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GENERAL  LAWS 


OP 


CALIFORNIA 


AS  AMENDED  UP  TO  THE  END  OF  THE 

SESSION    OF  1899 


Containing  the  Laws  that  are  in  Common  Use  in 

Full,   with    References  to  Other  General 

Laws  in  Force,  and  also  to  Special  Laws 

in   P'orce  or   Showing  where   such 

Special  Laws  may  be  Found. 


BY 

JAMES   H.  DEERING, 

OF  THE   SAN    FRANCISCO    BAR. 


SAN    FRANCISCO: 

BANCROFT-WHITNEY   CO 

Law  Publishers  and  Law  Booksellers. 
1899. 


5 


Copyright  1899. 
BANCROFT-WHITNEY  CO. 


San  Francisco: 

The  Fit.mek-Rolltns  electrotypk  Tompany, 

Typographers  and  Stereotypers. 


i 


CONTENTS. 


Title 

1.  Acknowle<aigments,  p.  1. 

2.  Adulteration,   p.   1. 

3.  Adultery,  p.  1. 

4.  Aged  Persons,  p.  2. 

5.  Agriculture,  p.  2. 

6.  Alameda  County,  p.  14. 

7.  Aliens,  p.  14. 

8.  Alpine  County,  p.  15. 

9.  Amador  County,  p.  16. 

10.  Animals,  p.  16. 

11.  Appeals,  p.  17. 

12.  Apprentices,  p.  18. 

13.  Arbitration,  p.  18. 

14.  Artesian  Wells,  p.  20. 

15.  Attorney-General,   p.   22. 

16.  Auditors,  p.  22. 

17.  Banlis  and  Banking,  p.  23. 

18.  Bee-Culture,  p.  36. 

19.  Benefit  Societies,  p.  36. 

20.  Blue-Book,  p.  37. 

21.  Board  of  Examiners,  p.  37. 

22.  Boards  of  Freeholders,  p.  37. 

23.  Bonds,   p.  37. 

24.  Boundary  of  State,  p.  40. 

25.  Bridges,  p.  40. 

26.  Building  and  Loan  Associations,  p.  44. 

27.  Buoys  and  Beacons,  p.  44. 

28.  Butte  County,  p.  44. 

29.  Butter,  p.  44. 

30.  Calaveras  County,  p.  45. 

31.  California  Statutes,  Index  to  p.  45. 

32.  California  Volunteers,  p.  45. 

33.  Cemeteries,  p.  45. 

34.  Census,  p.  49. 


iv  Contents. 

Title 

35.  Central  American  Exhibition,  p.  50. 

36.  Chambers  of  Commerce,  p.  50. 

37.  Cheese,  p.  50. 

38.  Chieo,  p.  52. 

39.  Chinese,  p.  52. 

40.  City  and  County  Attorneys,  p.  62. 

41.  Civil  Rights,  p.  62. 

42.  Codes,  p.  63. 

43.  Colleges,  p.  67. 

44.  Columbian  Exposition,  p.  68. 

45.  Colusa  County,  p.  68. 

46.  Congressional  Districts,  p.  69. 

47.  Constables,  p.  69. 

48.  Constitution,  p.  69. 

49.  Contagious  Diseases  Among  Sheep,  p.  69, 

50.  Contra  Costa  County,  p.  70. 

51.  Contracts,  p.  70. 

52.  Controllers,  p.  72. 

53.  Convicts,  p.  72. 

54.  Co-operative  Associations,  p.  72. 

55.  Coroners,  p.  73. 

56.  Corporations,  p.  73. 

57.  Costs,  p.  74. 

58.  Counties,  p,  74. 

59.  County  Boundaries,  p.  75. 

60.  County  Clerks,  p.  76. 

61.  County   Government,  p.   77. 

62.  Courts,   p.   253. 

63.  Coyote   Scalps,   p.   253. 

64.  Cruelty  to  Animals,  p.  254. 

65.  Ciiielty  to  Children,  p.  254. 

66.  Deaf,  Dumb  and  Blind,  p.  255. 

67.  Deeds,  p.  256. 

68.  Del  Norte  County,  p,  256. 

69.  Dentisti-y,   p.  256. 

70.  District  Attorneys,  p.  260. 

71.  Ditches,  p.  260. 

72.  Dogs,  p.  261. 

73.  Donations  to  State,  County,  City,  or  Town. 

p.  263. 

74.  Drainage,   p.   263. 

75.  Education,  p.  304. 


Contents. 

Title 

76.  El  Dorado  County,  p.  313. 

77.  Elections,  p.  313. 

78.  Emigration,  p.  314. 

79.  Estates  of  Deceased  Persons,  p.  314. 

80.  Estrays,   p.   315. 

81.  Explosives,  p.  317. 

82.  Feather  River,  p.  321. 

83.  Feeble-Minded   Children,   p.  321. 

84.  Fees,  p.  323. 

85.  Fences,  p.  339. 

86.  Fei'iT  Depot,  p.  339. 

87.  Fire  Department,  p.  340. 

88.  Fire  Patrol,  p.  340. 

89.  Fires,  p.  340. 

90.  Fiscal  Year,  p.  340. 

91.  Fish,  p.  340. 

92.  Fish  and  Game  Warden,  p.  341. 

93.  Fish  Commissioners,  p.  341. 

94.  ForestiT,  p.  342. 

95.  Fresno  County,  p.  343. 

96.  Fruit-Trees  and  Vines,  p.  343. 

97.  Funds,  p.  346. 

98.  Game,  p.  346. 

99.  Game  Laws,  p.  347. 

100.  Gas,  p.  347. 

101.  Geological  Survey,  p.  352. 

102.  Glenn  County,  p.  353. 

103.  Goats,  p.  353. 

104.  Governors,  p.  354. 

105.  Grand  Army,  p.  354. 

106.  Growing  Trees,  p.  354. 

107.  Guardians,  p.  354. 

108.  Hamburg  Horticultural  Exposition,  p.  355. 

109.  Harbor  Commissioners,  p.  355. 

110.  Hastings  Law  School,  p.  355. 

111.  Hides  of  Cattle,  p.  355. 

112.  Highways,   p.   356. 

113.  Hogs,  p.  369. 

114.  Home  of  Adult  Blind,  p.  370. 

115.  Home  of  The  Inebriate,  p.  371. 

116.  Homesteads,  p.  371. 


vi  Contents. 

Title 

117.  Homing  Pigeons,  p.  372. 

118.  Hops,  p.  372. 

119.  Hoi-ticulture,  p.  373. 

120.  Hospitals,  p.  383. 

121.  House  of  Correction,  p.  383. 

122.  Humboldt  Bay,  p.  383. 

123.  Humboldt   County,  p.   384. 

124.  Hunting  on  Private  Grounds,  p.  384. 

125.  Husbandry,  p.  384. 

126.  Indians,  p.  384. 

127.  Indigent  Sick  and   Infirmaries,  p.  385. 

128.  Infancy,  p.  385. 

129.  Insane,  p.  386. 

130.  Insolvency,  p.  434. 

131.  Insurance,  p.  435. 

132.  Interpreters,  p.  435. 

133.  Intoxicating  Liquors,  p.  435. 

134.  Inventory,  p.  435. 

135.  Inyo  County,  p.  436. 

136.  Irrigation  Districts,  p.  436. 

137.  Japanese  Government,  p.  549. 

138.  Judges  of  The  Plains,  p.  549. 

139.  Judgments,  p.  549. 

140.  Justices  of  The  Peace,  p.  550, 

141.  Jute  Goods,  p.  550. 

142.  Kern  County,  p.  550. 

143.  Kings  County,  p.  551. 

144.  Klamath  County,  p.  551. 

145.  Labor  Statistics,  p.  551. 

146.  Lake  County,  p.  552. 

147.  Lake  Tahoe,  p.  552. 

148.  Lands  of  State,  p.  553. 

149.  Larceny,  p.  553. 

150.  Lassen  County,  p.  553. 

151.  Legal  Tender,  p.  553. 

152.  Legislation,  p.  554. 

153.  Legislative  Districts,  p.  555. 

154.  Levee  Districts,  p.  555. 

155.  Libel,  p.  560. 

156.  Libraries  and  Eeading-Rooms,  p.  560. 

157.  Libraries,  Law,  p.  561. 


Contents.  vil 


Title 

158.  License  Collectors,  p.   561. 

159.  Licenses,  p.  562. 

160.  Liens,  p.  562. 

161.  Light  Houses,  p.  562. 

162.  Liquor,  p.  563. 

163.  Lodging  Houses,  p.  563. 

164.  Logs,  p.  563. 

165.  Los  Angeles  County,  p.  563. 

166.  Lost  Warrants,   p.  564. 

167.  Lumber  Manufacturers,  p.  565. 

168.  Madera   County,   p.   565. 

169.  Manufactured  Goods,  p.  565. 

170.  Maps,  p.   565. 

171.  Marin  County,  p.  566. 

172.  Mariposa  County,  p.  566. 

173.  Marks  and  Brands,  p.  567. 

174.  Marshall  Monument,  p.  567. 

175.  Master  and  Servant,  p.  567. 

176.  Mechanics'  Institute,  p.  567. 

177.  Medicine,  p.  568. 

178.  Mendocino  County,  p.  576. 

179.  Merced  County,  p.  576. 

180.  Military  Academies,  p.  577. 

181.  Mineral  Cabinet,  p.  578. 

182.  Mineralogist,  State,  p.  578. 

183.  Mines  and  Mining,  p.  579. 

184.  Missing  Persons,  p.  597. 

185.  Modoc  County,  p.  599. 

186.  Mono   County,   p.   599. 

187.  Monterey,  p.  600. 

188.  Monterey  County,  p.  600. 

189.  Morgue,  p.  600. 

190.  Mortgages,  p.  600. 

191.  Municipal  Corporations,  p.  601. 

192.  Napa  County,  p.  940. 

193.  National  Guard,  p.  940. 

194.  Naval  Battalion,  p.  941. 

195.  Nevada  County,  p.  941. 

196.  Normal   Schools,  p.   941. 

197.  Notaries,   p.  941. 

198.  Officers,  p.  941. 


viii  Contents. 

Title 

199.  Oleomargarine,  p.  942. 

200.  Olive  Oil,  p.  942. 

201.  Orange  County,  p.  942. 

202.  Ordinances,  p.  942. 

203.  Orphans,  p.  944. 

204.  Oysters,  p.  945. 

205.  Pharmacy,  p.  945. 

206.  Pilots,  p.  951. 

207.  Placer  County,  p.  951. 

208.  Plumas   County,   p.   952. 

209.  Poisons,  p.  952. 

210.  Police,  p.  952. 

211.  Police  Courts,  p.  952. 

212.  Police  Department,  p.  953. 

213.  Predaceous  Insects,  p.  954. 

214.  Prize-fighting,  p.  954. 

215.  Prostitution,  p.  954. 

216.  Protection  Districts,  p.  954. 

217.  Public  Administrator,  p.  966. 

218.  Public  Debt,  p.  966. 

219.  Public  Health,  p.  976. 

220.  Public   Lands,   983. 

221.  Public  Marliet,  p.  984. 

222.  Public  Parks,  p.  985. 

223.  Public  Works,  p.  987. 

224.  Quarantine,  p.  1019. 

225.  Railroads,  p.  1022. 

226.  Ramie  Culture,  p.  1024. 

227.  Reclamation  Districts,   p.   1024. 

228.  Records,  p.  1030. 

229.  Riverside  County,  p.  1030. 

230.  Roads  and  Highways,  p.  1030. 

231.  Rodeos,  p.  1031. 

232.  Sacramento  County  and  City,  p.  1031, 

233.  San  Benito  County,  p.  1031. 

234.  San  Bernardino  County,  p.  1033. 

235.  San  Diego  County,  p.  1033. 

236.  San  Francisco  City  and  County,  p.  1033. 

237.  Sanitary  Districts,  p.  1035. 

238.  San  Joaquin  County,  p.  1049. 

239.  San  Luis  Obispo  County,  p.  1050. 

240.  San  Mateo  County,   p.   1050. 


Contents. 

Title 

241.  Santa  Barbara  County,  p.  1050. 

242.  Santa  Clara  County,  p.   1050. 

243.  Santa  Cruz  County,  p.  1051. 

244.  School  of  Industry,  p.  1051. 

245.  School  of  Keform,  p.  1051. 

246.  Schools,  p.  1051. 

247.  Seduction,  p.  1082. 

248.  Settlers,  p.  1082. 

249.  Sewers,  p.   1083. 

250.  Shasta  County,  p.  1084. 

251.  Sheep,  p.  1084. 

252.  Sheriffs,  p.   1084. 

253.  Sierra  County,  p.  1084. 

254.  Silk  Culture,  p.  1084. 

255.  Siskiyou  County,  p.  1085. 
256.^  Solano  County,  p.  1085. 
257."  Soldiers  and  Sailors,  p.  1085. 

258.  Sonoma  County,  p.   1086. 

259.  Squirrels  and  Gophers,  p.  1086. 

260.  Stallions,  p.  1087. 

261.  Stamps,  p.  1087. 

262.  Stanislaus  County,  p.  1087. 

263.  State,  p.  1087. 

264.  State  Analyst,  p.  1088. 

265.  State  Capitol,  p.  1088. 

266.  State  Lands,  p.  1088. 

267.  State  Printer,  p.  1092. 

268.  State  Prisons,  p.  1093. 

269.  Statute  of  Limitations,  p.  1093. 

270.  Stevenson,  J.  D.,  p.  1093. 

271.  Stocktou,  p.  1093. 

272.  Streets,  p.  1094. 

273.  Sundays,  p.  1181. 

274.  Supei'visors,   p.   1181. 

275.  Supreme  Court  Reporter,  p.  1181. 

276.  Surveyor  General,  p.  1181. 

277.  Surveyors,  p.  1181. 

278.  Sutter  County,  p.  1185. 

279.  Sutter's  Fort,  p.  1186. 

280.  Swamp  and  Overflowed  Lands,  p.  1186. 

281.  Taxation,  p.  1191. 


X  Contents. 

Title 

282.  Tehama  County,  p.  1217. 

283.  Telegraph  Companies,  p.  1218. 

284.  Theaters,  p.  1218. 

285.  Thistle,   p.   1219. 

286.  Tia  Juana  Sufferers,  p.  1219. 

287.  Torrens  Land  System,  p.  1219. 

288.  Trademarks,  p.  1258. 

289.  Training-Ship,  p.  1258. 

290.  Treasurers,  p.  1258. 

291.  Trespassing  Animals,  p.  1259. 

292.  Trinity  County,  p.  12.59. 

293.  Tulare  County,  p.  1259. 

294.  Tuolumne  County,  p.  1259. 

295.  Unincorporated  Societies,  p.  1259. 
295a  United  States  Flag. 

296.  United  States  Senators,  p.  1260. 

297.  University   of   California,   p.   1261. 

298.  Ventura  County,  p.  1262. 

299.  Veterans'   Home  Association,  p.  1262. 

300.  Veterinary  Surgery,  p.  1264. 

301.  Viticulture,  p.  1267. 

302.  Warehouses,  p.  1267. 

303.  Water   Commissioners,   p.   1267. 

304.  Water  Companies,  p.  1268. 

305.  Waters,  p.  1271. 

306.  Weights  and  Measures,  p.  1279. 

307.  Wharfingers,  p.  1279. 

308.  Wharves,  p.  1279. 

309.  Wilmington,  p.  1280. 

310.  Woman's  Relief  Coi-ps,  p.  1280. 

311.  World's  Exhibition,  p.  1281. 

312.  Yolo  County,  p.  1282. 

313.  Yosemite  Valley,  p.  1282. 

314.  Yuba  County,  p.  1282. 


GENERAL    LAWS 


STATE    OF    CALIFORNIA. 


TITLE  1. 
ACKNOWLEDGMENTS. 

Acts  relating  to,  see  Cml  Code,  Appendix,  title 
Acknowledgments,  p.  703  et  seq. 

ADULT  BLIND. 
See  Home  of  Adult  Blind. 


TITLE  2. 

ADULTERATION, 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Adulteration,  p.  495. 


TITLE  3. 

ADULTERY. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Adultery,  p.  506. 

Gen.  Laws — 1. 


2  '  Aged  Persons— Agriculture. 

TITLE  4. 

AGED  PERSONS. 

See  Home  of  Adult  Blind;    Veterans'  Home  Asso- 
ciation. 

An  Act  to  appropriate  money  for  the  support  of 

aged  persons  in  indigent  circumstances. 

This  act  was  repealed  by  the  following  act: 

An  Act  repealing  chapter  ninety-six  of  the  stat- 
utes of  eighteen  hundred  and  eighty-three,  en- 
titled "An  Act  to  appropriate  money  for  the 
support  of  aged  persons  in  indigent  circum- 
stances," approved  March  15,  1883. 

[Approved  February  28,  1895;  Stats.  1895,  chap, 
xii.    In  effect  immediately.] 

Section  1.  Chapter  ninety-six  of  the  statutes  of 
eighteen  hundred  and  eighty-three,  entitled  "An 
Act  to  appropriate  money  for  the  support  of  aged 
persons  in  indigent  circumstances,"  approved 
March  fifteenth,  eighteen  hundred  and  eighty- 
three,  is  hereby  repealed. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


TITLE  5. 

AGRICULTURE. 

See  Fruit-trees  and  Vines;  Horticulture;  Silk  Cul- 
ture;   Viticulture. 

-A  collection  of  the  acts  relating  to  Agriculture 
and  the  State  Agricultural  Societies  is  contained 
in  Deering's  Annotated  Penal  Code,  p.  411,  et 
seq.    In  addition  consult  the  following  acts: 


Agriculture.  3 

An  act  to  authorize  state  agricultural  societies  un- 
der the  control  of  the  state  to  sell  property- 
held  by  them  in  fee,  or  held  by  trustees  for 
their  use,  or  in  which  they  may  have  any  in- 
terest; to  prescribe  a  course  of  procedure  there- 
for; to  indemnify  purchasers  at  such  sale,  and 
to  direct  how  the  proceeds  shall  be  applied. 

[Stat,  approved  February  25,  1897;  Stats.  1897, 
chap,  xxxiv.] 

Section  1.  Whenever  any  state  agricultural  so- 
ciety under  state  control  shall  desire  to  sell  the 
whole  or  any  portion  of  its  real  estate  held  by  it  In 
fee,  or  by  a  trustee  for  its  use,  or  in  which  it  may 
have  any  title,  interest,  or  claim,  it  shall  oe  law- 
ful for  such  society  or  association  to  file  its  com- 
plaint in  the  superior  court  of  the  county  in  which 
such  lands  are  situated,  setting  forth  the  nature 
of  the  title  under  which  the  land  to  be  affected 
by  the  decree  of  the  court  is  held,  and  what  claim 
such  society  or  association  has  therein;  and  that 
it  is  the  desire  of  such  society  or  association  to  sell 
such  real  estate,  and  praying  for  judgment  author- 
izing it  to  sell  the  same.  In  such  action  the  trus- 
tee or  trustees  holding  title  in  trust  for  such  so- 
ciety or  association,  or  their  successors,  or  the  sur- 
vivor or  survivors  of  them,  or  such  other  persons 
deriving  title  from  the  trustees,  as  the  case  shall 
require,  shall  be  made  parties  defendant;  and  up- 
on the  service  of  the  summons  upon  such  defend- 
ants personally  or  by  publication,  or  upon  their 
appearance,  the  court  shall  have  full  jurisdiction 
in  the  premises.  Such  society  or  association  may 
include  as  defendants  in  such  action  in  addition  to 
such  persons  or  parties  as  appear  of  record  to 
have,  and  other  persons  or  parties  who  are  known 
to  have,  some  claim  in  or  lien  on  the  lands  de- 
scribed in  the  complaint;  also  all  other  persons  or 
parties  unknown,  claiming  any  right,  interest,  or 
lien  in  such  land,  and  the  plaintiff  may  describe 
such  defendants  in  the  complaint  as  follows: 

"Also  all  other  persons  or  parties,  unknown, 
claiming  any  right,  title,  estate,  lien,  or  interest 
in  the  real  estate  described  in  the  complaint  here- 
in." Service  of  the  summons  may  be  had  upon 
all  such  unknown  persons  or  parties  defendant  by 


4  Agriculture. 

publication,  as  provided  by  law  in  case  of  non-res- 
ident defendants.  AH  sucn  unknown  persons  or 
parties  so  served  v^hall  have  the  same  rights  as 
are  provided  by  law  in  case  of  all  the  other  de- 
fendants upon  whom  service  is  made  by  publica- 
tion or  personally  and  the  action  shall  proceed 
against  such  unknown  persons  or  parties  in  the 
same  manner  as  against  the  defendants  who  are 
named,  upon  whom  service  is  made  by  publica- 
tion, and  with  like  effect;  and  any  such  unknown 
persons  or  parties  who  have  or  claim  any  right, 
estate,  lien,  or  interest  in  the  said  property  in  con- 
troversy at  the  time  of  the  commencement  of  the 
action,  duly  served  as  aforesaid,  shall  be  bound 
and  concluded  by  the  judgment  in  such  action  as 
effectually  as  if  the  action  was  brought  against 
**uch  defendant  by  his  or  her  name,  and  personal 
service  of  the  summons  obtained,  notwithstanding 
any  such  unknown  person  may  be  under  legal  dis- 
ability. The  court  shall  have  full  power  and  au- 
thority to  order  the  property  sold.  In  case  of  a 
sale,  Ihe  court  shall  appoint  a  commissioner  to 
make  the  sale,  and  shall  direct  the  manner  in 
which  the  sale  shall  be  conducted;  provided,  that 
when  any  property  is  held  in  trust  by  any  such 
agricultural  society  or  association,  such  property 
held  in  trust  shall  be  sold  separately  from  any 
that  may  be  held  in  fee.  The  commissioner  shall 
make  a  report  of  sale  to  the  court,  which,  after 
such  notice  as  it  may  deem  proper,  shall  proceed 
to  hear  the  same,  and  if  it  finds  that  the  sale  was 
I'airly  conducted,  and  the  price  bid  was  propor- 
tionate to  the  value  of  the  land  sold,  it  shall  r^iake 
and  enter  a  decree  confirming  the  sale,  and  direct- 
ing the  commissioner  to  execute  a  deed  to  the  pur- 
chaser, Tlie  deed  executed  by  said  commissioner, 
under  and  in  pursuance  of  the  decree  of  the  court, 
shall  be  valid  and  effectual  to  convey  to  the  pur- 
chaser an  absolute  title  in  fee  simple  to  the  prem- 
ises; provided,  however,  that  before  the  filing  of 
any  such  complaint  in  the  superior  or  any  other 
court,  it  shall  be  necessary  for  such  agricultural 
society,  or  any  person  or  corporation  claiming  the 
title  to  such  land,  to  prepare,  sign,  and  properly 
acknowledge  a  good  and  sufficient  deed  or  deeds 
sufficient  to  vest  in  the  state  all  title,  interest,  or 


Agriculture.  5 

claim  which  such  society  may  have  in  and  to  any 
land  to  be  affected  by  the  proceedings  hereby  au- 
thorized to  be  instituted:  such  deed  or  deeds  to 
be  conditioned  that  the  title,  claim,  or  interest  of 
such  society  embraced  in  such  deed  or  deeds  shall 
be  held  by  the  state  of  California  in  trust  for  the 
benefit  of  such  society;  which  said  deed  or  deeds 
shall  be  deposited  with  the  state  treasurer,  to  be 
by  him  held  in  escrow  pending  the  final  conclusion 
of  such  proceedings  in  such  court.  If  the  court  in 
which  such  proceedings  are  had  shall  order  such 
land  to  be  sold,  as  herein  provided  for,  the  state 
treasurer  shall  forthwith  file  such  deed  or  deeds 
with  the  county  recorder  of  the  county,  or  city  and 
county,  in  which  such  land  is  located.  If  there  be 
any  liens  upon  or  claims  against  the  property,  the 
court  shall  order  them  paid  out  of  the  proceeds  of 
sale.  The  residue  remaining,  after  paying  the 
costs  and  expenses  of  sale  and  such  liens  and 
claims  against  the  property  as  the  court  may  or- 
der paid,  shall  be  paid  into  the  state  treasury, 
where  it  shall  remain  until  required  for  the  pur- 
chase of  other  property  for  the  use  of  such  so- 
ciety or  association,  upon  the  order  of  the  state 
controller;  and  it  shall  be  drawn  therefrom  only 
upon  authorization  passed  by  the  board  of  direc- 
tors or  trustees  of  such  society  or  association,  by 
and  with  the  approval  of  the  state  board  of  exam- 
iners, and  upon  warrants  duly  draw^n  by  the  state 
controller.  If,  through  any  defect  in  the  proceed- 
ings, or  otherwise,  the  title  should  not  pass,  the 
state  will  indemnify  the  purchaser  by  repaying  to 
him  the  amount  paid  by  him;  provided,  such  pur- 
chaser or  purchasers  shall  file  their  claim  or  claims 
for  the  repayment  of  such  purchase  price  with  the 
state  board  of  examiners  within  five  years  after 
the  payment  of  such  purchase  price  to  the  state 
treasurer  in  the  first  instance.  The  surplus  of 
proceeds  of  sale,  paid  into  the  state  treasury,  shall 
be  drawn  out  on  certificate,  signed  by  a  majority 
of  the  directors,  or  governing  body  of  such  soci- 
ety or  association,  and  also  of  the  state  board  of 
examiners,  stating  that  it  is  desired  for  the  pay- 
ment for  other  property  for  the  use  of  such  agri- 
cultural society;  and  upon  receipt  of  such  certifi- 


6  Agriculture. 

cate,  the  treasurer  shall  pay  to  the  said  directors, 
or  govei'uing-  body,  or  person  designated  by  them, 
all  or  such  part  of  such  surplus  as  may  be  re- 
quired for  the  purchase  of  other  property,  pro- 
vided, however, that  if  all  or  any  portion  of  the 
real  estate  and  the  improvements  thereon  held 
by  any  state  agricultural  society  under  state  con- 
trol, shall  have  been  acquired  in  the  name  of  such 
society,  or  of  any  person,  association,  or  corpora- 
tion, in  trust  for  the  use  of  said,  or  any  other 
agricultural  society,  originally,  or  at  any  time,  by 
the  use  of  money  derived  from  taxation  of  the 
taxable  property  of  any  city  and  county,  county, 
or  city,  then,  and  in  that  event,  the  surplus  pro- 
ceeds of  any  sale  of  such  property  shall  be  in- 
vested in  other  real  estate  within  the  same  county, 
or  city  and  county,  for  the  same  purpose,  and  not 
otherwise,  or  elsewhere.  It  is  expressly  pro- 
vided that  in  no  event  shall  the  state  be  liable 
for  the  payment  of  any  expense,  interest,  or  attor- 
nej'^s'  fees,  incurred  by  any  one,  on  any  account, 
by  or  on  behalf  of  any  such  agricultural  society  in 
their  behalf:  and  it  shall  be  incumbent  on  such  so- 
ciety to  make  provision  for  the  payment  of  the 
expenses,  costs,  attorneys'  fees,  and  any  interest 
that  may  be  necessary  to  be  paid  any  purchaser, 
by  reason  of  repayment  of  any  purchase  money 
on  account  of  failure  of  title  to  such  lands;  such 
provision  for  the  payment  of  expenses,  attorneys' 
fees,  costs,  and  anticipated  interest  to  be  provided 
for  prior  to  the  issue  of  any  summons,  or  order  of 
publication  in  any  action  contemplated  by  this  act. 
Amended  March  16,  1899,  Stats.  1899,  ch.  92. 

Sec.  2.  If  any  real  estate  contemplated  in  the 
preceding  section,  purchased  by  the  proceeds  of 
taxes  levied  upon  and  collected  from  the  taxable 
property  of  any  city  and  county,  county,  or  city, 
shall  have  been  ordered  sold,  as  in  said  section 
provided,  and  shall  have  been  offered  for  sale  in 
the  mode  therein  specified,  for  a  period  of  sixty 
days  or  more,  and  not  all  sold  for  want  of  an  ade- 
quate price,  the  board  of  directors,  or  governing 
body  of  such  society  or  association,  shall  be,  and 
they  are  hereby  authorized  and  empowered  to  ex- 
change all  or  any  part  of  such  real  estate  for  other 
land  suitable  for  the  use  of  such  society,  or  as- 
sociation,   within   the    same   county,    or    city   and 


Agriculture.  7 

county,  upon  such  terms  as  may  be  reasonable 
and  just,  and  the  deed  or  deeds  executed  for  the 
conveyance  of  such  real  estate  in  exchange  shall 
be  executed  by  the  board  of  directors  of  such  so- 
ciety or  association,  or  a  majority  thereof,  and 
by  the  commissioner  appointed  in  the  proceedings 
provided  for  in  the  preceding  section  for  the  sale 
of  such  property,  and  such  exchange  of  property 
shall  be  subject  to,  and  with  the  approval  of  a 
judge  of  the  superior  court  of  the  county,  or  city 
and  county,  in  which  the  proceedings  provided  for 
were  had.  [New  section  added  March  1(J,  1899; 
Stats.  1899,  ch.  XCII.] 

Sec.  3.  In  case  of  the  exchange  of  any  portion 
of  such  property,  as  provided  for  in  section  two 
hereof,  the  real  estate  received  in  such  exchange 
shall  be  subject  to  the  indemnification  of  anj^  per- 
son who  shall  receive  any  of  the  said  real  estate 
of  said  agricultural  society  in  such  exchange  in 
case  of  any  defect  in  the  proceedings,  or  otherwise, 
whereby  the  title  to  such  real  estate  of  such  so- 
ciety should  not  pass,  and  in  such  case  of  ex- 
change the  state  of  California  shall  be  absolved 
from  any  obligation  to  pay  any  part  of  any  pur- 
chase price,  or  value  of  exchanged  property;  pro- 
vided further,  that  no  claims  for  failure  of  title 
for  any  reason  shall  be  entertained  after  five  years 
from  the  date  of  such  exchange.  [New  section 
added  March  16,  1899;  Stats.  1899,  ch.  XCII.] 

Sec.  4.  This  act  shall  take  effect  immediately 
from  and  after  its  passage. 


An  act  entitled  an  act  to  form  agricultural  dis- 
tricts, to  provide  for  formation  of  agricultural 
associations  therein,  and  for  the  management 
and  control  of  the  same  by  the  state,  and  to 
repeal  all  acts  and  parts  of  acts  in  conflict  with 
this  act. 

[Stat,  approved  March  31,  1897;  Stats.  1897,  chap, 
cexxv.] 

Section  1.  The  several  counties  of  this  state  are 
divided  and  classified  into  agricultural  districts, 
and  numbered  as  follows,  to-wit: 


8  Agriculture. 

The  counties  of  San  Francisco  and  Alameda 
shall  constitute  agricultural  district  No.  1. 

The  county  of  San  Joaquin  shall  constitute  agri- 
cultural district  No.  2. 

I'he  county  of  Butte  shall  constitute  agricultural 
district  No.  3. 

The  counties  of  Sonoma  and  Marin  snail  consti- 
tute agricultural  district  No.  4. 

The  counties  of  San  Mateo  and  Santa  Clara  shall 
constitute  agricultural  district  No.  5. 

The  county  of  Los  Angeles  shall  constitute  agri- 
cultural district  No.  6. 

The  county  of  Monterey  shall  constitute  agricul- 
tural district  No.  7. 

The  County  of  El  Dorado  shall  constitute  agricul- 
tural district  No.  8. 

The  county  of  Humboldt  shall  constitute  agri- 
cultural district  No.  9. 

The  countj'  of  Siskiyou  shall  constitute  agricul- 
tural district  No.  10. 

The  counties  of  Plumas  and  Sierra  shall  consti- 
tute agricultural  district  No.  11;  provided,  that  the 
first  fair  held  in  the  eleventh  agricultural  district 
after  the  passage  of  this  act  shall  be  held  in  Sierra 
county;  tlie  next  fair  in  Plumas  county,  and 
thereafter  said  counties  shall  so  alternate  in  hold- 
ing such  fail's. 

The  counties  of  Lake  and  INIendocino  shall  con- 
stitute agricultural  district  No.  12, 

The  counties  of  Sutter  and  Yuba  shall  consti- 
tute agricultural  district  No.  13. 

The  county  of  Santa  Cruz  shall  constitute  agri- 
cultural district  No.  14. 

The  county  of  Kern  shall  constitute  agricultural 
district  No.  1-5. 

The  county  of  San  Luis  Obispo  shall  constitute 
agricultural  district  No.  16. 

The  county  of  Nevada  shall  constitute  agricul- 
tural district  No.  17. 

The  counties  of  Mono,  Inyo,  and  Alpine  shall 
constitute  agricultural  district  No.  18. 

All  that  portion  of  Santa  Barbara  county  lying 
east  of  the  Gaviota  and  south  of  the  Santa  Ynez 
mountains,  shall  constitute  agricultural  district 
No.  19. 


Agriculture.  9 

The  county  of  Placer  shall  constitute  agricul- 
tural district  No.  20. 

The  counties  of  Fresno  and  Madera  shall  consti- 
tute agricultural  district  No.  21. 

The  county  of  San  Diego  shall  constitute  agri- 
cultural district  No.  22. 

The  county  of  Contra  Costa  shall  constitute 
agricultural  district  No.  23. 

The  counties  of  Tulare  and  Kings  shall  consti- 
tute agricultural  district  No.  24. 

The  county  of  Napa  shall  constitute  agricul- 
tural district  No.  25. 

The  county  of  Amador  shall  constitute  agricul- 
tural district  No.  26. 

The  counties  of  Shasta  and  Trinity  shall  consti- 
tute agricultural  district  No.  27. 

The  counties  of  San  Bernardino  and  Riverside 
shall  constitute  agricultural  district  No.  28. 

The  county  of  Tuolumne  shall  constitute  agri- 
cultural district  No.  29. 

The  county  of  Tehama  shall  constitute  agricul- 
tural district  No.  30. 

The  county  of  Ventura  shall  constitute  agricul- 
tural district  No.  31. 

The  county  of  Orange  shall  constitute  agricul- 
tural district  No.  32. 

The  county  of  San  Benito  shall  constitute  agri- 
cultural district  No.  33. 

The  county  of  Modoc  shall  constitute  agricul- 
tural district  No.  34. 

The  counties  of  Merced  and  Mariposa  shall  con- 
stitute agricultural  district  No.  35. 

The  county  of  Solano  shall  constitute  agricul- 
tural district  No.  36. 

All  that  portion  of  Santa  Barbara  county  not  in- 
cluded in  agricultural  district  No.  19  shall  consti- 
tute agi'icultural  district  No.  37. 

The  county  of  Stanislaus  shall  constitute  agri- 
cultural district  No.  38. 

The  county  of  Calaveras  shall  constitute  agricul- 
tural district  No.  39. 

The  county  of  Yolo  shall  constitute  agricultural 
district  No.  40. 

The  county  of  Del  Norte  shall  constitute  agricul- 
tural district  No.  41. 


10  Agriculture. 

The  county  of  Glenn  shall  constitute  agricul- 
tural district  No.  42. 

The  county  of  I^assen  shall  constitute  agricul- 
tural district  No.  43. 

The  county  of  Colusa  shall  constitute  agricul- 
tural district  No.  44. 

Sec.  2.  Where  two  or  more  counties  shall  con- 
stitute an  agricultural  district,  each  county  shall  be 
represented  in  the  district  Doard  of  directors  by  at 
least  two  resident  citizens,  as  directors  in  said 
board;  provided,  that  when  by  reason  of  the  for- 
mation of  a  new  agricultural  district,  a  director 
of  one  district  becomes  a  resident  of  another,  his 
term  of  office  as  director  will  expire  in  sixty  days 
after  the  formation  of  the  new  agricultural  dis- 
trict. Whenever  the  board  of  directors  of  two  or 
more  agricultural  districts  shall,  by  a  majority 
vote  of  each  board,  elect  to  unite,  the  said  sev- 
eral districts  m.ay  associate  as  one  district,  and 
hold  a  fair  in  any  of  said  districts,  and  may  for 
such  purpose  draw  the  appropriation  for  all  of 
said  districts,  and  expend  the  same  for  said  fair. 

Sec.  3. .  Any  fifty  or  more  persons,  representing 
a  majority  of  the  counties  within  any  one  of  the 
districts  above  constituted,  may  form  an  associa- 
tion, for  the  improvement  of  the  material  indus- 
tries within  such  district,  and  when  so  formed,  the 
association  shall  be  known  and  designated  by  the 

name  of Agricultural  Association,  and  by 

such  name  and  style  shall  have  perpetual  succes- 
sion, and  shall  have  power  and  authority  to  con- 
tract and  be  contracted  with,  to  sue  and  be  sued, 
to  have  and  use  a  common  seal,  to  purchase  and 
hold  and  lease  real  estate,  with  such  buildings 
and  improvements  as  may  be  erected  tnereon,  and 
may  sell  and  lease  and  dispose  of  the  same  at 
pleasure.  The  said  real  estate,  except  as  herein- 
after provided,  shall  be  used  by  such  association 
for  the  purpose  of  holding  exhibitions  of  horses, 
cattle,  and  other  stock,  and  of  the  agricultural, 
horticultural,  viticultural,  mechanical,  manufac- 
turing, and  domestic  products  of  such  district, 
with  a  view  to  the  improvement  of  all  industries 
In  the  same.  But  the  said  association  shall  have 
the  power,  and  are  hereby  authorized,  to  sell  and 


Agriculture.  11 

couvey  any  portion  of  the  real  estate  held  by  it, 
by  whatever  title  derived,  which  may  not  be  nec- 
essary for  the  permanent  use  of  said  association 
for  the  purposes  aforesaid. 

Sec.  4.  The  officers  of  such  association  shall 
consist  of  eight  directors,  who  shall  constitute  a 
district  board  of  agriculture  for  district  number 
;  a  president,  who  shall  be  one  oi  their  num- 
ber, and  a  secretary  and  treasurer,  not  of  their 
number. 

Sec.  5.  W  ithin  ten  days  after  the  formation  of 
any  new  agricultural  association  within  any  of 
the  districts  above  constituted  in  accordance  with 
the  provisions  of  this  act,  and  notice  of  such  for- 
mation to  the  governor,  the  governor  shall  appoint 
eight  resident  citizens  of  such  district  as  mem- 
bers of  a  district  board  of  agriculture  for  said  dis- 
trict, whose  term  of  office  shall  be  four  years,  ex- 
cept as  hereinafter  provided. 

Sec.  6.  Within  ten  days  after  their  appoint- 
ment, the  persons  so  appointed  shall  qualify  as  re- 
quired by  the  constitution,  and  shall  meet  at  a 
place  within  the  district  and  organize  by  the  elec- 
tion of  one  of  their  number  as  president  of  the 
board  and  association,  who  shall  hold  said  office 
of  president  one  year,  and  until  his  successor  is 
elected;  they  shall  also  elect  a  secretary  and 
treasurer. 

Sec.  7.  At  the  same  meeting  the  members  of 
the  board  shall,  by  lot  or  otherwise,  classify  them- 
selves into  four  classes  of  two  members  each. 
The  term  of  office  of  the  first  class  shall  expire  at 
the  end  of  the  first  fiscal  year;  of  the  second  class, 
of  the  second  fiscal  year;  of  the  third  class,  of  the 
third  fiscal  year;  and  of  the  fourth  class,  at  the 
end  of  the  full  term  of  four  years.  The  fiscal  year 
shall  be  from  December  first  to  December  first; 
provided,  that  all  officers  of  agricultural  districts 
now  in  office,  under  any  law  heretofore  passed, 
shall  hold  office  for  the  term  for  which  they  were 
appointed,  except  in  cases  specified  in  seciion  two 
of  this  act.  And  the  agricultural  associations  here- 
tofore established  shall  be  continued  in  force,  and, 
so  far  as  applicable,  are  made  agricultural  asso- 
ciations under  this  act. 


12  Agriculture. 

Sec.  8,  Each  association  so  formed  and  organ- 
ized is  hereby  declared,  and  shall  be  recognized,  a 
state  institution,  and  the  board  so  appointed  and 
qualified  shall  have  the  exclusive  control  and 
management  of  such  institution,  for  and  in  the 
name  of  the  state,  and  shall  have  possession  and 
care  of  all  the  property  of  the  association,  and 
shall  fix  the  terms  of  oflice  and  the  bonds  of  the 
secretary  and  treasurer,  and  determine  their  sal- 
aries and  duties.  They  shall  have  the  power  to 
make  all  necessary  by-laws,  rules,  and  regula- 
tions for  the  government  of  the  association  and 
the  management  of  its  prudential  and  financial  af- 
fairs. They  shall  provide  for  an  annual  fair  or  ex- 
hibition by  the  association  of  all  the  industries 
and  industrial  products  in  the  district,  at  such 
time  and  place  as  they  deem  advisable;  provided, 
that  the  state  shall,  in  no  event,  be  liable  for  any 
premium  offered  or  award  made,  or  for  any  debt 
contracted  by  any  district  board  of  agriculture,  or 
agricultural  association;  and  provided  further, 
that  nothing  in  this  section  shall  be  so  construed 
as  in  any  way  to  affect  or  modify  any  of  the  pro- 
visions of  section  eleven. 

Sec.  9.  When  any  district  board  of  agriculture 
shall  have  been  classified  and  organized  as  here- 
in provided,  the  secretary  of  the  board  shall  re- 
port such  classification  and  organization  to  the 
state  board  of  agriculture.  He  shall  also  report 
the  same  to  the  governor,  and  shall  report  any 
vacancy  that  may  occur  in  the  board  to  the  gov- 
ernor, who  shall  fill  the  same,  by  appointment, 
for  the  unexpired  term. 

It  shall  be  the  duty  of  each  district  association 
formed  under  this  act.  to  report  to  the  state 
board  of  agriculture,  on  or  before  January  first  of 
each  year,  a  detailed  financial  statement,  together 
with  a  complete  statistical  review  of  the  agricul- 
tural resources  of  each  county  in  the  district,  for 
the  year  ending  December  thirty-first.  Said  re- 
view to  contain  the  acreage  and  yield  of  all  agri- 
cultural productions  for  the  year  previous,  and 
such  other  data  as  may  be  asked  for  by  the  state 
board  of  agriculture  in  the  furtherance  of  its  du- 
ties. 


Agriculture.  12  a 

Sec.  10.  Whenever  any  such  association  shall 
desire  to  sell  any  portion  of  its  real  estate  not 
needed  for  the  permanent  use  of  the  association, 
for  the  purposes  specified  in  section  three,  and 
such  real  estate  be  held  by  such  association  under 
a  deed  or  deeds  of  trust  conveying  the  said  lands 
in  trust,  to  be  held  in  perpetuity  as  a  place  for 
holding  agricultural  exhibitions  or  fairs,  or  for 
other  permanent  purposes  of  such  association,  it 
shall  be  lawful  for  such  association  to  file  its 
complaint  in  the  superior  court  of  the  county  in 
which  such  lands  are  situated,  setting  forth  the 
nature  of  the  title  under  which  they  are  held,  and 
that  it  is  the  desire  of  the  said  association  to  sell 
and  dispose  of  such  real  estate,  and  praying  for 
judgment  authorizing  it  to  sell  and  convey  the 
same.  In  such  action  the  trustee  or  trustees  in 
such  deed  or  deeds,  or  the  survivor  or  survivors 
of  them,  or  the  heirs,  or  administrators,  or  exe- 
cutors of  deceased  trustees,  as  the  case  may  re- 
quire, shall  be  made  parties  defendant;  and  upon 
service  of  the  summons  upon  such  defendants, 
personally  or  by  publication,  or  upon  their  appear- 
ance, the  court  shall  have  full  jurisdiction  in  the 
premises,  and  the  deed  executed  under  and  in 
pursuance  of  the  judgment  of  the  court  shall  be 
valid  and  effectual  to  convey  to  the  purchaser  the 
title  of  said  association,  and  that  of  all  of  its  pre- 
decessors in  title  made  parties  to  the  suit. 

Sec.  11.  Every  such  association  organized  and 
existing  under  the  laws  of  the  state,  and  which 
has  heretofore  issued  certificates  of  the  capital 
stock  of  such  association,  and  which  certificates 
last  mentioned  have  been  accepted  by  the  mem- 
bers of  such  association  in  lieu  of  certificates  of 
membership  therein,  may  elect  to  have  a  capital 
stock,  and  may  issue  certificates  of  stock  therefor, 
in  the  same  manner  and  with  like  effect  as  corpo- 
rations formed  under  the  provisions  of  chapter 
one,  article  one,  of  the  Civil  Code,  relating  to  the 
formation  of  corporations.  In  order  to  effect  such 
change,  a  meeting  of  the  holders  of  such  alleged 
certificates  of  capital  stock  may  be  called,  at 
which  the  holders  of  such  alleged  stock  shall  be 
entitled  to  one  vote  for  each  share  of  such  stock 


12  b  Agriculture. 

appearing  in  their  names,  respectively,  upon  the 
books  of  such  association.  Upon  the  receipt  of  a 
written  application,  signed  by  the  holders  of  one- 
fourth  of  the  shares  of  such  alleged  capital  stock 
of  such  association,  requesting  him  so  to  do,  the 
secretary  of  such  association  shall  give  notice  of 
the  time  and  place  of  holding  such  meeting,  by 
publication  in  some  newspaper  printed  and  pub- 
lished in  such  county,  or  city  and  county,  in  which 
the  principal  place  of  business  of  such  association 
is  located,  at  least  once  a  week  for  three  succes- 
sive weeks  next  prior  to  the  holding  thereof. 
Such  notice  shall  state  that  the  object  of  the  meet- 
ing is,  (1)  to  determine  whether  such  corporation 
elects  to  have  a  capital  stock  as  provided  by  this 
act;  (2)  the  amount  of  such  capital  stock,  and  (3) 
the  number  of  shares  into  which  the  same  shall  be 
divided.  At  such  meeting,  should  the  holders  of 
a  majority  of  the  shares  of  such  alleged  capital 
stock  vote  in  favor  of  having  a  capital  stock,  and 
fix  the  amount  thereof,  and  the  number  or  shares 
into  which  it  shall  be  divided,  then  such  corpo- 
ration shall  issue  certificates  of  capital  stock  to 
the  amount  fixed  at  such  meeting,  divided  into  the 
number  of  shares  provided  by  said  meeting,  to  the 
holders  of  such  alleged  capital  stock,  in  the  same 
proportion  as  such  alleged  stock  appears  in  the 
names  of  such  holders,  respectively,  upon  the 
books  of  such  association.  A  copy  of  the  notice 
calling  such  meeting,  the  affidavit  of«  publication 
thereof,  the  proceedings  of  such  meeting,  the 
amount  of  capital  stock  voted,  number  of  shares 
into  which  the  capital  stock  was  divided,  and  to 
whom  assigned,  duly  certified  by  the  chairman  of 
such  meeting,  and  the  secretary  of  such  associa- 
tion, under  the  seal  thereof,  must  be  filed  with 
the  secretary  of  state  and  the  clerk  of  the  county 
where  such  association  has  its  principal  place  ot 
business.  Thereafter  such  association  shall  be 
possessed  of  all  rights  and  powers,  and  shall  be 
subject  to  all  the  obligations  and  restrictions,  as  if 
it  liad  been  originally  created  a  corporation  with 
a  capital  stock,  including  the  right  to  elect  a  board 
of  directors  authorized  to  exercise  such  control  of 
all  the  property  of  such  association,  as  provided 


Agriculture.  IS 

in  chapters  one,  two,  three,  and  four  of  the  civil 
Code,  relating-  to  corporations;  provided,  such  as- 
sociation shall  have  no  authority  to  sell  any  por- 
tion of  the  real  estate  owned  and  held  by  it,  by 
whatever  title  derived,  which  may  be  necessary 
for  the  permanent  use  of  such  association,  for  the- 
purposes  aforesaid;  and  provided  further,  that  in 
the  event  that  such  association,  after  the  issuance 
of  a  capital  stock  as  aforesaid,  shall  be  offered  aid 
at  any  time  from  the  state  by  appropriation,  for 
the  purpose  of  holding  an  annual  district  fair,  and 
such  association,  by  a  vote  of  the  board  of  direc- 
tors, elected  as  hereinafter  provided,  adopts  a  res- 
olution accepting  such  appropriation,  then  and  in 
that  event  said  annual  fair  shall  be  held  under 
the  control  and  management  of  the  district  board 
of  agriculture  of  such  district;  but  said  district 
board  of  agriculture  shall  have  no  other  aumority, 
control,  or  management  of  or  over  the  property  of 
such  association,^  and  the  authority  which  it  may 
exercise  over  said  property  shall  continue  only 
during  the  time  occupied  in  holding  the  said  dis- 
trict fair,  which  time  shall  not  extend  over  more 
than  one  week  annually. 

When  any  corporation  has  elected  to  issue  capi- 
tal stock  under  this  act,  tne  president  thereof 
shall,  within  ten  days  after  filing  with  the  secre- 
tary of  state  of  the  certificate  hereinbefore  pro- 
vided, call  a  meeting  of  the  stockholders  of  such 
corporation,  for  the  purpose  of  electing  a  board  of 
directors  of  such  corporation,  which  board  of  di- 
rectors shall  hold  their  office  until  their  successors, 
are  elected  and  qualified,  and  thereafter  a  board 
of  directors  of  such  corporation  shall  be  elected 
annually,  on  the  day  of  the  month  upon  which  the 
election  of  said  first  board  of  directors  elected  as 
aforesaia  is  held,  unless  a  different  day  for  hold- 
ing such  election  is  fixed  by  the  board  of  directors- 
of  such  corporation,  by  its  by-laws,  properly 
adopted. 

Sec.  12.  All  acts  or  parts  of  acts  in  confiict  with 
this  act  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

Prior  acts  on  this  subject  will  be  founa  in  actsi 
Gen.  Laws— 2. 


14  Alameda  County— Aliens. 

of  1880,  p.  62;  1887,  p.  80;  1889,  p.  78;  1893,  p.  282; 
1891,  p.  138;  1895,  pp.  14,  75,  and  100. 


TITLE  6. 

ALAMEDA  COUNTY. 

For  a  reference  to  special  and  local  acts  relat- 
ing to  Alameda  county,  see  Deering's  Annotated 
Penal  Code,  p.  421,  et  seq. 


TITLE  7. 

ALIENS. 

An  Act  relating  to  the  appointment  of  aliens  to 
positions  under  State,  county,  city  and  county, 
city,  or  town  officials. 

Aliens  not  to  be  appointed  deputies  or  clerks. 

Section  1.  No  person  sball  be  employed  as  a 
deputy  or  clerk  in  any  public  office  of  the  State,  or 
of  any  county  or  municipality  therein,  who  is  not 
a  citizen  of  the  United  States. 

Sec.  2.    This  Act  shall  take  effect  immediately. 
[Approved  April  3,  1880;  1S80,  23  (Ban.  ed  116).] 


Aliens— Alpine  Couuty.  15 


An  Act  to  prohibit  the  issuance  of  licenses  to 
aliens  not  eligible  to  become  electors  of  the 
State  of  California. 

Licenses  prohibited  to  aliens  not  eligible  to  be- 
come electors. 

Section  1.  No  license  to  transact  any  business 
or  occupation  shall  be  granted  or  issued  by  the 
State,  or  any  county,  or  city,  or  city  and  county, 
or  town,  or  any  municipality  corporation,  to  any 
alien  not  eligible  to  become  an  elector  of  this 
State. 

Misdemeanor. 

Sec.  2.  A  violation  of  the  provisions  of  section 
one  of  this  Act  shall  be  deemed  a  misdemeanor, 
and  be  punished  accordingly.  [Approved  April 
12,  1880;  1880,  39  (Ban.  ed.  192).] 

This  Act  was  declared  unconstitutional  in  Peo- 
ple V.  Quong  On  Long,  6  Pac.  Coast  Law  Journal, 
IIG. 


An  Act  to  provide  for  indexing  the  names  of  per- 
sons who  have  declared  their  intention  to  be- 
come or  who  have  become  citizens  of  the 
United  States,  in  the  several  courts  of  record 
in  this  State. 

[Approved   February   8,    1872;      Statutes     1871-2, 
I).  80.] 

This  act  imposed  the  duty  prescribed  upon  courts, 
of  record  and  allowed  a  fee  for  the  service. 


TITLE  8. 

ALPINE    COUNTY. 

For  a  reference  to  special  and  local  acts  relat- 
ing to  Alpine  county,  see  Deering's  Penal  Code, 
p.  421. 


16  Amador  County— Animals. 

TITLE  9. 

AMADOR     COUNTY. 

For  a  reference  to  special  and  local  acts  relat- 
ing to  Amador  county,  see  Deering's  Annotated 
Penal  Code,  p.  424.,  et  seq. 


TITLE  10. 

ANIMALS. 

See  Cruelty  to  Animals,  post.    Estrays,  post. 

An  act  to  protect  domestic  live  stocli  from  con- 
tagious and  infectious  diseases,  to  provide  for 
the  appointment  and  duties  of  otticials  to  carry 
into  effect  the  provisions  of  this  act,  and  to 
provide  an  appropriation  therefor.  Stats.  1899. 
ch.  96.     Created  otiice  of  state  veterinarian. 

An  act  to  encourage  the  destruction  of  wild  ani- 
mals in  the  different  counties  of  the  state,  and 
authorizing  the  board  of  supervisors  of  each 
of  said  counties  to  fix  and  determine  the 
bounty  for  the  destruction  of  the  same. 
[Approved  ^larch  15,  1883;  1883,  368.] 
Destruction  bounty. 

Section  1.  It  shall  be  lawful  for  the  board  of 
supervisors  of  each  county  in  the  state,  in  its 
discretion,  to  fix  and  determine  the  bounty,  and 
^  such  bounties  shall  be  paid  out  of  the  general 
'county  fund,  to  be  paid  for  the  destruction  of  each 
coyote,  wild-cat,  fox,  lynx,  bear,  or  lion,  and  to 
prescribe  rules  for  making  proof  of  such  destruc- 
tion, and  obtaining  such  bounty. 

Sec.  2.    This  act  shall  take  effect     and     be  in 
force  from  and  after  its  passage. 

An  act  to  regulate  the  disposition  of  the  hides  of 
cattle  killed  or  slaughtered  in  the  state  of  Cali- 
fornia. 
[Approved  March  28,  1893;  Stats.  1893,  p.  235.] 
Section  1.    Any  person  or  persons  who  shall  at 
any  time  kill  or  slaughter,  or  who  shall  cause  to 


Apiaries— Appeals.  17 

be  killed  or  slaughtered,  any  cattle,  either  for  his 
or  their  own  use  and  consumption,  or  for  sale, 
shall  retain,  or  cause  to  be  retained,  in  their  pos- 
session, the  hides  taken  off  said  animals,  with  the 
ear-marks  attached  thereto,  without  any  altera- 
tion or  disfiguration  of  the  brands  or  marks  on 
said  hide  or   ears,  for  the  period  of  ten  days. 

Sec.  2.  Any  justice  of  the  peace,  constable, 
owner  of  cattle,  or  any  other  person,  may,  within 
the  period  of  time  mentioned  in  the  first  section  of 
this  act,  demand  an  exhibit  of  the  hide  or  hides 
of  any  cattle  so  killed  or  slaughtered  (as  herein 
provided)  by  the  person  so  killing  or  slaughter- 
ing the  same,  or  by  any  other  person  for  whose 
use  or  benefit  said  animal  was  killed;  and  upon 
such  demand  being  made,  he  or  they  shall  produce 
the  same  for  the  inspection  of  said  justice  of  the 
peace,  constable,  owner  of  cattle,  or  any  other 
person. 

Sec.  3.  Any  person  or  persons  who  shall  vio- 
late any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  less 
than  twenty  dollars  nor  more  than  one  hunured 
dollars,  or  be  imprisoned  in  the  county  jail  for 
any  term  not  less  than  ten  days  nor  more  than 
ninety  days,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  4.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

P'or  other  acts  relating  to,  see  Civil  Code,  appen- 
dix, title  Animals,  p.  705,  et  seq.;  Penal  Code,  ap- 
pendix, title  Animals,  p.  506,  et  seq. 


APIARIES. 
See  Bee-Culture. 


TITLE  11. 

APPEALS. 

Acts  relating  to,  see  Code  of  Civil  Procedure,  ap- 
pendix, title  Appeals,  p.  787. 


18  Appreutices— Arbitration. 

TITLE  12. 

APPRENTICES. 

Acts  relating  to,   see  Civil  Code,  appendix,  title 
Apprentices,  p.  708,  et.  seq. 


TITLE  13. 

ARBITRATION. 

An  act  to  provide  for  a  state  board  of  arbitration 
for  tlie  settlement  of  differences  between  em- 
ployers and  employees,  to  define  the  duties  of 
said  board,  and  to  appropriate  tlie  sum  of 
twenty-five  hundred  dollars  therefor. 

[Approved  March  10,  1891;  Stats.  1891,  p.  49.] 

Section  1.  On  or  before  the  first  day  of  May  of 
each  year,  the  governor  of  the  state  shall  appoint 
three  competent  persons  to  serve  as  a  state  board 
of  arbitration  and  conciliation.  One  shall  repre- 
sent the  employers  of  labor,  one  shan  represent 
labor  employees,  and  the  third  member  shall  rep- 
resent neither,  and  shall  be  chairman  of  the  board. 
They  shall  hold  ofiice  for  one  year  and  until  their 
successors  are  appointed  and  qualified.  If  a  va- 
cancy occurs,  as  soon  as  possible  thereafter  the 
governor  shall  appoint  some  one  to  serve  the  un- 
expired term;  provided,  however,  that  when  the 
parties  to  any  controversy  or  difference,  as  pro- 
vided in  section  two  of  this  act,  do  not  desire  to 
submit  their  controversy  to  the  state  board,  they 
may  by  agreement  each  choose  one  person,  and 
the  two  shall  choose  a  third,  who  shall  be  chair- 
man and  umpire,  and  the  three  shall  constitute 
a  board  of  arbitration  and  conciliation  for  the 
special  controversy  submitted  to  it,  and  shall  for 
that  purpose  have  the  same  powers  as  the  state 
board.  The  members  of  the  said  board  or  boards, 
before  entering  upon  the  duties  of  their  oflEice, 
shall  be  sworn  to  faithfully  discharge  the  duties 
thereof.    They  shall  adopt  such  rules  of  procedure 


Arbitration.  19 

as  they  may  deem  best  to  carry  out  the  provisions 
of  this  act. 

See.  2.  Whenever  any  controversy  or  difference 
exists  between  an  employer,  whether  an  individ- 
ual, copartnership,  or  corporation,  which,  if  not 
arbitrated,  would  involve  a  strike  or  locliout,  and 
his  employees,  the  board  shall,  upon  application, 
as  hereinafter  provided,  and  as  soon  as  practicable 
thereafter,  visit,  if  necessary,  the  locality  of  the 
dispute  and  make  careful  inquiry  into  the  cause 
thereof,  hear  all  persons  interested  therein  who 
may  come  before  them,  advise  the  respective  par- 
ties what,  if  anything,  ought  to  be  done  or  sub- 
mitted to  by  either,  or  both,  to  adjust  said  dis- 
pute and  make  a  written  decision  thereof.  This 
decision  shall  at  once  be  made  public,  and  shall 
be  recorded  upon  proper  books  of  record  to  be 
kept  by  the  board. 

Sec.  3.  Said  application  shall  be  signed  by  said 
employer,  or  by  a  majority  of  his  employees  in 
the  department  of  the  business  in  which  the  con- 
troversy or  difference  exists,  or  their  duly  au- 
thorized agent,  or  by  both  parties,  and  shall  con- 
tain a  concise  statement  of  the  grievances  com- 
plained of,  and  a  promise  to  continue  on  in  busi- 
ness or  at  work,  without  any  lockout  or  strike, 
until  the  decision  of  said  board,  which  must,  if 
possible,  be  made  within  three  weeks  of  the  date 
of  filing  the  application.  Immediately  upon  re- 
ceipt of  said  application,  the  chairman  of  said 
board  shall  cause  public  notice  to  be  given  of  the 
time  and  place  for  hearing.  Should  the  petition- 
ers fail  to  keep  the  promise  made  therein,  the 
board  shall  proceed  no  further  mereupon  without 
the  written  consent  of  the  adverse  party.  And 
the  party  violating  the  contract  shall  pay  the 
extra  cost  of  the  board  entailed  thereby.  The 
board  may  then  reopen  the  case  and  proceed  to 
the  final  arbitration  thereof  as  provided  in  section 
two  hereof. 

See.  4.  The  decision  rendered  by  the  board 
shall  be  binding  upon  the  parties  who  join  in  the 
application  for  six  months,  or  until  eitner  party 
has  given  the  other  a  written  notice  of  his  inten- 
tion not  to  be  further  bound  by  the  conditions 
thereof  after  the  expiration  of  sixty  days  or  any 
time  agreed  upon  by  the  parties,  which  agreement 


20  Artesian  Wells. 

shall  be  entered  as  a  part  of  the  decision.  Said 
notice  may  be  given  to  the  employees  by  posting 
a  notice  thereof  in  three  conspicuous  places  in  the 
shop  or  factory  where  they  worl^;. 

Sec.  5.  Both  employers  and  employees  shall 
have  the  right  at  any  time  to  submit  to  the  board 
complaints  or  grievances  and  ask  for  an  investi- 
gation thereof.  The  board  shall  decide  whether 
the  complaint  is  entitled  to  to  a  public  investi- 
gation; and  if  they  decide  in  the  attirmative,  they 
shall  proceed  to  hear  testimony,  after  giving  no- 
tice to  all  parties  concerned,  and  publish  the  re- 
sult of  their  investigations  as  soon  as  possible 
thereafter. 

Sec.  6.  The  arbitrators  hereby  created  shall  be 
paid  five  dollars  per  day  for  each  day  of  actual 
service,  and  also  their  necessary  traveling  and 
other  expenses  incident  to  the  duties  of  their  office 
shall  be  paid  out  of  the  state  treasury;  but  the 
expenses  and  salaries  hereby  authorized  shall  not 
exceed  the  sum  of  twenty-five  hundred  dollars  for 
the  two  years. 

Sec.  7.  The  sum  of  twenty-five  hundred  dollars 
is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  for  the 
expenses  of  the  board  for  the  first  two  years  af- 
ter its  organization. 

Sec.  8.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


TITLE  14. 

ARTESIAN     WELLS. 

An  act  to  regulate  the  use  of  artesian  wells  and  to 
prevent  the  waste  of  subterranean  waters  in 
this  state. 

[Approved  March  9,  1878;  1877-8,  195.] 

What  artesian  wells  declared  nuisances— Misde- 
meanor. 
Section  1.  Any  artesian  well  which  is  not 
capped,  or  furnished  with  such  mechanical  appli- 
ance as  will  readily  and  effectively  arrest  and  pre- 
vent the  flow  of  water  from  such  well,  is  hereby 


Artesian  Wells.  21 

declared  to  be  a  public  nuisance.  The  owner, 
tenant,  or  occupant  of  the  land  upon  which  such 
well  is  situated,  who  causes,  permits,  or  suffers 
such  public  nuisance,  or  suffers  or  permits  it  to 
remain  or  continue,  is  guilty  ot  a  misdemeanor. 
Same. 

Sec.  2.  Any  person  owning,  possessing,  or  occu- 
pying any  land  upon  which  is  situated  an  artesian 
well,  who  causes,  suffers,  or  permits  the  water  to 
unnecessarily  flow  from  such  well,  or  to  go  to 
waste,  is  guilty  of  a  misdemeanor. 
Artesian  well  defined. 

Sec.  3.  An  artesian  well  is  defined,  for  the  pur- 
poses of  this  act,  to  be  any  artificial  well,  the 
waters  of  which  will  flow  continuously  over  the 
natural  surface  of  the  ground  adjacent  to  such 
well  at  any  season  of  the  year. 
Waste  defined. 

Sec.  4.  Waste  is  defined,  for  the  purpose  of  this 
act  to  be  the  causing,  suffering,  or  permitting  the 
waters  flowing  from  such  well  to  run  into  any 
river,  creelv,  or  other  natural  watercourse  or  chan- 
nel, or  into  any  bay,  lalie,  or  pond,  or  into  any 
street,  road,  highway,  or  upon  the  land  of  any  per- 
son other  than  that  of  the  owner  of  such  well,  or 
upon  public  lands  of  the  United  States  or  of  the 
state  of  California,  unless  it  be  used  thereon  for 
the  purposes  and  in  the  manner  that  it  may  be 
lawfully  used  upon  the  land  of  the  owner  of  such 
well;  provided,  that  this  section  shall  not  be  so 
construed  as  to  prevent  the  use  of  such  waters  for 
the  proper  irrigation  of  trees  standing  along  or 
upon  any  street,  road,  or  highway,  or  for  orna- 
mental ponds  or  fountains,  or  the  propagation  of 
fish. 
Proceedings  for  misdemeanor. 

Sec.  5.  Any  person  violating  any  of  the  provis- 
ions of  this  act  may  be  proceeded  against  for  a 
misdemeanor  in  any  justice's  court  of  the  coumty 
in  which  such  well  is  located,  and  shall,  upon  con- 
viction, be  fined  for  each  offense  not  less  than  ten 
or  more  than  fifty  dollars.  There  shall  also,  upon 
conviction  had,  in  addition  to  such  fine,  be  taxed 
against  such  party  the  cost  of  presecution.  Such 
fine  and  costs  may  be  collected  as  in  other  crimi- 
nal cases,  and  the  justice  may  also  issue  an  exe- 


22  Attorney-General— Auditors. 

cution  upon  the  judgment  therein  rendered,  ana 
the  same  may  be  enforced  and  collecteu    as     in 
civil  cases. 
Duty  of  supervisors. 

Sec.  t3.  It  shall  be  the  duty  of  the  supervisors 
or  road-masters,  on  complaint  of  any  citizen 
within  their  respective  districts,  and  for  that  pur- 
pose may  at  all  proper  times  enter  upon  the  prem- 
ises where  such  well  is  situated;  and  it  shall  be 
his  duty  to  institute,  or  cause  to  be  instituted, 
criminal  action  for  all  violations  of  the  provisions 
of  this  act,  or  for  all  public  offenses  uefined  in 
this  act  committed  within  such  district. 
Repeal. 

Sec.  7.  An  act  entitled  "An  act  to  regulate  the 
use  of  artesian  wells  and  to  prevent  the  waste  of 
subterranean  waters  in  Santa  Clara  and  Los  An- 
geles counties,"  approved  March  eighteenth, 
eighteen  hundred  and  seventy-six,  and  all  other 
acts  and  parts  of  acts  in  conflict  with  the  provis- 
ions of  this  act,  are  hereby  repealed. 

Sec.  [8.]  This  act  shall  not  apply  to  artesian 
wells  in  the  county  of  San  Bernardino. 

Sec.  9.  This  act  shall  taiie  effect  and  be  in 
force  on  and  after  the  first  day  of  July,  A.  D. 
eighteen  hundred  and  seventy-eight. 


TITLE  15. 

ATTORNEY     GENERAL. 

Acts  relating  to,  see  Political  Code,  Appendix,  title 
Attorney  General,  p.  957. 


TITLE  16. 

AUDITORS. 

Act    relating  to,    see    Political    Cocie,    Appendix, 
title,  Auditors,  p.  957. 


Banks  and  Banking.  23 


TITLE  17. 

BANKS    AND     BANKING. 

An  act  creating  a  board  of  bank  commissioners, 
and  prescribing  their  duties  and  powers. 

[Approved  March  30,  1878;  1877-8,  740.] 

Commissioners  appointed— Who  qualified. 

Section  1.  On  or  before  the  fifteenth  day  of 
May,  A.  D.  eighteen  hundred  and  seventy-eight, 
the  governor  shall  appoint  three  competent  per- 
sons, one  of  whom  shall  be  an  expert  of  accounts 
to  be  styled  bank  commissioners,  who  shall  hold 
office  for  a  period  of  four  years,  and  until  their 
successors  are  appointed  and  qualifieu.  and  no 
two  commissioners  to  be  appointed  under  this  act 
shall  be  residents  of  the  same  county.  The  per- 
sons who  are  so  appointed  shall  have  no  oflBcial 
connection  with  nor  be  in  the  employ  of  any  sav- 
ing bank,  or  bank,  or  banking  company,  or  bank- 
ing society,  nor  shall  they,  during  their  term  of 
office,  own  or  be  interested  in  the  stock  or  other 
property  thereof.  Said  commissioners  shall  have 
their  office  in  the  city  of  San  Francisco. 
Oflacial  bonds. 

Sec.  2.  The  bank  commissioners,  before  enter- 
ing upon  the  duties  of  their  office,  must  each  exe- 
cute an  official  bond  in  the  sum  of  twenty  thou- 
sand dollars,  and  take  the  oath  of  office,  all  as  pre- 
scribed by  the  Political  Code  for  state  officers  in 
general. 
License  to  transact  business  of  a  savings  bank. 

Sec.  3.  The  duties  of  the  Bank  Commissioners 
shall  be  to  prepare  and  furnish  to  every  savings 
bank,  bank,  and  banking  company,  or  any  other 
corporation  incorporated  under  the  laws  of  this 
State,  or  of  any  other  State  or  Territory,  or  for- 
eign country,  doing  a  banking  business  in  this 
State,  applying  therefor,  a  license,  In  the  form  to 
be  prescribed  by  them,  authorizing  such  corpora- 
tion to  use  the  name  and  to  transact  the  business 
of  a  savings  bank,  bank,  or  banking  company,  un- 
til the  first  day  of  July  next  thereafter;  to  receive 
and  place  on  file  in  their  office  the  reports  requir- 


24  Banks  and  Banking. 

ed  to  be  made  by  savings  banks,  banks,  or  bank- 
ing corporations,  by  tliis  Act;  to  prepare  and  fur- 
nisli,  on  demand,  to  all  persons,  firms,  partner- 
ships, corporations,  or  oflicers  required  to  make 
and  return  statements  or  reports  to  said  Bank 
Commissioners  by  tlie  provisions  of  tliis  Act,  blank 
forms  for  such  statements  or  reports  as  may  by 
law  be  required  of  them;  to  make,  on  or  before  the 
first  day  of  October  in  each  year,  a  report  to  the 
Governor  of  this  State,  containing  a  tabular  state- 
ment and  synopsis  of  the  several  reports  which 
have  been  filed  in  their  ofBce  since  their  last  re- 
port, and  any  other  proceedings  had  or  done  by 
tliem  under  this  Act.  sliowing  generally  the  con- 
dition of  the  respective  savings,  commercial,  and 
other  banking  corporations  or  institutions  of  this 
State,  and  such  other  matters  as  in  their  opinion 
may  be  of  interest  to  the  public,  with  a  detailed 
statement,  verified  by  their  oaths,  of  all  moneys 
and  fees  of  office  received  by  them  during  the 
same  period.  [Amendment  approved  March  26, 
1895;  Stats.  1895,  chap,  clxvii.] 
Visit  and  examine  banks. 

Sec.  4.  It  shall  be  the  duty  of  one  or  more  of 
the  Bank  Commissioners,  as  designated  by  the 
Commissioners,  once  in  each  year,  and  as  often  as 
in  their  judgment  may  be  deemed  necessary,  with- 
out previous  notice,  to  visit  and  make,  personally, 
a  full  examination  of  each  and  every  corporation 
mentioned  in  section  three  of  this  Act:  to  inspect 
all  books,  papers,  notes,  bonds,  or  evidences  of 
debt  of  such  corporation,  and  all  securities;  to  as- 
certain the  condition  of  every  such  corporation, 
its  solvency,  its  ability  to  fulfill  its  obligations, 
and,  if  in  their  opinion  it  is  deemed  necessary,  re- 
port its  condition  to  the  Attorney-General  as  soon 
as  practicable  after  such  examination.  [Amend- 
ment approved  March  26,  1895;  Stats.  1895,  chap, 
clxvii. 1 
Power  to  examine  oflicers. 

Sec.  5.  Such  Commissioners  must  examine,  un- 
der oath,  any  of  the  oflicers,  agents,  and  servants 
of  any  such  corporation,  in  relation  to  the  affairs 
and  condition  of  such  corporation,  and  may  ad- 
minister such  oath  personally;  and  whoever  shall 
neglect  or  refuse,  after  demand  and  notice  thereof. 


Banks  and  Banking.  25 

and  without  justifiable  cause,  to  appear,  or  testify 
under  oatli,  before  the  said  Commissioners  in  the 
discharge  of  their  duties,  shall  be  deemed  guilty 
of  misdemeanor,  and  on  conviction  thereof  be 
punished  by  a  fine  not  exceeding  five  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding one  year,  or  by  both  such  fine  and  im- 
prisonment. [Amendment  approved  March  26, 
1895;  Stats.  1895,  chap,  clxvii.] 
Insolvent  corporations— Commissioner  to  report. 

Sec.  6.  If  any  bank  commissioner  shall  have 
knowledge  of  the  insolvency  or  unsafe  condition 
of  any  corporation  mentioned  in  this  act,  and 
shall  neglect  to  report  the  same,  in  writing,  to  the 
attorney-general,  as  required  by  this  act,  he  shall 
on  conviction  thereof,  be  punished  by  a  fine  not 
exceeding  ten  thousand  dollars  nor  less  than  five 
thousand  dollars,  or  by  imprisonment  in  the  coun- 
ty jail  not  less  than  one  year  nor  more  than  two 
years,  or  by  both  such  fine  and  imprisonment,  and 
his  oflice  sliall  be  declared  vacant  by  the  governor, 
and  a  successor  be  appointed  for  the  unexpired 
term. 
Banks  must  procure  license. 

Sec.  7.  No  corporation  shall  use  the  name  or 
transact  the  business  of  a  savings  bank,  or  bank, 
or  banking  corporation,  without  the  license  pro- 
vided for  by  section  three  of  this  Act;  and  any 
corporation  violating  this  provision  shall  forfeit 
the  sum  of  one  hundred  dollars  per  day  during 
the  continuance  of  the  offense;  and  any  person 
who  enters  upon,  engages  in,  or  carries  on,  or  in 
any  manner  attends  to  the  business  or  manage- 
ment of  a  savings  bank,  or  bank,  or  banking  cor- 
poration, doing  business  without  such  license, 
whether  as  manager,  principal,  agent,  otticer,  em- 
ploye, or  otherwise,  shall  forfeit  the  sum  of  one 
hundred  dollars  for  every  day  he  so  enters  upon, 
engages  in,  or  carries  on,  or  attends  to  such  busi- 
ness; and  any  violation  of  this  section  is  also  here- 
by declared  to  be  a  misdemeanor.  [Amendment 
approved  March  26,  1895;  Stats.  1895,  chap,  clxvii.] 
License  received  on  what  condition. 

Sec.  8.    No  savings  bank  shall  receive  the  license 
in  this  act  provided  for,  unless  at  least  fifty  per 
cent  of  all  its  loans  shall  be  secured  by  first  mort- 
Gen.  Laws— 8 


26  Banks  and  Banking. 

gage,  or  other  prior  lien,  upon  real  estate  situate 
within  this  siate;  such  loans,  at  the  date  when 
made,  hereafter,  not  to  exceed  sixty  per  cent  of 
the  marlvet  value  of  the  security,  except  when 
made  for  the  purpose  of  facilitating  the  sale  of 
property  owned  by  the  corporation.  And  it  shall 
be  unlawful  for  any  savings  and  loan  society,  or 
savings  bank,  to  purchase,  invest,  or  loan  its  cap- 
ital, or  the  money  of  its  depositors,  or  any  part  of 
either,  in  mining  shares  or  stocks.  Any  president 
or  managing  officer  wlio  knowingly  consents  to 
a  violation  of  the  above  provision  shall  be  deemed 
guilty  of  a  felony. 
Semi-annual  reports. 

Sec.  9.  Any  corporation  mentioned  in  section 
tliree  of  this  Act,  including  banks  in  liquidation 
or  insolvency,  shall,  whenever  required  by  the 
Board  of  Bank  Commissioners,  make  a  report  in 
writing  to  the  Commissioners,  verified  by  the  oath 
of  its  President  and  its  Secretary  or  Cashier,  or 
its  two  principal  officers.  Said  report  shall  show 
the  actual  financial  condition  of  the  corporation 
making  the  report  at  the  close  of  any  past  day  by 
the  Commissioners  specified,  by  stating: 

First— The  amount  of  its  capital  stock,  and  the 
number  of  shares  into  which  it  is  divided. 

Second — The  names  of  the  Directors,  and  the 
number  of  shares  of  stock  held  by  each. 

Third— The  total  amount  actually  paid,  in 
money,  by  stockholders  for  capital  stock,  and  the 
total  amount  of  reserve  fund,  if  any. 

Fourth— The  total  amount  due  to  depositors. 

Fifth— The  total  amount  and  character  of  any 
other  liabilities  it  may  have. 

Sixth— The  amount  at  which  the  lot  and  build- 
ing occupied  by  the  bank  for  the  transaction  of 
its'  regular  business,  stands  debited  on  its  books, 
together  with  the  market  value  of  all  other  real 
estate  held,  whether  acquired  in  settlement  of 
loans  or  otherwise;  the  amount  at  whicu  it  stands 
debited  on  the  bank  books;  in  what  county  situ- 
nted.  and  in  what  name  the  title  is  vested,  if  not 
in  the  name  of  the  corporation  itself. 

Seventh— The  amount  loaned  on  real  estate,  spe- 
cifying  the  amount  secured  on  real  estate  in  each 
county  separately;  also,  specifying  the  name  of 
the  person  in  whose  name  the  property  is  held 
in  trust  or  as  security,  in  case  it  is  held  in  any 


Banks  and  Banking.  27 

name  other  than  that  of  the  bank,  and  the  instru- 
ment creating  the  security  does  not  of  itself  dis- 
close the  name  of  the  bank. 

Eighth— The  amount  invested  in  bonds,  designat- 
ing each  particular  class,  and  the  amount  thereof. 

Ninth— The  amount  loaned  on  stocks  and  bonds, 
designating  each  particular  class,  and  the  amount 
thereof. 

Tenth— The  amount  of  money  loaned  on  other 
securities  with  a  particular  designation  of  each 
class,  and  the  amount  loaned  on  each. 

Eleventh— The  actual  amount  of  money  on  hand 
or  deposited  in  any  otner  bank  or  place,  with  the 
name  of  the  place  where  deposited,  and  the 
amount  in  each  place. 

Twelfth— Any  other  property  held  or  any 
amount  of  money  loaned,  deposited,  invested,  or 
placed,  not  otherwise  herein  enumerated,  with 
the  place  where  situate,  and  the  value  of  such 
property,  and  the  amounts  so  loaned,  deposited, 
or  placed. 

The  oaths  of  the  officers  to  the  statements  above 
required  shall  state  that  they,  and  each  of  them, 
have  a  personal  knowledge  of  the  matters  therein 
contained,  and  that  they  believe  every  allegation, 
statement,  matter,  and  ining  therein  contained  is 
true;  and  any  willfully  false  statement  in  the 
premises  shall  be  perjury,  and  shall  be  punished 
as  such.  The  reports  as  provided  for  by  this  sec- 
tion shall  by  the  Commissioners  be  required  from 
each  and  every  corporation  herein  mentioned  at 
least  three  times  in  each  year,  and  shall  be  trans- 
mitted to  the  Commissioners  within  fifteen  days 
after  the  receipt  from  them  of  a  request  or  req- 
uisition therefor.  [Amendment  approved  March 
26,  1895;  Stats.  1895,  chap,  clxvii.] 
Penalty. 

Sec.  10.  Any  corporation  mentioned  in  section 
three  of  this  act,  failing  to  furnish  to  the  Bank 
Commissioners  any  report  by  them  required  under 
the  provisions  of  this  act,  within  the  time  herein 
specified,  shall  forfeit  the  sum  of  one  hundred  dol- 
lars per  day  during  the  time  of  such  default. 
[Amendment  approved  March  26,  1895;  Stats. 
1895,  chap,  clxvii.] 
Discontinuance  of  illegal  practice. 
Sec.  11.    If  the  Bank  Commissioners,  on  exam- 


28  Banks  and  Banking. 

ination  of  the  affairs  of  any  corporation  mention- 
ed in  section  tliree  of  tliis  act,  sliall  find  that  any 
such  corporation  has  been  guilty  of  violating  its 
charter,  the  laws  of  this  State,  or  any  of  the  pro- 
visions of  this  act,  or  is  conducting  business  in  an 
unsafe  manner,  they  shall,  by  an  order  addressed 
to'  the  corporation  so  offending,  direct  discontin- 
uance of  such  illegal  and  unsafe  practices,  and  a 
conformity  with  the  requirements  ot  the  law  and 
its  charter,  and  of  the  provisions  of  this  act.  And 
if  such  corporation  shall  refuse  or  neglect  to  con- 
form with  such  requirements  before  the  expira- 
tion of  the  time  in  the  order  specified,  or  if  it  shall 
appear  to  said  Commissioners  and  Lhey  shall  unan- 
imously decide  that  it  is  unsafe  for  any  such  cor- 
poration to  continue  to  transact  business,  it  shall 
be  the  duty  of  the  Commissioners  immediately  to 
take  such  control  of  such  corporation,  and  all  the 
property  and  effects  thereof,  as  may  be  necessary 
to  prevent  waste  or  diversion  of  assets,  and  to 
hold  possession  of  the  same  until  the  order  of 
Court  hereinafter  mentioned,  and  to  immediately 
notify  the  Attorney-General  of  their  action;  and 
it  is  hereby  made  the  duty  of  the  Attorney-Gen- 
eral, upon  receiving  such  notification,  to  imme- 
diately commence  suit  in  the  proper  court  against 
such  corporation,  and  all  the  Directors  or  Trustees 
thereof,  to  enjoin  and  prohibit  them  from  the  tran- 
saction of  any  further  business.  If,  upon  the 
hearing  of  the  case,  the  Court  shall  find  that  it  is 
unsafe"  for  such  corporation  to  continue  business, 
and  that  such  corporation  or  institution  is  insol- 
vent, said  Court  shall  issue  the  injunction  applied 
for  and  shall  cause  the  same  to  be  served  accord- 
ing to  law,  and  shall  order  the  Commissioners  to 
surrender  to  the  corporation  the  property  thereof 
in  their  possession  for  the  purpose  of  liquidation; 
or,  if  the  Court  shall  find  that  such  corporation  is 
solvent,  and  may  safely  continue  business,  it  shall 
dismiss  the  action  and  order  that  the  corporation 
be  restored  to  the  possession  of  its  property.  The 
issuance  of  the  injunction  liereinabove  provided 
for  shall,  by  operation  of  law,  dissolve  any  and  all 
attachments  levied  upon  any  property  of  such  cor- 
poration within  one  month  next  preceding  the  date 
of  the  notification  by  the  Commissioners  to  the 
Attorney-General  as  provided  for  in  this  section, 


Banks  and  Banking.  29 

and  no  attachment  or  execution  shall,  after  the 
issuance  of  such  injunction  and  during  the  process 
of  liquidation  hereinafter  provided  for,  be  levied 
upon  any  property  of  said  corporation,  nor  shall 
any  lien  be  created  thereon.  And  if  it  shall  appear 
to  the  court  at  such  hearing,  or  at  any  time  during 
the  liquidation  hereinafter  provided  for,  on  the 
petition  of  one  or  more  of  the  Bank  Commission- 
ers, or  any  other  interested  party,  that  any  of  the 
Directors  or  Trustees,  or  othcers  of  said  corpora- 
tion have  lieen  guilty  of  fraud,  malversation,  or 
crijninal  carelessness  or  negligence,  and  that  any 
of  them  are  not  the  proper  persons  to  be  intrusted 
with  the  closing  of  the  affairs  and  business  of 
such  corporation  in  the  interest  of  the  de- 
positors, creditors,  and  stockholders  thereof,  the 
said  Court  shall  cause  to  be  issued  in  said 
action  and  served  upon  said  Directors  or  Trustees, 
or  officers,  or  any  of  them,  an  order  to  show  cause 
why  they,  or  any  of  them,  should  not  be  removed 
from  office,  which  order  shall  briefly  recite  the 
grounds  of  the  application,  and  shall  be  return- 
able at  a  time  to  be  fixed  by  the  Court;  and  if  on 
the  hearing  the  Court  shall  find  that  such  Direct- 
ors or  Trustees,  or  officers,  or  any  of  them,  ought 
to  be  removed  from  office,  it  shall  enter  its  order 
of  removal  accordingly,  whicli  order  shall  be  final 
in  the  premises;  and  if  the  Board  of  Directors  or 
Trustees  of  the  corporation  shall  neglect,  for  the 
period  of  ten  days  after  such  removal,  to  elect  or 
appoint  a  successor  or  successors  to  the  person 
or  persons  so  removed,  then  the  Court,  by  an  or- 
der entered  in  said  cause,  shan  appoint  such  suc- 
cessor or  successors;  and  the  Court  shall  also  have 
power  in  like  manner  to  fill  all  vacancies  oc- 
curring in  tlie  Board,  and  to  appoint  Directors  or 
Trustees  in  their  stead,  whenever  from  any  cause 
there  are  no  directors  or  trustees,  or  not  a  suffi- 
cient number  thereof  to  constitute  a  quorum  for 
the  transaction  of  business;  or  -when  from  any 
cause  there  are  no  Directors  or  Trustees,  the 
Court  may  order  an  election  by  the  stockholders 
to  be  held  according  to  law.  Subject  to  this  right 
of  removal  and  appointment,  the  Directors"  or 
Trustees  of  all  banking  corporations  in  liquidation 
shall  be  permitted  to  continue  the  management  of 
the  affairs  of  such  corporations  during  the  pro- 


30  Banks  and  Banking. 

cess  of  liquidation,  under  the  direction  of  tlie 
Bank  Commissioners,  as  hereinafter  provided. 
The  affairs  of  every  corporation  mentioned  in  this 
act,  Avhich  is  hereafter  forced  into  liquidation  un- 
der the  provisions  of  this  act,  or  otherwise  goes 
into  liquidation,  shall  be  closed,  and  the  business 
thereof  settled  within  four  years  from  the  time 
■it  shall  enter  into  liquidation,  unless  at  the  ex- 
piration of  such  time  it  shall  obtain  the  consent, 
in  writing,  from  a  majority  of  the  Board  of  Bank 
Commissioners,  to  continue  in  liquidation  for  a 
longer  period.  The  Bank  Commissioners  shall, 
however,  have  no  power  to  grant  a  continuance 
for  such  purpose  for  a  longer  period  than  one 
year  at  each  time,  and  the  affairs  of  any  corpora- 
tion in  process  of  liquidation  at  the  time  of  the 
adoption  of  this  section,  as  amended,  shall  be 
closed  within  a  time  to  be  designated  by  such 
Bank  Commissioners.  Any  corporation  mentioned 
herein  now  in  liquidation,  or  that  hereafter  goes 
into  liquidation,  shall  make  reports  of  the  condi- 
tion of  its  affairs  to  the  Bank  Commissioners  in 
the  same  manner  as  the  solvent  banks  mentioned 
in  this  act,  and  in  addition  thereto,  shall  state  the 
amount  of  dividends  paid,  debts  collected,  and  the 
amounts  realized  on  property  sold,  if  any,  since 
the  previous  report.  The  Bank  Commissioners 
shall  have  the  power,  and  it  is  hereby  made  their 
duty,  to  examine  the  condition  of  every  such  cor- 
poration in  liquidation,  in  the  same  manner  as 
in  the  case  of  solvent  uanks;  and  they  shall  have 
a  general  supervision  of  any  such  corporation. 
They  shall  have  the  power  to  limit  the  number  of 
employes  necessary  to  close  up  the  business  of 
any  such  corporation,  and  to  also  limit  the  sala- 
ries of  the  same,  and  shall  do  all  in  their  power  to 
make  such  liquidation  economical  and  as  expedi- 
tious as  the  interests  of  the  depositors  and  stock- 
holders will  admit.  If  any  officer  or  employe  of 
any  corporation,  insolvent  or  in  liquidation,  men- 
tioned in  this  act,  shall  refuse  to  comply  with  the 
provisions  of  this  section,  or  disregard  or  refuse 
to  obey  the  directions  of  said  Bank  Commissioners 
given  in  accordance  with  the  provisions  of  this 
act,  such  officer  or  employe  shall  be  punished  by  a 
fine  of  not  exceeding  five  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  exceed- 


Banks  and  Banking.  31 

ing  one  year,  or  by  both  siicli  fine  and  imprison- 
ment, as  a  Court  of  competent  jurisdiction  may 
determine.      [Amendment     approved     March    26, 
1895;  Stats.  1895,  chap,  clxvii.] 
Salaries  and  traveling  expenses  of  Commissioners. 

Sec,  12.  The  Bank  Commissioners  shall  each  re- 
ceive a  salary  of  three  thousand  six  hundred  dol- 
lars per  annum,  and  necessary  traveling  expenses, 
not  to  exceed,  for  the  three  Commissioners,  the 
sum  of  three  thousand  dollars  per  annum,  to  be 
audited  by  the  State  Controller  and  paid  by  the 
State  Treasurer,  in  the  same  manner  as  the  sala- 
ries and  expenses  of  other  state  officers.  No  per- 
son while  holding  any  other  office,  or  engaged  in 
business  of  any  kind  requiring  his  personal  atten- 
tion between  the  hours  of  nine  A.  M.  and  four 
P.  M.,  shall  serve  as  Bank  Commissioner. 
[Amendment  approved  March  26,  1895;  Stats. 
1895,  chap,  clxvii.] 
Annual  reports,  distribution  of. 

Sec.  13.  The  bank  commissioners  shall  furnish 
each  member  of  the  legislature  with  a  copy  of 
their  annual  report,  at  each  session  of  the  legisla- 
ture, during  the  first  week  of  the  session.  [Amend- 
ment approved  March  10,  1887;  Stats.  1887,  90; 
In  effect  immediately.] 
Secretary  and  salary. 

Sec.  14.  The  Bank  Commissioners  shall  have 
power  to  appoint  a  Secretary,  at  a  salary  of  two 
hundred  dollars  per  month.  The  said  Commis- 
sioners shall  keep  their  oflice  open  for  business 
from  nine  o'clock  A.  M.  until  four  o'clock  P.  M. 
every  day,  except  non-judicial  days.  They  shall 
procure  rooms  necessary  for  their  office,  at  a 
rent  not  to  exceed  seventy-five  dollars  per  month. 
They  may  also  provide  stationery,  fuel,  and  other 
conveniences  necessary  for  the  transaction  of  their 
duties,  not  exceeding  in  the  aggregate  the  sum  of 
five  hundred  dollars  per  annum.  All  expendi- 
tures authorized  in  this  section  shall  be  audited 
and  paid  in  the  same  manner  as  the  salary  of  the 
Commissioners.  [Amendment  approved  March 
26,  1895:  Stats.  1895,  chap,  clxvii.] 

Sec.  15.  All  reports  required  to  be  made  to  the 
Bank  Commissioners  by  the  provisions  of  this  act 
shall  be  filed  and  kept  on  file  by  the  Bank  Com- 


32  Banks  and  Banking. 

missioners,  in  their  office,  and  shall  be  open  to  the 
inspection  of  the  public  during  their  office  hours. 
[Amendment  approved  March  26,  1895;  IStats. 
1895,  chap,  clxvii.] 

Sec.  16.  To  pay  the  salaries  and  all  other  neces- 
sary expenses  of  the  Commissioners,  as  provided 
for  by  this  act,  every  corporation  receiving  a  li- 
cense shall  pay  annually,  in  advance,  to  the  Com- 
missioners, in  gold  coin,  its  share  of  the  amount 
required  to  pay  such  salaries  and  expenses;  the 
share  to  be  paid  by  any  corporation  to  be  deter- 
mined by  the  proportion  which  its  deposits  bear 
to  Tlie  aggregate  deposits  of  all  such  corporations 
receiving  licenses,  as  shown  by  the  latest  reports 
of  such  corporations  to  the  Commissioners.  Said 
Commissioners  shall,  on  demand  made  therefor, 
and  without  charge,  furnish  to  every  corporation, 
society,  association,  company,  institution,  firm, 
person,  or  persons  mentioned  in  this  act,  copies  of 
papers,  statements,  and  reports  filed  in  their  office, 
and  may,  as  provided  by  this  act,  recover  any  and 
all  moneys  payable  to  them  by  any  corporation, 
association,  society,  company,  institution,  firm, 
person,  or  persons,  herein  mentioned;  and  all 
moneys  collected  or  received  by  such  Bank  Com- 
missioners, or  either  of  them,  under  or  by  virtue 
of  the  provisions  herein,  shall  be  by  them  delivered 
to  the  Treasurer  of  this  State,  who  shall  pay  the 
same  into  a  fund  which  is  hereby  created,  and 
which  shall  be  known  as  the  "Bank  Commission- 
ers' rund."  And  the  unexpended  balances  of  all 
moneys  heretofore  paid  into  tne  State  Treasury  by 
said  Bank  Commissioners  shall  be  transferred  to 
said  fund  and  become  a  part  thereof.  [Amend- 
ment approved  March  26,  1895;  Stats.  1895,  chap, 
clxvii.] 
Commissioners  to  keep  books. 

Sec.  17.  The  Bank  Commissioners  shall  keep 
proper  books  of  record  of  all  acts,  matters,  and 
things  done  by  them  under  the  provisions  of  this 
act,  which  shall  be  open  to  the  inspection  of  the 
public  during  their  office  hours. 
Subpoenas  to  be  issued. 

Sec.  18.  The  Bank  Commissioners  may  issue 
subpoenas  for  witnesses  to  attend  and  testify  be- 
fore them,  on  any  examination  by  this  act  au- 


Banks  and  Banking.  33 

thorized,  which  must  be  served,  obeyed,  and  en- 
forced as  provided  in  the  Code  of  Civil  Procedure 
for  civil  cases;  the  Commissioners  to  issue  attach- 
ments, and  impose  the  penalty  for  disobedience, 
and  the  witnesses  may  be  punished  as  provided  in 
the  Penal  Code. 
Commissioners  to  receive  money. 

Sec.  19.  The  Bank  Commissioners  may  sue  for 
and  recover,  in  the  name  of  the  people,  in  any 
court  of  competent  jurisdiction,  all  sums  of  money 
which  become  due,  payable,  or  forfeited  by  any 
of  the  provisions  of  this  act. 
Commissioners  to  deliver  property. 

Sec.  20.  The  Commissioners  shall,  upon  the  ex- 
piration of  their  term  of  office,  deliver  to  their 
successors,  or  if  there  be  none,  then  to  the  con- 
troller of  state,  all  property,  books,  reports,  and 
papers  of  every  description  pertaining  to  their  of- 
fice. 

Sec.  21.  All  acts  are  hereby  repealed  in  so  far 
as  they  are  inconsistent  with  the  provisions  of  this 
act. 

Sec.  22.  This  act  shall  take  effect  and  be  in 
force  from  and  after  tlie  fifteenth  of  May,  A.  D., 
eighteen  hundred  and  seventy-eight. 
True  names  of  persons  engaged  in  banking  busi- 
ness not  incorporated. 
Sec.  23.  Every  person,  or  number  of  persons, 
not  being  incorporated,  engaged  in  the  business  of 
banking,  or  publicly  receiving  money  on  deposit, 
shall  conduct  such  business  under  a  name  which 
shall  sliow  the  true  names  of  all  persons  engaged 
in  said  business,  unless  such  person  or  persons 
have  complied  with  or  shall  forthwith  comply  with 
the  provisions  of  article  seven,  of  chapter  two, 
title  ten,  part  four,  division  third,  of  the  Civil 
Code  of  this  State.  Every  person  engaged  for 
himself,  or  any  person  being  the  cashier,  manager, 
or  agent  of  two  or  more  persons,  not  incorporated, 
engaged  in  the  business  of  banking,  or  publicly 
receiving  money  on  deposit,  must,  three  times  in 
each  year,  or  oftener.  as  may  be  required  by  the 
Board  of  Bank  Commissioners,  make  a  report,  in 
writing,  to  the  Commissioners,  verified  under  oath, 
which  report  shall  show  the  actual  financial  con- 
dition of  the  said  business  on  any  past  day  by  the 


34  Banks  and  Banking. 

Commissioners  specified,  and  shall  also  state  tlie 
facts  re(iiiired  to  be  stated  by  incorporated  banks 
or  banking  corporations  in  section  nine  of  this 
act,  so  far  as  ttie  same  appertain  to  said  business. 
Such  reports  shall  be  transmitted  to  the  Commis- 
sioners within  fifteen  days  after  the  receipt  from 
the  Commissioners  of  a  request  or  requisition 
therefor.  Every  person  violating  any  of  the  pro- 
visions of  this  section  is  guilty  of  a  misdemeanor, 
and  is  punishable  by  imprisonment  in  the  county 
jail  for  not  less  than  ninety  days  nor  more  than 
six  months,  or  by  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars, 
or  by  both  such  fine  and  imprisonment.  [Amend- 
ment approved  March  26,  1895;  Stats.  1895,  chap, 
clxvii.] 

Sec.  24.  No  savings  bank,  or  bank,  or  banking 
corporation,  shall  be  incorporated  in  this  State 
and  conduct  such  banking  business  in  a  city  or 
town  of  five  thousand  inhabitants  or  under  with  a 
capital  stock  of  less  than  twenty-five  thousand 
dollars,  or  in  a  city  or  town  of  over  five  thousand 
and  not  exceeding  ten  thousand  inhabitants  with 
a  capital  stock  of  less  than  firty  thousand  dollars, 
or  in  a  city  or  town  of  over  ten  thousand  and  not 
exceeding  twenty-five  thousand  inhabitants  with 
a  capital  stock  of  less  than  one  hundred  thousand 
dollars,  or  in  a  city  or  town  of  over  twenty-five 
thousand  inhabitants  with  a  capital  stock  of  less 
than  two  hundred  thousand  dollars.  Before  the 
Secretary  of  State  issues  to  any  corporation  that 
proposes  to  do  a  banking  business  his  certificate 
of  the  filing  of  the  articles  of  incorporation,  there 
must  be  filed  in  his  office  the  affidavit  of  the  per- 
sons named  in  said  articles  as  the  first  Directors 
of  the  corporation,  that  all  the  capital  stock  has 
been  actually  and  in  good  faith  subscribed,  and 
at  least  fifty  per  centum  thereof  paid,  in  lawful 
money  of  the  United  States,  to  a  person  in  such 
affidavit  named,  for  the  benefit  of  the  corporation. 
The  remainder  of  the  capital  stock  must  be  paid 
in  within  two  years  after  saia  banking  corpora- 
tion receives  from  the  Commissioners  its  first  li- 
cense to  transact  business,  and  if  not  so  paid,  no 
further  license  shall  be  issued  to  it;  provided,  how- 
ever, that  the  provisions  of  this  section  shall  not 
apply  to  corporations  now  in  existence.    [New  sec- 


Banks  and  Banking.  35 

tioD  approved  March  26,  1895;  Stats,  1895,  chap, 
clxvii.] 

Sec.  25.  The  directors  of  any  savings  bank,  bank, 
or  banking  corporation  having  a  capital  stock,  may 
semi-annually  declare  a  dividend  of  so  much  of 
the  net  profits  of  the  stockholders  as  they  shall 
judge  expedient;  but  every  such  corporation  shall, 
before  the  declaration  of  such  dividend,  carry  at 
least  one-tenth  (1-10)  part  of  the  net  profits  of  the 
stockholders  for  the  preceding  half  year  to  its 
surplus  or  reserve  fund  until  the  same  shall 
amount  to  tv^^enty-five  per  centum  of  its  paid-up 
capital  stock.  But  the  whole,  or  any  part  of  such 
surplus  or  reserve  fund,  if  held  as  the  exclusive 
property  of  stockholders,  may  at  any  time  be  con- 
verted into  paid-up  capital  stock,  in  which  event 
such  surplus  or  reserve  fund  shall  be  restored  in 
manner  as  above  provided  until  it  amounts  to 
twenty-five  per  centum  of  the  aggregate  paid-up 
capital  stock.  A  larger  surplus  or  reserve  fund 
may  be  created,  and  nothing  herein  contained 
shall  be  construed  as  prohibitory  thereof. 
[New  section  approved  March  26,  1895;  Stats. 
1895,  chap,  clxvii.] 

Sec.  26.  The  use  of  the  word  bank,  or  any  other 
word  or  terms  denoting  or  implying  the  conduct 
of  the  business  of  banking,  or  the  use  of  the  word 
savings,  alone  or  in  connection  with  other  words 
denoting  or  implying  the  conduct  of  the  business 
of  a  savings  institution,  or  a  savings  and  loan  so- 
ciety, is  hereby  prohibited  to  all  persons,  firms, 
associations,  companies,  or  corporations  other  than 
those  subject  to  the  supervision  of  the  Bank  Com- 
missioners or  required  by  this  act  to  report  to 
them:  and  no  license  as  in  this  act  provided  shall 
be  issued  by  the  Commissioners  to  any  corporation 
that  does  not  receive  money  from  the  public  as  de- 
posits in  manner  customary  with  commercial  or 
savings  banks.  Any  person,  firm,  association, 
company,  or  corporation  not  subject  to  the  super- 
vision of  the  Banlv  Commissioners  or  not  required 
by  this  act  to  report  to  them,  making  use  of  terms 
implyinsr  conduct  of  a  bank,  savings  bank,  or  sav- 
ings and  loan  society,  by  means  of  signs,  adver- 
tisements, letter  heads,  bill  heads,  blank  notes, 
blank  receipts,  certificates,  circulars,  or  any  writ- 
ten or  printed,  or  partly  written  and  partly  print- 


36  Bee  Culture— Benetit  Societies. 

ed,  paper  whatever,  having  thereon  any  artificial 
or  corporate  name  or  other  word  or  words  indicat- 
inji:  that  such  business  is  the  business  of  a  bank, 
savings  bank,  or  savings  and  loan  society,  shall 
forfeit  for  eacli  day  the  offense  is  continued  the 
sum  of  one  hundred  dollars,  to  be  recovered  as 
provided  in  this  act.  [New  section  approved 
March  26,  1895;  Stats.  1895,  chap,  clxvii.] 

Sec.  27.  No  banker,  nor  officer  of  any  bank  or 
corporation  doing  a  ^lanking  business,  shall  adver- 
tise in  any  mannei^  ;r  publish  any  statement  of 
the  capital  stock  aiitliorized  or  subscribed,  unless 
he  advertise  and  publish  in  connection  therewith 
the  amount  of  capital  actually  paid  up.  Any  ofii- 
cer,  or  the  officers  of  any  bank  or  corporation  do- 
ing a  banking  business,  advertising  in  any  man- 
ner, or  publisiiing  a  statement  of  the  capital  stock 
of  such  banlv  or  banking  corporation,  authorized 
or  subscribed,  without  the  statement  in  connection 
therewith  of  the  stock  actually  paid  up,  shall  be 
guilty  of  a  misdemeanor.  [New  section  approved 
March  26,  1895;  Stats.  1895,  chap,  clxvii.] 

For  other  acts  relating  to  banks  see  Civil  Code, 
Appendix,  title  Banks  and  Banking,  p.  715  et  seq. 


TITLE  18. 

BEE-CULTURE. 

An  Act  to  authorize  the  boards  of  supervisors  of 
the  several  counties  of  this  state  to  appoint  in- 
spectors of  apiaries  and  provide  for  their  com- 
pensation, and  defining  their  duties,  and  for 
the  further  protection  of  bee-culture. 
[Approved  March  13,  1883;  1883,  285.] 
The  nature  of  the  act  appears  from  its  title. 


TITLE  19. 

BENEFIT  SOCIETIES. 

Acts  relating  to,  see  Civil  Code,  Appendix,  title 
Benefit  Societies,  p.  723. 


Blind— Bonds.  37 

BLIND. 
See  Home  of  Adult  Blind;  Medicine. 


TITLE  20. 

BLUE  BOOK. 

Acts  to  provide  for  the  publication  of  the  state 
blue-book  or  roster,  approved  March  23,  1893; 
Stats.  1893,  p.  218;  and  approved  March  31,  1891; 
Stats.  1891,  p.  454. 


TITLE  21. 
BOARD  OP  EXAMINERS. 

Acts  relating  to,  see  Political  Code,  Appendix, 
title  Board  of  "Examiners. 


TITLE  22. 

BOARDS  OF  FREEHOLDERS. 

An  act  in  relation  to  municipal  elections  where  the 
same  are  held  separate  from  general  state 
elections,  and  elections  held  under  the  au- 
thority of  section  eight  of  article  eleven  of  the 
constitution,  to  elect  boards  of  freeholders,  or 
to  vote  upon  proposed  charters  or  upon  amend- 
ments to  existing  charters,  and  to  repeal  an 
act  entitled  an  act  in  relation  to  elections  held 
under  the  authority  of  section  eight  of  article 
eleven  of  the  constitution,  approved  March 
31,  1897.  [Approved  March  4,  1899;  Stats. 
1899,   ch.  LIT.] 


TITLE  23. 
BONDS. 
Acts  relating  to:  See  Civil  Code,  Appendix,  title. 
Bonds,  p.  725;  Code  of  Civil  Procedure,  Appendix, 
title.  Bonds,  p.  788. 
Gen.  Laws — 4 


38  Bonds. 


An  Act  to  provide  for  funding  tlie  indebtedness 
of  counties  in  certain  cases. 

Outstanding  indebtedness  of  counties. 

Section  1.  Whenever  any  county  shall  have 
had,  at  twelve  o'clocli,  meridian,  on  the  first  day 
of  January,  eighteen  hundred  and  eighty,  an  out- 
standing indebtedness,  evidenced  by  bonds  or 
warrants  thereof,  theretofore  legally  issued,  and 
such  indebtedness,  or  any  part  thereof,  shall  have 
been  thereafter  paid  in  accordance  with  the  laws 
in  force  at  the  time  such  bonds  or  warrants  were 
issued,  out  of  the  income  and  revenue  received  by 
such  county  since  that  date,  and  such  county  shall 
have,  since  that  date,  incurred  an  indebtedness, 
evidenced  by  warrants  thereof,  which  indebted- 
ness shall  not  have  exceeded  in  any  year  the  in- 
come  and  revenue  provided  for  such  county  for 
such  year,  and  which  warrants  shal  Inot  have  been 
paid  by  reason  solely  of  such  application  of  the 
current  revenue  of  such  county  to  the  payment  of 
such  former  indebtedness,  the  board  of  supervi- 
sors of  such  county,  by  a  vote  of  two-thirdf?  of  all 
the  members  thereof,  are  empowered,  if  they 
deem  it  for  the  public  interest,  to  fund  such  last- 
mentioned  indebtedness,  and  to  issue  bonds  of 
such  county  therefor  in  the  manner  provided  in 
subdivision  fourteen  of  section  twenty-five  of  an 
Act  entitled  "An  Act  to  establish  a  uniform  sys- 
tem of  county  and  township  governments,"  ap- 
proved March  fourteenth,  eighteen  hundred  and 
eighty-three;  and  all  the  provisions  of  said  subdi- 
vision of  said  section  shall  apply  to  the  issuance, 
disposal  and  payment  of  such  bonds,  and  to  the 
levy  of  taxes  for  the  redemption  of  the  same,  ex- 
cept as  herein  otherwise  provided. 
Indebtedness  that  shall  not  be  funded. 

Sec.  2.  No  indebtedness  of  such  county  shall  be 
funded,  under  the  provisions  of  this  Act,  which  in 
any  year  exceeding  the  income  and  revenue  pro- 
vided for  such  county  for  such  year,  nor  which 
shall  exceed  the  amount  of  current  revenue  which 
shall  have  been  so  applied  to  the  payment  of  in- 
debtedness outstanding  at  twelve  o'clock,  meri- 
dian, on  the  first  day  of  January,  eighteen  hun- 
dred and  eighty. 


Bonds.  39 

Further  recital  in  bonds. 

Sec.  3.  Such  bonds  shall,  in  addition  to  the 
matters  required  to  be  stated  therein  by  the  pro- 
visions of  the  above-mentioned  Act,  contain  a 
statement  that  they  are  issued  under  authority 
of  this  Act,  referring  to  the  same  by  its  title  and 
date  of  passage. 
The  manner  of  exchange  of  bonds  for  warrants. 

Sec.  4.  Such  bonds,  when  issued,  may  be  ex- 
changed by  the  County  Treasurer,  under  the  di- 
rection of  the  board  of  supervisors,  only  for  war- 
rants of  such  county  legally  issued  since  twelve 
o'clock,  meridian,  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  which,  together 
with  warrants  theretofore  issued,  did  not  in  any 
year  exceed  the  income  and  revenue  provided  for 
such  county  for  such  year,  and  which  shall  re- 
main unpaid  solely  because  the  revenue  otherwise 
applicable  to  the  payment  of  the  same  shall  have 
been  so  applied  to  the  payment  of  such  former 
indebtedness.  If  any  portion  of  such  bonds  shall 
be  sold  for  money,  the  proceeds  thereof  shall  be 
applied  exclusively  to  the  payments  of  the  war- 
rants mentioned  in  this  section. 

Sec.  5.    This  Act  shall  take  effect  immediately. 
[Approved  May  8,  1884;  1884,  8.] 


An  Act  providing  for  the  destruction  of  municipal 
bonds  of  municipal  corporations  where  the 
same  have  been  executed  and  remain  unsold. 

Section  1.  Whenever  there  remain  in  the  pos- 
session of  any  municipal  corporations  in  this  State 
any  bonds  voted  to  be  issued  for  municipal  pur- 
poses, which  have  been  executed  but  not  sold  and 
disposed  of,  and  the  sale  and  disposal  of  such 
bonds  shall  be  deemed  by  the  board  of  trustees  or 
other  governing  board  of  such  city  to  have  be- 
come impossible  or  inexpedient,  and  that  their  de- 
struction is  desirable,  it  shall  be  lawful  for  said 
board  to  give  public  notice  of  its  intention  publicly 
to  destroy  such  bonds  by  a  notice  published  for 
four  successive  weeks  in  the  official  newspaper  of 
said  city,  if  there  be  such  a  paper,  and  otherwise, 
in  any  newspaper  published  and  circulated  in  said 
city  which  may  be  designated  by     said     board; 


40  Boundary— Bridges. 

such  notice  shall  specify  the  time  and  place  of 
such  intended  destruction,  and  the  reason  alleged 
therefor,  together  with  a  general  description  of 
the  character  and  amount  of  said  bonds.  And  it 
shall  be  lawful  for  said  board,  at  the  time  and 
place  and  in  accordance  with  tlie  terms  of  said 
notice,  publicly  to  destroy  said  bonds  unless  at 
least  three  days  prior  to  said  time,  written  objec- 
tions to  such  destruction  shall  be  filed  with  the 
clerk  of  said  city,  signed  by  a  majority  of  the  legal 
voters  of  said  city  as  appears  by  the  vote  cast  at 
the  last  preceding   general   municipal   election. 

Sec.  2.  No  further  or  other  issue  of  bonds  in 
place  of  those  thus  destroyed  shall  be  made  by 
such  city,  or  its  board  of  trustees,  or  other  govern- 
ing board,  unless  again  authorized  by  a  vote  of 
the  people  as  provided  by  law. 

Sec.  3.  This  Act  shall  take  effect  and  be  in 
force  from  and  after  its  passage.  [Stat,  approved 
February  26,  1897;  Stats.  1897,   chap,  xxxvii.] 

Special  acts  fixing  the  bonds  of  certain  officers 
are  referrred  to  in  Deering's  Annotated  Political 
Code,  under  section  4122. 


TITLE  24. 
BOUNDARY  OF  STATE. 

An  act  to  provide  for  the  correction  and  establish- 
ment of  a  portion  of  the  eastern  boundary  line 
of  the  state  of  California,  and  to  appropriate 
money  therefor. 
This  act  was  approved  February  26,  1889;  Stats. 

1889,  p.  36. 

TITLE  25. 

BRIDGES. 

An     Act     concerning    bridges     across     navigable 
streams. 

Section  1.    The  board  of     supervisors     of     any 
county  in  this  State  now  controlling  or  maintain- 


Bridges.  41 

ing,  by  virtue  of  any  statute,  any  bridge  across 
any  navigable  stream  wliolly  or  in  part  witliin  tlie 
boundary  lines  of  any  municipal  corporation,  is 
hereby  authorized  and  empowered,  whenever  it 
may  become  necessary,  in  the  interest  of  com- 
merce or  by  reason  of  any  such  bridge  being  out 
of  repair,  to  reconstruct  and  rebuild  any  part  of 
such  bridge,  or  replace  said  bridge  by  a  new 
structure,  or  with  the  consent  of  the  governing 
bodies  of  such  municipalities  change  the  location 
of  such  bridge  to  such  place  on  such  stream  as 
may  be  better  suited  to  its  use,  or  to  the  use  of 
such  navigable  stream;  and  the  board  of  super- 
visors of  any  county  is  hereby  authorized  to  aban- 
don any  such  existing  bridge  and  rebuild  a  new 
bridge  at  such  changed  location,  and  the  board 
of  supervisors  of  any  such  county  so  rebuilding 
and  reconstructing  said  bridge  may  enter  into  an 
agreement  with  any  person  or  corporation,  now 
maintaining  any  bridge  across  any  such  naviga- 
ble stream,  for  the  building  of  a  joint  bridge  for 
the  purpose  of  preventing  the  impeding  of  com- 
merce on  such  navigable  streams,  and  of  appor- 
tioning the  expense  be  tween  said  county  and  said 
person  or  any  corporation,  in  such  manner  as 
may  be  agreed  upon  between  said  county  and  said 
person,  or  corporations. 

Sec.  2.  The  expense  of  said  reconstruction,  or 
the  building  of  a  new  bridge,  to  be  payable  out 
of  the  same  fund  as  is  now  provided  by  law  for 
the  maintenance  and  repair  of  any  such  bridge; 
provided,  that  in  case  said  county  should  make 
such  agreement  with  said  person  or  corporation 
for  the  building  of  any  joint  bridge,  that  only  the 
county's  portion  of  said  joint  bridge,  as  may  be 
settled  by  said  agreement,  shall  be  paid  from  the 
said  funds;  and,  provided,  that  in  no  event  shall 
the  county  pay  more  than  one  half  the  cost  of 
construction,  repair  or  reconstruction  of  any  such 
joint  bridge. 

Sec.  3.  All  Acts  or  parts  of  Acts  in  conflict 
herewith  are  hereby  repealed. 

Sec.  4.  This  Act  shall  take  effect  from  and  af- 
ter its  passage.  [Stat,  approved  February  25, 
1897;  Stats.  1897,  chap,  xxv.] 


42  Bridges. 


All  Act  to  provide  for  bridges  across  navigable 
streams,  and  across  estuaries,  ponds,  swamps, 
or  arms  of  bays  that  may  be  outside  of  the  line 
of  navigable  waters. 

Powder  of  supervisors  to  erect  bridges. 

Section  1.  The  power  to  erect  bridges  on  public 
highways  across  navigable  streams  in  this  state, 
or  to  grant  franchises  to  individuals,  or  corpora- 
tions for  the  same,  is  hereby  granted  to  the  boards 
of  supervisors  of  the  several  counties  of  the  state, 
under  the  restrictions  of  this  act. 
Regulation  of  tolls,  by  whom  exercised. 

Sec.  2.    The  power  to  grant  franchises  to  indi- 
viduals or  corporations  to  construct  bridges,  and 
the  regulation  of  tolls  thereon,  shall  be  exercised 
by  the  county  on  the  left  bank  of  all  streams. 
Supervisors  may  join  between  counties. 

Sec.  3.  Where  a  navigable  stream  is  the  bound- 
ary line  between  the  counties,  the  boards  of  super- 
visors of  such  counties  may  join  in  the  construc- 
tion of  a  bridge,  upon  such  terms  as  may  be  agreed 
upon;  provided,  however,  that  in  case  of  a  fail- 
ure to  agree,  either  county  may  build  the  bridge 
and  maintain  control  thereof. 
Notify  state  engineer. 

Sec,  4.  Whenever  the  supervisors  of  any  county 
or  counties  desire  to  erect  a  bridge  on  any  public 
highway,  or  to  grant  the  privilege  so  to  do  to  any 
individual  or  corporation,  across  a  navigable 
stream,  under  the  provisions  of  this  act,  said 
board  or  boards  shall  notify  the  state  engineer  of 
such  purpose,  and  of  the  precise  point  where  such 
bridge  is  proposed  to  be  located.  The  state  en- 
gineer shall,  within  ten  days  of  the  receipt  of  such 
notice,  designate  the  width  of  the  draw  to  be  made 
in  such  bridge,  and  also  the  length  of  the  spans 
necessary  to  permit  the  free  flow  of  water. 
Hearing  before  state  engineer. 

Sec.  5.  The  communication  from  the  state  engi- 
neer, fixing  the  draw  and  spans,  shall  be  spread 
upon  the  minutes  of  the  board,  and  any  bridge 
constructed  at  that  point  shall  be  in  conformity 
therewith;    provided,  however,  that  the  state  en- 


Bridges.  43 

gineer  may,  upon  hearing  before  tiim,  had  upon 
application  of  any  person  or  body  interested,  made 
within  ten  days  after  the  receipt  by  said  board  of 
supervisors  of  said  communication  of  said  engi- 
neer, change  his  first  plans,  in  which  case  the 
modified  plans  must  be  so  spread  upon  the  min- 
utes, and  shall  stand  in  the  place  of  the  original; 
provided,  however,  that  before  such  hearing  is 
had,  the  said  engineer  must  give  ten  days'  notice 
by  publication  in  some  newspaper  published  in 
the  county  or  counties  from  which  the  application 
came,  of  the  time  and  place  of  the  hearing. 
Surveyor-general,   when   may  act. 

Sec.  6.    In  case  of  the  absence  or  inability  of  the 
state  engineer  to  act,  the  duties  devolving  upon 
him  under  this  act  shall  be  performed  by  the  state 
surveyor-general. 
Rates  of  toll,  by  whom  fixed. 

Sec.  7.  When  a  bridge  shall  be  built  on  a  navig- 
able stream,  by  one  county,  or  two  counties,  it  may 
be  absolutely  free,  or  tolls  sufficient  to  pay  in 
whole,  or  in  part,  for  the  construction,  and  to 
keep  up  the  repairs  and  expenses  thereof,  may  be 
charged;  the  rate  to  be  fixed  by  the  board  of  sup- 
ervisors of  the  county  in  which  the  same  is  locat- 
ed, or,  if  located  in  two  counties,  then  by  the 
boards  of  supervisors  of  the  two  counties;  or  if 
there  be  any  disagreement  between  said  boards, 
as  to  imposing  or  removing  tolls,  or  the  rate,  the 
matter  in  dispute  shall  be  referred  to  the  board  of 
supervisors  of  some  neighboring  county  for  de- 
termination, and  its  decision,  communicated  in 
writing  to  the  clerks  of  said  boards  respectively, 
shall  be  final;  and  if  tolls  are  fixed  or  removed 
thereby,  the  same  shall  take  effect  on  the  tenth 
day  from  the  date  of  such  written  determination. 
Supervisors    to    declare     necessity    for     building 

bridges. 

Sec.  8.  The  board  of  supervisors,  or  other  govern- 
ing body  of  any  city  and  county,  or  county,  in  this 
state,  shall  have  power  to  declare  that  it  is  nec- 
essary for  the  public  convenience  to  have  a  bridge 
or  bridges  built  across  any  estuary,  swamp,  pond, 
or  arm  of  a  bay  that  may  lie  or  extend  into  the 
couQty,  or  city  and  county,  and  prescribe  the 
points  between  which  said  bridge  or  bridges  shall 


44  Building  and  Loan— Butter. 

be  built,  and  when  they  shall  have  specified  the 
points  between  which  it  is,  in  their  judgment,  nec- 
essaiTto  build  the  said  bridge  or  bridges,  they  may 
let  contracts  to  build  the  bridges,  as  aforesaid,  and 
pay  for  the  same  out  of  the  general  fund  of  the 
city  and  county,  or  county. 

Sec.  9.    This  act  shall  take  effect  immediately. 
[Approved  March  14,  1881;  Stats.  1881,  76.] 


TITLE  26. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Building  and  Loan  Associations,  p.  727. 

TITLE  27. 

BUOYS  AND  BEACONS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  title, 
Buoys  and  Beacons,  p.  515. 


TITLE  28. 
BUTTE  COUNTY. 

For  a  reference  to  special  acts  relating  to  Butte 
county,  see  Deering's  Annotated  Penal  Code,  p. 
436,  et  seq. 

See  also  an  act  to  amend  the  act  to  incorporate 
the  town  of  Chico,  Stats.  1887,  p.  63. 


TITLE  29. 

BUTTER. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle. Butter,  p.  516. 

Consult:  Act  to  provide  for  the  inspection  of 
dairies,  etc.     Stats.  1899,  ch.  CXXXVI. 


Calaveras— Cemeteries.  45 

TITLE  30. 
CALAVERAS  COUNTY. 

For  a  reference  to  special  acts  relating  to  Cala- 
veras county,  see  Deering's  Annotated  Penal 
Code,  pp.  438,  439. 


TITLE  31. 

CALIFORNIA  STATUTES,  INDEX  TO. 

An  act  authorizing  the  superintendent  of  state 
printing  to  have  prepared  and  printed  an  index 
to  all  the  laws  of  California,  1850-1893. 

[Approved  March  11,  1893;  Stats.  1893,  p.  150.] 

This  act  provided  for  the  compiling,  printing 
and  distribution  of  a  complete  index  to  the  Cali- 
fornia statutes. 


TITLE  32. 

CALIFORNIA  VOLUNTEERS. 

An  act  to  provide  for  the  revision  of  the  records  of 
the  California  volunteers,  to  authorize  the  ad- 
jutant general  to  employ  additional  clerk  or 
clerks  for  that  purpose,  and  to  authorize  the 
superintendent  of  state  printing  to  print,  bind, 
and  issue  the  same. 

[Approved  March  16,  1889;  1889,  228.] 


TITLE  33. 

CEMETERIES. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Cemeteries,  p.  736. 


46  Cemeteries. 

An  Act  providing  for  the  removal  of  tiuman  re- 
mains from  cemeteries  in  cities  having  a  popu- 
lation of  more  than  five  thousand  and  not  ex- 
ceeding one  hundred  thousand. 

1.  The  City  Council  of  any  city  in  this  State 
having  a  population  of  more  than  fifteen  hundred 
and  not  exceeding  one  hundred  thousand,  may,  by 
ordinance  duly  passed,  and  under  such  lawful 
rules  and  regulations  which  it  may  adopt,  provide 
for  the  exhuming,  taking  up,  and  removal  from 
cemeteries  within  the  boundary  lines  of  such  city, 
or  from  cemeteries  owned  and  controlled  by  such 
city  that  may  have  been  located  without  its  boun- 
daries (and  in  which  such  cemeteries  no  inter- 
ments of  human  remains  have  been  made  for  a 
period  of  not  less  than  two  years),  of  all  the  hu- 
man remains  interred  in  such  cemeteries.  [Ap- 
proved March  23,  1893,  Stats.  1893,  p.  234.  Amend- 
ment approved  March  26,  1895;  Stats.  1895,  chap. 
cl. 


An  Act  to  protect  public  health  from  infection 
caused  by  exhumation  and  removal  of  the  re- 
mains of  deceased  persons. 

Disinterring  of  bodies  unlawful  without  permit. 

Section  1.  It  shall  be  unlawful  to  disinter  or 
exhume  from  a  grave,  vault,  or  other  burial  place, 
the  body  or  remains  of  any  deceased  person,  un- 
less the  person  or  persons  so  doing  sliall  first  ob- 
tain, from  the  board  of  health,  health-officer, 
mayor,  or  other  head  of  the  municipal  govern- 
ment of  the  city,  town,  or  city  and  county  where 
the  same  are  deposited,  a  permit  for  said  purpose. 
Nor  shall  such  body  or  remains  disinterred,  ex- 
humed, or  talven  from  any  grave,  vault,  or  other 
place  of  burial  or  deposit,  be  removed  or  trans- 
ported in  or  through  the  streets  or  highways  of 
any  city,  town,  or  city  and  county,  unless  the  per- 
son or  persons  removing  or  transporting  such  body 
or  remains  shall  first  obtain,  from  the  board  of 
health  or  health-oflicer  (if  such  board  or  officer 
there  be),  and  from  the  mayor  or  other  head  of  the 
municipal  government  of  the  city  or  town,  or 
city  and  county,  a  permit,  in  writing,  so  to  re- 
move or  transport  such  body  or  remains  in  and 
through  such  streets  and  highways. 


Cemeteries.  47 

Permits  granted  upon  wbat. 

Sec.  2.  Permits  to  disinter  or  exhume  the  bodies 
or  remains  of  deceased  persons,  as  in  the  last  sec- 
tion, may  be  granted,  provided  the  person  apply- 
ing therefor  shall  produce  a  certificate  from  the 
coroner,  the  physician  who  attended  such  deceased 
person,  or  other  physician  in  good  standing  cog- 
nizant of  the  facts,  which  certificate  shall  state  the 
cause  of  death  or  disease  of  which  the  person  died, 
and  also  the  age  and  sex  of  such  deceased;  pro- 
vided further,  that  the  body  or  remains  of  de- 
ceased shall  be  inclosed  in  a  metallic  case  or  coffin, 
sealed  in  such  manner  as  to  prevent,  as  far  as 
practicable,  any  noxious  or  offensive  odor  or  ef- 
fluvia escaping  therefrom,  and  that  such  case  or 
coflin  contains  the  body  or  remains  of  but  one  per- 
son, except  where  infant  children  of  the  same 
parent  or  parents,  or  parent  and  children,  are 
contained  in  such  case  or  coffin.  And  the  permit 
shall  contain  the  above  conditions  and  the  words: 
"Permit   to   remove   and   transport   the   body   of 

,  age ,  sex ,"  and  the  name, 

age,  and  sex  shall  be  written  therein.  The  offi- 
cer of  the  municipal  government  of  the  city  or 
town,  or  city  and  county,  granting  such  permit, 
shall  require  to  be  paid  for  each  permit  the  snm 
of  ten  dollars,  to  be  kept  as  a  separate  fund  by 
the  treasurer,  and  which  shall  be  used  in  defray- 
ing expenses  of  and  in  respect  to  such  permits, 
and  for  the  inspection  of  the  metallic  cases,  cof- 
fins, and  inclosing  boxes  herein  required;  and  an 
account  of  such  moneys  shall  be  embraced  in  the 
accounts  and  statements  of  the  treasurer  having 
the  custody  thereof. 
Misdemeanor. 

Sec.  3.    Any  person  or  persons  who  shall  disin- 
ter, exhume,  or  remove,  or  cause  to  be  disinterred, 
exhumed,   or   removed,   from   a  grave,   vault,    or 
other  receptacle  or  burial  place,  the  body  or  re- 
mains  of  a   deceased   person,   without   a   permit 
therefor,  shall  be  guilty  of  a  misdemeanor  and  be 
punished  by  a  fine  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  thirty  days  nor 
,     more  than  six  months,  or  by  both  such  fine  andim- 
I     prisonment.    Nor  shall  it  be  lawful  to  receive  such 
'     body,  bones,  or  remains  on  any  vehicle,  car,  barge. 


48  Cemeteries. 

boat,  ship,  steamship,  steamboat,  or  vessel  for 
transportation  in  or  from  this  state,  unless  the 
permit  to  transport  the  same  is  first  received,  and 
is  retained  in  evidence  by  the  owner,  driver,  agent, 
superintendent,  or  master  of  the  vehicle,  car,  or 
vessel. 

Transportation   of  bodies   exhumed   without  per- 
mit—Misdemeanor. 

Sec.  4.  Any  person  or  persons  who  shall  move 
or  transport,  or  cause  to  be  moved  or  transported, 
on  or  through  the  streets  or  highways  of  any 
city  or  town,  or  city  and  county,  of  this  state,  the 
body  or  remains  of  a  deceased  person,  which  shall 
have  been  disinterred  or  exhumed  without  a  per- 
mit, as  described  in  section  two  of  this  act,  shall 
be  guilty  of  a  misdemeanor,  and  be  punishable  as 
provided  in  section  three  of  this  act. 
Reward  for  information. 

Sec.  5.  Any  person  who  shall  give  information 
to  secure  the  conviction  of  any  person  or  persons 
for  the  violation  of  the  provisions  of  this  act  shall 
be  entitled  to  receive  tlie  sum  of  twenty-five  dol- 
lars, to  be  paid  from  the  fund  collected  from  fines 
imposed  and  accruing  under  this  act. 
Removal  of  remains  of  deceased  persons. 

Sec.  6.  Nothing  in  this  act  contained  shall  be 
taken  to  apply  to  the  removal  of  the  remains  of 
deceased  persons  from  one  place  of  interment  to 
another  cemetery  or  place  of  interment  within  this 
state;  provided,  that  no  permit  shall  be  issued  for 
the  disinterment  or  removal  of  any  body,  unless 
such  body  has  been  buried  for  one  year  or  more, 
without  the  written  consent  of  the  mayor,  chair- 
man of  the  board  of  supervisors,  or  city  council  of 
any  municipality  of  the  state.  [Amendment  ap- 
proved March  13,  1889;  Stats.  1889,  139.  In  effect 
immediately.] 

Sec.  7.  This  act  shall  take  effect  and  be  in  force 
from  the  thirtieth  day  after  its  passage  and  ap- 
proval.    [Approved  April  1,  1878;  1877-8,  1050.] 


Census.  49 

TITLE  34. 

CENSUS. 

An  act  to  authorize  any  city,  or  city  and  county  of 
tliis  state  to  tal^e  its  census. 

[Stat,   approved    February  25,   1897;   Stats.   1897, 
cliap.  XXX.] 

Section  1.  Tlie  council,  or  otlier  legislative  body 
of  any  city  in  tliis  state,  and  the  board  of  super- 
visors, or  other  legislative  body  of  any  city  and 
county  of  this  state,  is  hereby  authorized,  when- 
ever said  council,  board  of  supervisors,  or  other 
legislative  body,  may  deem  it  necessary,  between 
the  years  of  taking  the  federal  census,  to  take  the 
census  of  such  cfty,  or  city  and  county,  in  the 
manner  prescribed  by  section  two  of  this  act. 

Sec.  2.  Said  council,  board  of  supervisors,  or 
other  legislative  body  of  any  city,  or  city  and 
county  of  this  state  electing  to  take  a  census,  as  in 
this  act  provided  ror,  shall  pass  a  resolution  of 
intention  declaring  its  intention  to  cause  such  cen- 
sus to  be  taken  by  one  or  more  suitable 
persons  appointed  therefor  by  such  council,  board 
of  supervisors,  or  other  legislative  body,  at  the 
expense  of  said  city  or  cities  desiring  such  cen- 
sus taken,  and  such  census  shall,  by  such  persons 
so  appointed,  be  taken  of  all  the  inhabitants  of 
such  city,  or  city  and  county,  and  in  said  census 
the  full  name  of  each  person  shall  be  plainly  writ- 
ten and  the  names  alphabetically  arranged  and 
regularly  numbered  in  one  complete  series,  and 
when  completed  shall  be  verified  before  any  offi»- 
cer  autliorized  to  administer  oatlis,  and  be  filed 
with  the  clerk  of  such  city,  or  city  and  county. 

Sec.  3.  A  certified  copy  of  such  census  shall  be 
prepared  by  said  clerlv  after  being  so  filed,  and 
shall  be  filed  by  him  with  the  secretary  of  state 
for  this  state,  and  thereupon  the  same  shall  be 
known  and  be  the  ofticial  state  census  of  said 
city,  or  city  and  county. 

Sec.  4.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Gen.  Lraws— 5. 


50        Central  American  Exhibition— Cheese. 

TITLE  35. 

CENTRAL  AMERICAN  EXHIBITION. 

An  act  for  the  appointment  of  a  commissioner  to 
represent  the  state  of  California  at  the  Central 
American  exhibition  to  be  held  in  the  City  of 
Guatemala,  on  March  15,  1897,  and  to  pre- 
scribe his  powers  and  duties;  and  to  authorize 
the  appointment  of  a  clerli;  and  to  provide  for 
the  expenses  of  said  commissioner,  and  the 
compensation  of  said  clerk,  and  for  certain  ex- 
penses of  the  California  exhibit  at  said  exhi- 
bition, and  to  appropriate  money  therefor. 

[Stat,  approved  February  9,    1897;    Stats.    1897, 
chap,  iii.] 

The   purpose   of    the    act    sufficiently   appears 
from  the  title. 


TITLE  36. 

CHAMBERS  OF  COMMERCE. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Chambers  of  Commerce,  p.  737. 


TITLE  37. 

CHEESE. 

An  act  defining  the  different  grades  of  cheese  and 
for  branding  the  same,  manufactured  in  the 
state  of  California. 

[Stat,  approved  March  4,  1897;  Stats.  1897,  chap. 
Ixxvi.] 

Section  1.  Every  person  or  persons,  firm  or 
corporation,  who  shall  at  any  creamery,  cheese 
factory,  or  private  dairy,  manufacture  cheese  in 
the  state  of  California,  shall,  at  the  place  of  man- 


•Cheese.  51 

ufacture,  brand  distinctly,  and  durably  on  the 
bandage  of  each  and  every  cheese  manufactured, 
and  upon  the  package  or  box  when  shipped,  the 
grade  of  cheese  manufactured,  as  follows:  "Cal- 
ifornia Full-Cream  Cheese,"  "California  Half- 
Skim  Cheese,"  and  "California  Skim  Cheese." 

Sec.  2.  All  brands  for  branding  the  different 
grades  of  cheese  shall  be  procured  from  the  state 
dairy  bureau,  and  said  bureau  is  hereby  directed 
and  authorized  to  issue  to  all  persons,  firms,  or 
corporations,  upon  application  therefor,  uniform 
brands,  consecutively  numbered,  of  the  different 
grades  specified  in  section  one  of  this  act.  The 
state  dairy  bureau  shall  keep  a  record  of  each 
and  every  brand  issued,  and  the  name  and  loca- 
tion of  the  manufacturer  receiving  the  same.  No 
manufacturer  of  cheese  in  the  state  of  California, 
other  than  the  one  to  whom  such  brand  is  issued, 
shall  use  the  same,  and  in  case  of  a  change  of  lo- 
cation, the  party  siiall  notify  the  bureau  of  such 
change. 

Sec.  3.  The  different  grades  of  cheese  are  here- 
by defined  as  follows:  Such  cheese  only  as  shall 
have  been  manufactured  from  pure  milk,  and 
from  which  no  portion  of  the  butter  fat  has  been 
removed  by  skimming  or  other  process,  and  hav- 
ing not  less  than  thirty  per  cent  of  butter  fat, 
shall  be  branded  as  "California  Full-Cream 
Cheese";  and  such  cheese  only  as  shall  be  made 
from  pure  milk,  and  having  not  less  than  fifteen 
per  cent  of  butter  fat,  shall  be  branded  "California 
Half-Skim  Cheese":  and  such  cheese  only  as  shall 
be  made  from  pure  skim-milk  shall  be  branded 
"California  Skim  Cheese";  provided,  that  nothing 
in  this  section  shall  be  construed  to  apply  to 
"Edam,"  "Brickstein,"  "Pineapple,"  "Limburger," 
"Swiss,"  or  hand-made  cheese,  not  made  by  the  or- 
dinary Cheddar  process. 

Sec.  4.  No  person  or  persons,  firms  or  corpora- 
tions, shall  sell,  or  offer  for  sale,  any  cheese,  man- 
ufactured in  the  state  of  California,  not  branded 
by  an  official  brand  and  of  the  grade  defined  in 
section  three  of  this  act. 

Sec.  5.  Wlioever  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction  thereof,  be 
punished  for  the  first  offense  by  a  fine  of  not  less 


52  Chico— Chinese. 

than  twenty-five  dollars  ($25)  nor  more  than  fifty- 
dollars  ($50),  or  by  Imprisonment  in  the  county 
jail  for  not  exceeding  twenty-five  days;  and  for 
each  subsequent  offense  by  a  fine  of  not  less  than 
fifty  dollars  ($50)  nor  more  than  one  hundred  dol- 
lars ($100),  or  by  imprisonment  in  the  county  jail 
not  less  than  fifty  days  nor  more  than  one  hun- 
dred days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court. 

Sec.  6.  All  acts  or  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 

Sec.  7.  This  act  shall  take  effect  sixty  days 
after  its  passage. 

Act  relating  to  deception  in  manufacture  and 
sale  of:  See  Penal  Code,  p.  516. 


TITLE  38. 

CHICO. 

Special  acts  relating  to:   See  ante,  title,  Butte 
county. 


TITLE  39. 

CHINESE. 

A  reference  to  the  acts  relating  to  Chinese  is 
contained  in  Deering's  Annotated  Penal  Code,  pp. 
439,  440.    In  addition  consult  the  following  act: 

An  act  to  prohibit  the  coming  of  Chinese  persons 
into  the  state,  whether  subjects  of  the  Chinese 
Empire  or  otherwise,  and  to  provide  for  regis- 
tration and  certificates  of  residence,  and  deter- 
mine the  status  of  all  Chinese  persons  now  resi- 
dent of  this  state,  and  fixing  penalties  and 
punishments  for  violation  of  this  act,  and  pro- 
viding for  deportation  of  criminals. 

[Approved  March  28,  1891;  Stats.  1891,  p.  185.] 

Section  1.  From  and  after  the  passage  of  this 
act,  it  shall  be  unlawful  for  any  Chinese  person 


Chinese.  53 

or  persons,  whether  subjects  of  the  Chinese  Em- 
pire or  otherwise  as  well  as  those  who  are  now 
within  the  limits  of  this  state,  and  who  may  here- 
after leave  this  state  and  attempt  to  return,  as 
those  who  have  never  been  here,  or,  having  been 
here,  have  departed  from  this  state  (save  and  ex- 
cepting only  the  following  classes,  that  is  to  say: 
Such  Chinese  person  or  persons  as  may  be  duly 
accredited  to  the  government  of  the  United  States 
as  ministers  plenipotentiary,  or  other  diplomatic 
representatives,  consuls-general,  consular  and 
commercial  agents,  including  other  officers  of 
the  Chinese  or  other  governments  traveling  upon 
the  business  of  that  government,  with  their  body 
and  household  servants),  to  come  to  or  within, 
or  to  land  at  or  remain  in,  any  port  or  place  with- 
in this  state;  and  the  coming  of  Chinese  persons 
to  this  state,  whether  for  the  purpose  of  transit 
only  or  otherwise,  excepting  the  classes  herein- 
before specifically  described  and  excepted,  from 
and  after  the  passage  of  this  act,  be  and  the  same 
is  hereby  absolutely  prohibited. 

Sec.  2.  The  master,  purser,  or  agent  of  any  ves- 
sel, who,  on  clearing  from  any  foreign  port  and 
bound  to  any  port  of  this  state,  shall  knowingly 
ship  as  a  sailor  or  marine,  or  enter  upon  his  crew 
list,  or  count  upon  his  "bill  of  health,"  or  permit 
the  same  to  be  entered  or  counted,  the  name  of, 
or  bring  into  this  state,  any  Chinese  person,  other 
than  those  excepted  by  the  statutes  of  the  United 
States,  as  such  Chinese  person  or  persons,  duly 
accredited  to  the  government  of  the  United  States 
as  ministers  plenipotentiary,  or  other  representa- 
tives, consuls-general,  consular  and  commercial 
agents,  including  other  officers  of  the  Chinese  or 
other  governments  traveling  upon  business  of  that 
government,  with  their  body  and  household  ser- 
vants, shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars  for 
each  and  every  such  Chinese  person  so  entered, 
counted,  or  brought  into  this  state,  and  may  also 
be  imprisoned  for  a  term  of  not  exceeding  one 
year;  but  the  foregoing  provisions  shall  not  apply 
to  the  case  of  any  master,  purser,  or  agent  whose 
vessel,  being  bound  to  a  port  not  within  this  state, 
shall   come  within  the  jurisdiction   of  this   state 


54  Chinese. 

by  reason  of  being  in  distress,  or  in  stress  of 
weatlier,  or  touching-  at  any  port  of  this  State  on 
its  voyage  to  any  other  State,  or  foreign  port  or 
place;  provided,  that  no  Chinese  person  brought 
on  such  vessel  shall  be  permitted  to  land,  except 
in  case  of  absolute  necessity,  and  must  depart 
with  the  vessel  on  its  leaving  port;  and  if  so  per- 
mitted to  land,  such  master,  purser,  or  agent  shall 
be  liable  as  in  this  section  provided. 

Sec.  3.  It  is  hereby  made  the  duty  of  all  agents 
of  transportation,  and  ticket  agents,  in  this  State, 
for  railroad,  stage  lines,  steamship  lines,  and 
vessels  of  all  descriptions,  and  masters  and  purs- 
ers of  the  same,  when  applied  to  by  any  Chinese 
person,  or  by  any  other  person  for  the  passage  of 
a  Chinese  person,  for  a  ticket  as  passenger  from 
one  station,  town,  city,  port,  or  landing  in  this 
State,  to  another  station,  town,  city,  port,  or  land- 
ing in  this  State,  or  to  any  other  State  of  the 
United  States,  and  before  selling  such  ticket,  to  de- 
mand of  said  person  applying  permission  to  see, 
and  shall,  before  selling  a  ticket,  examine  the 
"certificate  of  residence"  of  the  applicant,  as  de- 
scribed in  this  act,  and  insert  the  number  of  shid 
certificate  of  residence  on  said  ticket;  and  should 
such  applicant  or  Chinese  person  fail  to  produce 
such  certificate,  then  the  said  agent  shall  not  sell 
a  ticket  to  or  permit  said  Chinese  person  to  take 
passage,  and  said  agent,  master,  or  purser  shall 
arrest,  or  cause  to  be  arrested,  the  said  Chinese 
person  or  applicant,  and  proceed  to  file  a  com- 
plaint with  any  justice  of  the  peace  or  police 
judge,  or  court  having  jurisdiction  of  the  same,  as 
in  other  cases  provided  for  in  this  act,  or  turn 
over  such  Chinese  person  or  applicant  to  some 
peace  officer,  whose  duty  it  is  to  enforce  the  pro- 
visions of  this  act.  Any  person  failing  to  comply 
with  the  requirements  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  for  each  and  every 
offense,  and  may  be  imprisoned  for  a  term  of  not 
more  than  one  year. 

Sec.  4.  It  shall  be  the  duty  of  all  conductors  or 
agents  of  transportation,  who  may  be  authorized 
to  examine  tickets  and  receive  fare  of  Chinese 
persons  upon  any  railroad,  stage  line,  sail  vessel, 


Chinese.  55 

or  steamship  plying  between  points,  landings, 
ports,  stations,  towns,  or  cities  of  this  State,  or 
coming  into  this  State  from  other  States  of  the 
United  States,  or  any  foreign  country,  to  demand 
at  the  same  time  to  see  and  examine  the  "certifi- 
cate of  residence"  described  in  this  act;  and  should 
any  such  Chinese  person  refuse  or  fail  to  produce, 
on  demand,  said  certificate,  conforming  in  all 
particulars  to  the  provisions  of  section  (11)  eleven 
of  this  act,  it  shall  be  the  duty  of  said  agent,  or 
conductor,  master,  or  purser,  to  arrest  and  confine 
such  Chinese  person  until  such  time  as  he  shall  be 
able  to  deliver  over  such  person  to  some  peace  offi- 
cer, or  file  a  complaint  against  said  Chinese  per- 
son in  a  court  having  jurisdiction,  as  provided  for 
in  this  act;  and  should  any  such  agent,  ticket 
agent,  conductor,  master  of  vessel,  or  purser,  re- 
fuse, or  willfully  or  knowingly  neglect  to  comply 
with  the  provisions  of  this  act,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  therfe- 
of  shall  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars,  and  may  be  imprisoned  for 
a  term  of  not  more  than  one  year. 

Sec.  5.  Any  person  who  shall  knowingly  bring 
into  or  cause  to  be  brought  into  this  state,  by  land 
or  otherwise,  or  who  shall  aid  or  abet  the  same, 
or  aid  or  abet  the  landing  in  this  State,  from  any 
vessel  or  otherwise,  of  anj^  Chinese  person  not 
lawfully  entitled  to  enter  this  State,  shall  be  deem- 
ed guilty  of  a  felony,  and  shall  on  conviction 
thereof  be  fined  in  a  sum  of  not  exceeding  one 
thousand  dollars,  and  imprisoned  in  the  State's 
prison  for  a  term  not  exceeding  one  year,  and,  if 
a  Chinese  person,  shall  be  sentenced  to  deportation 
as  in  other  cases. 

Sec.  6.  No  Chinese  person  shall  be  permitted  to 
enter  this  State,  by  land  or  water,  without  first 
producing  the  certificate  in  this  act  required  of 
Chinese  persons  resident  of  this  State;  and  any 
Chinese  person  found  guilty  of  being  unlawfully 
within  this  State  shall  be  caused  to  be  removed 
therefrom,  by  judgment  of  court,  to  China,  unless 
the  defendant  shall  prove  that  he  is  a  citizen  of 
some  foreign  country  other  than  China,  then  to 
said  country  of  which  he  is  a  citizen.  The  burden 
of  establishing  citizenship  shall  rest  upon  the  de- 
fendant. In  every  case,  when  established  that 
such  Chinese  person  is  not  lawfully  in  this  State, 


56  Chinese. 

then  the  judgment  of  the  court  shall  be  deporta- 
tion to  the  country  of  his  citizenship  at  the  cost  of 
said  person  so  to  be  deported;  and  judgment  and 
fine  may  be  rendered  therefor,  and  if  collected, 
paid  unto  and  credited  to  the  Chinese  fund,  and 
if  not  paid  or  collected,  then,  in  the  first  instance, 
to  be  paid  by  this  State  out  of  the  Chinese  fund  af- 
ter being  brought  before  some  Superior  Court  judge 
of  this  State,  and  declared  by  said  judgment  to  be 
one  not  lawfully  entitled  to  be  or  to  remain  in  this 
State;  provided,  that  after  such  judgment  and  find- 
ing of  anj^  court  having  jurisdiction,  said  court 
may  transmit  such  findings  and  judgment  to  the 
Governor,  who  may  forward  a  copy  thereof  to  the 
Secretary  of  the  Treasury  of  the  United  States,  or 
other  officer  designated  by  him,  and  request  that 
such  Chinese  person  shall  be  removed  from  the 
limits  of  this  State  at  the  expense  of  the  United 
States;  and  in  all  such  cases  the  person  who 
brought  or  aided  in  bringing  such  person  to  this 
State  shall  be  liable  to  the  government  of  this  State 
for  all  necessary  expenses  incurred  in  such  inves- 
tigation and  removal;  and  all  peace  officers  of  the 
several  counties  of  this  State,  including  all  other 
persons  authorized  to  make  arrests,  are  hereby  in- 
vested with  the  same  authority  as  any  sheriff  or 
constable. 

Sec.  7.  Any  Chinese  person  adjudged  guilty  of 
being  unlawfully  within  the  jurisdiction  of  this 
State,  and  on  conviction  thereof,  shall  be  punished 
by  being  deported  from  this  State  to  his  or  her  own 
country,  or  by  a  fine  of  not  less  than  five  hundred 
dollars  nor  more  than  one  thousand  dollars,  and 
deportation  from  this  State  to  his  or  her  own  coun- 
try, or  by  imprisonment  in  the  State  prison  for  a 
term  not  less  than  one  nor  more  than  five  years, 
and  on  termination  of  said  imprisonment  shall  be 
deported  to  China,  or  such  country  of  which  he  is 
a  citizen;  all  the  expenses  of  deportation,  upon  ap- 
proval of  the  State  Board  of  Examiners,  shall  be 
drawn  from  the  Chinese  fund  provided  for  in  this 
act,  and  from  no  other  source,  when  defrayed  by 
the  State. 

Sec.  8.  In  all  cases  where  the  judgment  of  de- 
portation, or  fine  and  deportation,  or  imprison- 
ment and  deportation,  shall  be  rendered  by 
any  court  trying  the  same,  it  shall  be  the  duty  of 


Chinese.  57 

the  court  to  cause  to  be  made  a  copy  of  the  find- 
ings and  judgment  in  the  case,  attaching  to  the 
same  a  well-talien  photograph  of  the  defendant, 
and  also  stating  such  distinctive  facial  marlis,  or 
noticeable  physical  marks  or  features,  as  will  at 
any  future  time  assist  in  a  ready  detection  and  con- 
viction on  a  second  offense,  and  forward  the  same 
to  the  commissioner  of  the  bureau  of  labor  statis- 
tics of  this  State,  for  preservation  and  reference 
at  any  future  time. 

Sec.  9.  Within  ninety  (90)  days  after  the  passage 
of  this  act,  it  shall  be  the  duty  of  the  commissioner 
of  the  bureau  of  labor  statistics  of  this  State  to 
cause  to  be  published  in  one  daily  or  weekly  news- 
paper, if  any,  of  general  circulation  within  each 
county  of  the  State,  for  the  period  of  one  month, 
once  each  week,  a  notice  to  all  Chinese  persons 
within  the  State,  and  also  post  a  like  notice  in  a 
conspicuous  place  at  such  postoffices  as  he  may 
deem  proper,  written  in  the  Chinese  language,  di- 
recting and  commanding  all  Chinese  persons  with- 
in this  State  to  appear  at  the  office  of  the  commis- 
sioner of  the  bureau  of  labor  statistics  within  nine- 
ty (90)  days  from  the  date  of  the  last  publication 
of  such  notices,  and  apply  for  the  certificate  of  res 
idence  provided  for  in  this  act. 

Sec.  10.  It  shall  be  the  duty  of  every  county 
clerk  to  record,  in  a  book  kept  for  that  purpose, 
and  with  reasonable  dispatch,  all  certificates  of 
residence  issued  to  Chinese  persons  who  may  re- 
side in  the  county,  and  keep  a  full  record  of  all 
such  certificates,  for  future  reference  and  identifi- 
cation, with  the  photograph  of  said  Chinese  per- 
son incorporated  therein. 

Sec.  11.  The  form  of  "certificate  of  residence" 
shall  be  printed  on  parchment  of  convenient  size 
and  durable  quality,  leaving  a  blank  space  in  cen- 
ter of  first  page  of  sufficient  size,  on  which  shall 
be  printed  or  pasted  a  well-taken  photograph  of 
applicant,  including,  when  possible,  all  facial 
marks  or  other  features  calculated  to  aid  in  a 
ready  identification.  The  printing  surrounding  the 
photograph  shall  be  in  clear  type,  and  contain  the 
name,  date  of  birth,  place  of  birth,  and  country 
and  citizenship;  date  of  departure  from  such  coun- 
try, date  and  year  of  arrival  in  the  United  States; 
at  what  port  landing;  age,  sex,  postoffice  address. 


58  Chinese. 

number  of  street,  town,  city,  farm,  rancli,  county, 
and  State  at  whicli  he  may  now  reside;  family 
name  and  tribe,  complexion,  color,  height,  weight, 
and  occupation;  by  whom  employed,  and  postoffice 
address  of  employer;  if  working  on  own  account, 
at  what  employment,  giving  number  of  street, 
town,  or  city,  name  of  farm,  ranch,  and  occupation, 
and  also  any  particular  noticeable  facial  marlis  or 
bodily  deformity  as  may  be  observed  and  believed 
to  render  ready  aid  in  future  identification;  and 
any  Chinese  person  who  shall  be  found  within  the 
jurisdiction  of  this  State,  unprovided  with  a  certif- 
icate of  residence  of  the  form  above  set  forth,  and 
bearing  the  official  signature  of  tlie  commissioner 
of  the  bureau  of  labor  statistics  of  this  State,  after 
the  expiration  of  one  year  from  the  date  of  the  pas- 
sage of  this  act,  then  and  in  such  case  he  shall  be 
deemed  and  adjudged  as  unlawfully  within  the 
limits  of  this  State,  and  subject  to  punishment  as 
provided  for  in  this  act. 

Sec.  12.  The  county  clerk  shall  cause  to  be  affix- 
ed to  the  "certificate  of  residence"  of  every  Chinese 
person  presenting  the  same  for  record,  his  official 
signature  and  seal  and  the  date  of  record. 

Sec.  13.  It  shall  be  the  duty  of  all  Chinese  per- 
sons within  the  limits  of  this  State  at  the  date  of 
the  passage  of  this  act,  within  one  year  after  the 
passage  of  this  act  to  apply  for  a  "certificate  of  res- 
idence" to  the  commissioner  of  the  bureau  of  labor 
statistics,  and  on  obtaining  the  same  to  present  to 
and  have  recorded  by  the  county  clerlv  of  the  coun- 
ty of  residence  of  such  Chinese  person  his  "certifi- 
cate of  residence,"  as  hereinbefore  provided;  and 
any  Chinese  person  within  the  limits  of  this  State 
who  shall  fail  or  refuse  to  comply  with  the  provis- 
ions of  this  act  shall  be  adjudged  by  the  court  be- 
fore whom  he  may  be  tried  as  being  unlawfully 
within  the  limits  of  this  State,  and  subject  to  the 
same  fines  and  penalties  as  in  other  eases  provided 
for  in  this  act. 

Sec.  14.  Immediately  after  the  passage  of  this 
act.  the  Secretary  of  State  shall  cause  to  be  print- 
ed by  the  State  Printer  and  sent  to  the  clerks  of 
the  several  counties  throughout  this  State  the  nec- 
essary blank  record  books,  containing  blank  cer- 
tificates, provided  for  herein,  in  such  form  as  pre- 
scribed by  this  act  and  the  commissioner  of  the 
bureau  of  labor  statistics. 


Chinese.  59 

Sec.  15.  Each  Chinese  person  who  shall  apply 
to  the  commissioner  of  the  bureau  of  labor  statis- 
tics for  a  certificate  as  required  herein  shall  pay 
to  the  said  commissioner  of  the  bureau  of  labor 
statistics,  to  be  paid  into  the  State  Treasury,  and 
credited  to  the  "Chinese  fund,"  the  sum  of  five  dol- 
lars, which  sum,  together  with  cost  of  photographs 
and  recording  and  fee  of  deputy  issuing  the  certifi- 
cate of  residence,  shall  be  the  only  compensation 
allowed  for  registering  and  issuing  certificates  to 
Chinese  persons  as  herein  provided;  and  provided, 
that  the  applicant  shall  pay  for  or  furnish  the 
photograph  set  forth  in  section  (11)  eleven  of  this 
act,  satisfactory  to  the  commissioner  of  the  bureau 
of  labor  statistics. 

Sec.  16.  Immediately  after  the  passage  of  this 
act,  the  Secretary  of  State  shall  cause  to  be  printed 
by  the  State  Printer,  on  parchment,  and  of  the  size 
adopted  by  tlie  commissioner  of  the  bureau  of  labor 
statistics,  blank  copies  of  the  "certificate  of  resi- 
dence" referred  to  in  this  act,  in  sufficient  quan- 
tities to  supply  the  requirements  of  the  commis- 
sioner of  the  bureau  of  labor  statistics  in  carrying 
out  this  act. 

Sec.  IT.  The  controller  of  this  State  shall  open 
a  set  of  books  of  account,  known  as  the  "Chinese 
fund  account,"  in  books  to  be  provided  by  the  Sec- 
retary of  State,  in  which  shall  be  entered  all  mon- 
eys received  under  this  act,  the  date  received,  and 
name  of  persons  paying  the  same,  and  for  what 
purpose  such  money  was  received,  upon  itemized 
statements,  rendered  on  the  last  day  of  each  month 
by  the  commissioner  of  the  bureau  of  labor  statis- 
tics, on  blank  forms  furnished  by  the  State  for 
such  purpose,  and  thereupon  the  commissioner  of 
the  bureau  of  labor  statistics  shall  pay  such  mon- 
eys into  the  State  Treasury  to  the  credit  of  said 
Chinese  fund. 

Sec.  18.  The  fees  collected  under  the  provisions 
of  this  act  shall  be  known  and  set  apart  by  the 
Treasurer  of  State  as  the  "Chinese  fund,"  and 
shall  be  held  and  drawn  upon  solely  to  defray  the 
expenses  incidental  to  the  execution  of  this  act. 

Sec.  19.  The  Governor  of  this  State  is  authorized 
and  required,  at  the  expiration  of  one  year  from 
the  passage  of  this  act,  to  offer  a  reward  of  twenty- 
five  ($25)  dollars  to  any  person  or  persons,  as  in- 


60  Chinese. 

formants,  who  shall  produce  the  necessary  testi- 
mony for  the  conviction  of  any  Chinese  person  of  a 
violation  of  this  act;  provided,  that  the  same  shall 
be  paid  from  the  fund  collected  under  the  provi- 
sions of  this  act  and  linown  as  the  "Chinese  fund," 
and  from  no  other  moneys  belonging  to  the  State; 
provided,  that  no  such  reward  shall  be  allowed 
when  such  Chinese  persons  are  deported  for  viola- 
tion of  other  laws  of  this  State  or  municipal  ordi- 
nances. 

Sec.  20.  Whenever  any  peace  officer  of  this 
State,  or  of  any  county  or  municipality  of  the 
same,  shall  have  good  reason  to  believe  that  any 
Chinese  person  has  neglected  to  provide  himself  or 
herself  with  a  certificate  of  residence  provided  for 
in  this  act,  he  shall  demand  of  said  person  permis- 
sion to  see  and  examine  said  certificate;  and,  on 
failure  or  refusal  of  such  said  person  to  produce 
the  same,  he  shall  at  once  report  the  facts,  on  oath, 
to  the  nearest  .justice  of  the  peace,  or  police  judge, 
or  judge  of  any  superior  court,  who  shall,  if  in  his 
judgment  good  cause  is  shown,  issue  his  warrant 
for  the  arrest  of  said  Chinese  person,  and  proceed 
to  examine  or  try  the  defendant  upon  said  charge. 

Sec.  21.  Whenever  it  shall  appear  to  any  court 
having  jurisdiction  of  any  case  under  this  act,  that, 
upon  the  testimony,  the  defendant  has  failed  to 
provide  himself  or  herself  with  the  certificate  as 
set  forth  in  this  act,  for  cause,  or  from  reasonable 
circumstances  over  which  he  or  she  had  no  control, 
then  and  in  such  cases  the  judgment  of  the  court 
shall  be  that  such  Chinese  person  shall  pay  all 
costs  of  such  investigation,  and  at  that  time,  with- 
out delay,  proceed  to  register  and  procure  a  cer- 
tificate as  provided  for  in  this  act;  and  provided 
further,  that  should  the  defendant  fail,  on  demand 
of  the  court,  to  comply  with  the  judgment  of  the 
same,  under  the  provisions  of  this  act,  then  and  in 
such  cases  the  penalty  shall  be  the  same  as  pro- 
vided for  in  other  cases,  and  the  award  to  the  in- 
formant shall  be  the  same  as  in  other  cases;  pro- 
vided, that  when  sufficient  excuse  is  shown  for  not 
having  registered,  and  such  registration  is  made, 
no  penalty  shall  be  inflicted  except  the  payment  of 
costs. 

Sec,  22.  Any  person  whose  race  or  nationality 
precludes  him  from  being  naturalized  under  the 


Chinese.  61 

laws  of  the  United  States,  or  under  the  laws  of 
this  State,  found  guilty  of  a  violation  of  any  law  of 
this  State,  or  of  any  ordinance  of  a  municipality 
of  this  State,  other  than  a  capital  offense,  shall  be 
deemed  and  adjudged  as  having  forfeited  all  right 
and  privilege  to  remain  within  the  State,  and  it 
shall  be  the  duty  of  the  court  trying  the  cause  to 
pass  sentence  of  deportation  as  in  other  cases  pro- 
vided for  in  this  act,  to  be  executed  after  he  shall 
have  satisfied  the  penalty  of  fine  and  imprison- 
ment, or  either,  for  violation  of  such  law  of  this 
State,  or  ordinance  of  any  municipality  of  the 
same;  provided,  that  the  court  trying  said,, cause 
may,  in  its  discretion,  pass  such  sentence  of  de- 
portation in  the  first  instance  as  the  only  penalty. 

Sec.  23.  Any  person  who  shall  knowingly  and 
falsely  alter  or  substitute  any  name  for  the  name 
written  in  any  certificate  herein  registered,  or 
forge  such  certificate,  or  iinowingly  utter  any  forg- 
ed or  fraudulent  certificate,  or  falsely  personate 
any  person  named  in  any  such  certificate,  and  any 
person  other  than  the  one  to  whom  a  certificate 
was  issued  who  shall  falsely  present  any  such  cer- 
tificate, shall  be  deemed  guilty  of  a  felony,  and  up- 
on conviction  thereof  shall  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  and  imprisoned  in 
the  State  penitentiary  for  a  term  of  not  more  than 
five  years. 

Sec.  24.  For  the  purpose  of  carrying  out  the 
provisions  of  this  act,  it  is  hereby  provided,— 

Subdivision  1.  That  the  commissioner  of  the  bu- 
reau of  labor  statistics  shall  have  for  his  services 
to  be  rendered  in  carrying  out  this  act  the  sum  of 
two  thousand  ($2,000)  dollars  per  annum,  payable 
out  of  the  Chinese  fund  in  this  act  created  and  pro- 
vided for. 

Subdivision  2.  The  commissioner  of  the  bureau 
of  labor  statistics  may,  with  the  concurrence  and 
consent  of  the  Governor,  appoint  such  deputies  as 
may  be  deemed  by  them  necessary  to  carry  out  the 
provisions  of  this  act,  and  that  such  deputies  shall 
receive  such  compensation  as  may  be  fixed  by  the 
State  Board  of  Examiners,  not  to  exceed  the  sum 
of  one  dollar  for  each  certificate  issued,  in  full  com- 
pensation for  their  services  as  such  deputies,  to  be 
charged  to  the  Chinese  fund  hereinbefore  specified. 

Subdivision  3.  All  claims  arising  out  of  and  inci- 
Gen.  Laws^6. 


G2      City  and  County  Attorneys— Civil  Riglits. 

dent  in  carrying  out  the  provisions  of  tliis  act  stiall 
be  presented  tlie  same  as  other  claims  against  the 
State,  and  audited  and  passed  on  by  the  State 
Board  of  Examiners,  and  paid  on  warrants  drawn 
by  the  controller  upon  the  Chinese  fund. 

Sec.  25.    This  act  shall  take  effect  from  and  after 
its  passage. 


TITLE  40. 

CITY  AND  COUNTY  ATTORNEYS. 

Acts  relating  to,  see  Political  Code,  Appendix, 
title  City  and  County  Attorneys,  p.  958. 


TITLE  41. 

CIVIL  RIGHTS. 

An  Act  to  protect  all  citizens  in  their  civil  and  legal 
rights. 

[Stat,  approved  March  13,  1897;   Stats.  1897,  chap, 
cviii.] 

Section  1.  That  all  citizens  within  the  jurisdic- 
tion of  this  State  shall  be  entitled  to  the  full  and 
equal  accommodations,  advantages,  facilities,  and 
privileges  of  inns,  restaurants,  hotels,  eating-hous- 
es, barber-shops,  bath-houses,  theaters,  slvating- 
rinlis,  and  all  other  places  of  public  accommoda- 
tion or  amusement,  subject  only  to  the  conditions 
and  limitations  established  by  law  and  applicable 
alike  to  all  citizens. 

Sec.  2.  Whoever  shall  violate  any  of  the  provi- 
sions of  the  foregoing  section,  by  denying  to  any 
citizen,  except  for  reasons  applicable  alike  to  ev- 
ery race  or  color,  and  regardless  of  race  or  color, 
the  full  accommodations,  advantages,  facilities, 
and  privileges  in  said  section  enumerated,  or  by 
aiding  or  inciting  such  denial,  or  whoever  shall 
make  any  discrimination,  distinction,  or  restriction 
on  account  of  color  or  race,  or  except  for  good 
cause,  applicable  alike  to  all  citizens  of  every  color 
or  race  whatever,  in  respect  to  the  admission  of 


Codes.  63 

auy  citizen  to,  or  his  treatment  in,  any  inn,  res- 
taurant, hotel,  eating-house,  barber-shop,  bath- 
house, theater,  slvating-rinli,  or  other  public  place 
of  amusement  or  accommodation,  whether  such 
place  be  licensed  or  not,  or  whoever  aids  or  incites 
such  discrimination,  distinction,  or  restriction, 
shall,  for  each  and  every  such  offense,  shall  be 
liable  in  damages  in  an  amount  not  less  than  fifty 
dollars,  which  may  be  recovered  in  an  action  at 
law  brought  for  that  purpose. 

Sec.  3.    All  laws  or  parts  of  laws  in  conflict  with 
this  law  are  hereby  repealed. 


TITLE  42. 

CODES. 

The  legislation  concerning  the  preparation,  tak- 
ing effect  of,  publication  of,  and  applying  of  the 
Codes  and  statutes  in  force  can  be  found  in  Deer- 
ing's  Annotated  Penal  Code,  p.  442,  et  seq. 

An  Act  to  create  and  establish  a  commission  foi 
revising,  systematizing,  and  reforming  the  laws 
of  this  State,  and  for  the  appointment  of  the 
members  of  said  commission,  to  be  known  as 
"The  Commissioners  for  the  Revision  and  Re- 
form of  the  Law,"  and  to  prescribe  their  pow- 
ers and  duties;  and  to  authorize  the  appoint- 
ment of  a  secretary  and  stenographer  therefor; 
and  to  provide  for  the  compensation  and  ex- 
penses of  said  commission,  secretary,  and  sten- 
ographer, and  to  appropriate  money  therefor. 

[Approved  March  28, 1895;  Stats.  1895,  chap,  ccxxii. 
In  effect  immediately.] 

The  commission. 

Section  1.  A  non-partisan  commission,  consist- 
ing of  three  persons  as  hereinafter  designated,  is 
hereby  created  and  established,  for  the  purposes  of 
revising,  compiling,  correcting,  amending,  system- 
atizing, improving,  and  reforming  the  laws  of  this 
state,  for  the  advancement  and  welfare  of  the  peo- 
ple thereof. 


64  Codes. 

Qualifications  of  members. 

Sec.  2.  The  members  of  said  commission  shall 
be  linown  and  designated  as  "The  Commissioners 
for  the  Revision  and  Reform  of  the  Law,"  and  the 
term  of  ofiice  shall  be  two  (2)  years  from  and  after 
the  first  day  of  April,  eighteen  hundred  and  nine- 
ty-five. They  shall  not  belong  to  the  same  political 
party,  but  shall  be  members  of  the  legal  profes- 
sion who  have  for  more  than  five  years  prior  to 
their  appointment  been  engaged  in  the  practice  of 
law  in  this  state,  and  admitted  to  practice  before 
the  supreme  court.  Each  shall  be  appointed  from 
and  represent  a  separate  portion  of  the  state. 
Manner  of  appointment. 

Sec.  3.  Said  commissioners  shall  be  appointed 
by  the  governor  within  ten  days  from  the  passage 
of  this  act.  In  case  of  a  vacancy  or  vacancies  in 
said  commission  by  death,  resignation,  removal,  or 
otherwise,  a  successor  or  successors  to  fill  such  va- 
cancy or  vacancies  for  the  unexpired  term  shall  be 
appointed  in  like  manner. 
Notice  of  appointment. 

Sec.  4.  The  secretary  of  state  shall,  after  the 
passage  of  this  act  and  the  appointment  of  such 
commissioners,  immediately  notify  each  appointee 
thereof,  and  issue  to  each  appointee  a  commission, 
under  the  great  seal  of  this  state,  notifying  him  of 
the  passage  of  said  act  and  of  his  appointment  by 
the  governor.  Each  appointee  shall  immediately 
upon  receiving  said  notice  of  his  appointment,  if  he 
accepts  the  same,  tal^e  and  subscribe  an  oath  of 
office,  M^hich  shall  be  filed  in  the  ofiice  of  the  secre- 
tary of  state. 
Organization  of  commission. 

Sec.  5.  The  commission  shall  hold  its  sessions  in 
a  room  to  be  provided  by  the  secretary  of  state, 
in  the  state  capitol,  and  shall  enter  upon  the  dis- 
charge of  its  duties  immediately  after  its  organ- 
ization. Said  commissioners  shall  select  and  adopt 
a  suitable  seal  for  the  authentication  of  their  acts, 
records,  and  proceedings,  and  adopt  and  provide 
for  the  publication  of  such  reasonable  and  proper 
rules  and  regulations  for  the  conduct  of  the  busi- 
ness of  said  board,  and  for  the  promotion  of  the 
objects  intended  to  be  advanced  by  this  act.  They 
shall,   thereupon,  select  and  appoint  a  secretary 


Codes.  65 

and  stenographer,  to  hold  office  during  the  pleasure 
of  said  board,  who  shall  attend  all  the  sittings  of 
said  board,  and  act  under  its  supervision. 
Powers  and  duties. 

Sec.  6.  1.  It  shall  be  the  duty  of  said  commis- 
sioners to  revise  and  examine  the  Political  Code, 
the  Civil  Code,  the  Code  of  Civil  Procedure,  and 
the  Peual  Code  of  the  state  of  California. 

2.  To  revise  and  examine  all  the  statutes  of  this 
state  that  have  been  or  shall  hereafter  be  passed 
by  the  legislature  thereof  and  published  by  the 
state. 

3.  They  shall  ascertain,  determine,  and  desig- 
nate, according  to  their  best  judgment,  those  stat- 
utes now  in  force,  and  those  expressly  or  by  im- 
plication repealed. 

4.  They  shall  note  and  designate  the  errors,  de- 
fects, or  omissions,  verbal,  grammatical,  or  other- 
wise, and  suggest  what  will  be  necessary  to  sup- 
ply, correct,  or  amend  the  same,  and  such  improve- 
ments as  shall  introduce  precision  and  clearness 
into  the  wording  of  the  codes  and  statutes. 

5.  All  or  any  of  the  reports,  records,  or  proceed- 
ings of  said  commission  shall  be  printed  by  the 
state  printer,  on  the  requisition  of  said  board,  when 
so  ordered  and  directed  by  said  board. 

6.  Said  board  shall  have  power  to  order  the 
state  printer  to  print  and  deliver  to  the  secretary 
of  said  board  such  number  as  said  board  may  des- 
ignate of  any  report,  record,  or  proceedings  of  said 
board. 

7.  Said  commissioners,  or  either  of  them,  upon 
the  request  of  the  legislature,  or  a  duly  appointed 
committee  thereof,  shall  attend  at  the  capitol  dur- 
ing the  sitting  of  said  session  of  the  legislature, 
and  act  as  legislative  counsel  or  adviser,  in  draft- 
ing or  passing  upon  the  form  of  any  bill,  or  pro- 
posed bill,  pending  or  to  be  introduced  before  the 
legislature;  and  also,  when  requested,  give  advice 
to  said  legislature,  or  such  committee,  as  to  the 
form  of  any  proposed  legislation,  and  its  effect 
upon  existing  laws,  and  as  to  whether  said  bill,  as 
drawn  and  presented,  is  so  constructed  and  word- 
ed as  to  carry  out  the  purpose  intended. 

8.  Thirty  days  prior  to  every  session  of  the  leg- 
islature, said  board  shall  make  and  fi.le  with  the 


66  Codes. 

secretary  of  state  a  report  of  their  transactions  re- 
lating to  legislative  matters,  or  whicli  would  give 
any  information  or  linowledge  to  said  legislature 
as  to  legislation  in  the  past,  and  as  to  the  policy 
for  future  legislation.  And  they  shall  also  report 
to  said  legislature  such  suggestions  as  they  deem 
proper  for  the  promotion  of  the  public  welfare  and 
the  best  interests  of  the  state,  or  any  locality  or 
citizens  thereof,  and  file  therewith  schedules  or  ex- 
hibits, showing  the  form  or  substance  of  all  pro- 
posed legislation  which  they  recommend.  And 
they  shall  suggest  all  such  improvements  as  shall 
conduce  to  precision  and  clearness  in  the  wording 
of  the  codes  and  statutes,  and  propose  such  meas- 
ures as  may  be  necessary  to  improve  or  give  unity 
and  completeness  .to  the  system  of  the  laws  of  this 
state.  Said  reports,  schedules,  and  exhibits  shall 
be  printed  by  the  state  printer,  upon  the  requisi- 
tion and  under  the  supervision  of  the  commission- 
ers. They  shall  be  so  printed  as  to  show,  in  the 
readiest  manner,  the  changes  proposed  by  the 
commission,  and  in  those  cases  wherein  it  shall  re- 
commend the  repeal  of  a  law,  and  propose  a  sub- 
stitute therefor,  such  law  and  substitute  shall  be 
printed  in  the  manner  most  convenient  for  compar- 
ison. 

9.  Said  board  shall  at  all  such  times  as  they 
may  designate  by  rules  and  regulations  which 
they  may  adopt,  sit  in  open  session  and  hear  such 
printed  or  oral  arguments  as  may  be  addressed  to 
them,  for  or  against  any  proposed  or  existing  leg- 
islation. All  such  sessions  of  the  board  shall  be 
open  to  the  public,  and  a  record  of  all  proceedings 
shall  be  kept  and  preserved  by  the  secretary  of 
said  board. 
Compensation. 

Sec.  7.  1.  Said  commissioners  shall  receive  for 
their  services,  from  the  state,  the  sum  of  four 
thousand  dollars  each  per  annum;  such  compensa- 
tion shall  be  paid  in  the  same  manner  as  the  sala- 
ries of  the  justices  of  the  supreme  court  are  now 
paid. 

2.  The  secretary  of  the  commission  shall  receive 
the  sum  of  two  hundred  dollars  ($200)  per  month, 
and  the  stenographer  one  hundred  dollars  ($100) 
per  month,  payable  in  like  manner  as  the  salaries 
are  paid  to  the  members  of  said  commission. 


Colleges.  67 

3.  The  expenses  incurred  by  said  commission,  or 
the  members  thereof,  exclusive  of  salaries,  shall  be 
set  forth  in  detail  in  an  itemized  statement,  and 
thereupon  a  requisition  shall  be  made  by  said 
board  of  commissioners  upon  the  state  controller, 
accompanied  by  the  sworn  certificates  of  all  the 
commissioners  that  the  services  have  been  per- 
formed and  the  materials  used  or  things  furnished, 
and  that  said  sums  are  justly  due, 

4.  And  said  state  controller  is  hereby  directed  to 
draAV  his  warrant  on  the  treasurer  for  the  payment 
of  said  salaries,  when  due  and  payable,  as  herein 
provided.  And  also  for  such  sums  as  are  covered 
by  said  requisitions,  and  the  treasurer  is  hereby 
directed  to  pay  the  same  out  of  any  money  not  oth- 
erwise appropriated. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force 
from  and  after  the  (iate  of  its  passage. 


TITLE  43. 

COLLEGES. 

See  Education. 

Acts  relating  to:  See  University  of  California. 

The  Civil  Code  provides  for  the  incorporation  of 
colleges  and  seminaries  of  learning  (sees.  649-651). 
As  there  may,  however,  be  some  doubt  as  to  how 
far  the  old  laws  are  affected,  it  is  deemed  proper 
to  refer  to  the  legislation,  and  at  the  same  time 
call  attention  to  provisions  to  be  found  in  sections 
330  and  4478  of  the  Political  Code,  and  20  and  286 
of  the  Civil  Code. 

The  old  laws  on  the  subject  of  colleges  will  be 
found  collated  in  "General  Laws,"  sec.  573,  and 
"Supplement,"  sees.  7455,  7759. 

See  also: 

An  act  supplementary  to  an  act  entitled  "An  act 
to  provide  for  the  incorporation  of  colleges,  ap- 
proved April  20,  1850,"  approved  January  8,  1872; 
1871-2,  10. 


68       Columbian  Exposition— Colusa  County. 


An  act  to  amend  the  last-named  act,  approved 
February  7,  1874;  1873-4,  85. 

There  is  also  an  act  entitled  "An  act  to  confer 
further  powers  and  privileges  on  the  trustees  of 
the  Los  Nitos  collegiate  institute,"  approved  March 
11,  1874;  1873-4,  341.  This  is  unquestionably  in 
force;  but  being  special  in  its  character,  it  is  omit- 
ted. 


An  act  expressing  assent  of  the  state  of  Califor- 
nia to  the  act  of  congress,  approved  August 
thirtieth,  eighteen  hundred  and  ninety,  entitled 
"An  act  to  apply  a  portion  of  the  proceeds  of 
the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  estab- 
lished under  the  provisions  of  an  act  of  con- 
gress, approved  July  second,  eighteen  hundred 
and  sixty-two,"  and  to  the  purposes  of  the 
grants  of  moneys  authorized  thereby,  and  to 
all  the  provisions  thereof. 

[Approved  March  31,  1891;  Statutes  1891,  p.  458.] 

The  object  of  the  act  sufficiently  appears  from 
the  title. 


TITLE  44. 
COLUMBIAN  EXPOSITION. 

See  post,  World's  Exhibitions. 

TITLE  45. 
COLUSA  COUNTY. 

For  a  reference  to  local  acts  relating  to  Colusa 
county,  see  Deering's  Annotated  Penal  Code,  pp. 
449,  450. 


Congressional— Contagious  Diseases.         69 

TITLE  46. 

CONGRESSIONAL  DISTRICTS. 

An  act  to  divide  the  State  of  California  into  con- 
gressional districts. 

[Approved  March  11,  1891;  Statutes  1891,  p.  84.] 

Consult  statutes  of  1891  for  the  act. 


TITLE  47. 
CONSTABLES. 

Acts  relating  to:  See  Political  Code,  Appendix, 

title,  Constables,  p.  958. 


TITLE  48. 

CONSTITUTION. 

An  act  to  provide  for  a  convention  to  frame  a  new 

constitution  for  the  state  of  California. 

[Approved  March  30,  1878;  1877-8,  759.] 

The  purpose  of  the  act  appears  from  the  title. 


TITLE  49. 
CONTAGIOUS  DISEASES  AMONG  SHEEP. 

An  act  authorizing  and  empowering  the  boards  of 
supervisors  of  the  several  counties  of  the  state 
to  prevent  and  eradicate  infectious  and  con- 
tagious diseases  among  sheep,  to  provide  for 
the  appointment  of  a  sheep  commissioner,  and 
to  define  the  duties  and  powers  of  commis- 
sioner. 

[Approved  March  16,  1889;  1889,  216.] 

Appointment  of  sheep  commissioner. 
Section  1.    Whenever  a  petition  shall    be     filed 


70  Contra  Costa  County— Contracts. 

with  the  board  of  supervisors  of  any  county  in  this 
state,  signed  by  not  less  than  fifty  resident  free- 
holders of  such  county,  praying  for  the  appoint- 
ment of  the  commissioner  herein  named,  said 
board  may,  if  deemed  advisable,  appoint  some 
competent  person,  a  resident  of  the  county,  who 
shall  act  and  be  known  as  sheep  commissioner, 
whose  duties  and  powers,  which  are  to  be  exercised 
in  the  prevention  and  eradication  of  contagious 
diseases  among  sheep,  shall  be  defined  and  deter- 
mined by  said  board;  and  the  fees  and  compensa- 
tion of  such  commissioner,  only  to  be  charged 
when  he  is  actually  and  necessarily  engaged  in  the 
performance  of  his  duties,  shall  be  paid  out  of  the 
treasury  of  said  county  as  claims  against  counties 
are  now  paid,  and  be  fixed  by  said  board  at  the 
time  of  such  appointment. 
Sec.  2.    This  act  shall  take  effect  immediately. 


TITLE  50. 
CONTRA  COSTA  COUNTY. 

A  reference  to  special  acts  relating  to  Contra 
Costa  county  can  be  found  in  Deering's  Penal 
Code.  pp.  455-457. 

TITLE  51. 

CONTRACTS. 

An  act  to  provide  for  the  letting  of  contracts  for 
lighting  of  streets  and  public  buildings  in  cities 
and  towns  in  the  state  of  California. 

Section  1.  Before  any  city  or  town  in  the  state 
of  California  shall  enter  into  any  contract  for  the 
lighting  of  its  streets,  or  public  buildings,  or  other 
public  places,  the  city  council  or  trustees,  or  other 
governing  body  of  such  city  or  town,  shall  adver- 
tise for  bids  for  such  lighting,  and  cause  a  notice 
to  be  posted  in  three  public  places  in  the  city  or 
town,  inviting  sealed  proposals  for  doing  such 
lighting,  referring  to  the  specifications  posted  or 
on  file.    The  advertisements  for  bids  shall  be  pub- 


Contracts.  71 

lished  for  ten  days,  in  the  newspaper  designated 
by  such  city  or  town  as  its  otticial  paper,  in  which 
other  legal  notices,  orders,  and  ordinances  are  re- 
quired to  be  published,  if  there  be  any  such  offi- 
cial paper;  but  if  there  be  no  such  official  paper, 
then  such  advertisements  for  bids  shall  be  pub- 
lished in  any  newspaper  of  general  circulation  de- 
signated by  such  city  council,  trustees,  or  other 
governing  body;  provided,  that  any  city  or  town 
of  less  than  ten  thousand  inhabitants  may  contract 
for  street  lighting  at  a  price  of  ten  dollars  per 
month  or  less  for  each  light  of  two  thousand 
candle  power  without  complying  with  the  terms 
of  this  act.  [Amendment  approved  March  27, 
1897,  chap,  cliii.     In  effect  immediately.] 

Sec.  2.  All  contracts  for  the  lighting  of  streets, 
public  buildings,  and  other  public  places,  after 
bids  have  been  advertised  for  and  notice  given, 
as  provided  in  section  one  of  this  act,  shall  be  let 
to  the  lowest  responsible  bidder.  The  city  coun- 
cil, trustees,  or  other  governing  body  of  such  city 
or  town  may  reject  any  and  all  the  bids. 

Sec.  3.  Each  bid  shall  be  accompanied  by  a 
check,  payable  to  the  order  of  the  mayor  or  pres- 
ident, or  other  chief  officer  of  such  city  or  town, 
and  certified  by  a  responsible  bank,  for  at  least 
ten  per  cent  of  the  amount  of  the  bid,  or  by  a 
bond  for  said  amount,  signed  by  the  bidder  and 
two  sureties,  who  shall  qualify  under  oath  in  dou- 
ble said  amount,  over  and  above  all  statutory  ex- 
emptions. Said  bids  shall  be  delivered  in  a  sealed 
envelope  to  the  clerk  of  said  city  council,  trustees, 
or  other  governing  body,  and  said  city  council, 
trustees,  or  other  governing  body  shall,  in  open 
session,  open  said  bids,  examine,  and  publicly  de- 
clare the  same.  If  none  of  said  bids  are  accepted, 
a  re-advertisement  and  notice  for  bids  for  such 
lighting  shall  then  be  had  as  provided  for  in  the 
first  instance.  If  any  of  said  bids  are  accepted, 
then  such  city  council,  trustees,  or  other  govern- 
I  ing  body  of  such  city  or  town,  shall  enter  into  a 
contract  with  the  bidder  whose  bid  is  accepted,  to 
:  do  such  lighting,  which  contract  shall  embody  the 
I  specifications  and  terms  for  such  lighting  placed 
j  on  file  before  any  bids  are  advertised  for.    But  no 


72       Con'trollers— Co-operative  Associations. 

contract  shall  be  made  for  a  longer  period  than 
one  year,  and  every  such  contract  shall  go  into  ef- 
fect within  six  months  after  the  bid  is  approved. 
Any  checlv  or  bond  accompanying  any  unaccepted 
bid  shall  be  returned  to  the  party  furnishing  the 
same,  when  his  bid  is  rejected;  any  check  or  bond 
accompanying  any  accepted  bid  shall  be  retained 
by  the  clerli  till  the  successful  bidder  shall  have 
entered  into  a  contract  as  herein  provided,  and 
then  be  returned  to  said  bidder;  but  if  such  bidder 
shall  refuse  to  enter  into  such  contract,  his  check 
or  bond  shall  be  declared  forfeited  to  such  city 
or  town,  and  shall  be  collected  and  paid  into  the 
general  fund  thereof. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage.  [Stat,  approved  March 
26,  1895;  Statutes,  1895,  p.  191.] 


TITLE  52. 
CONTROLLERS. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title,   Controllers,  p.  958. 

See,  also,  act  authorizing  additional  clerk  for, 
approved  March  20,  1895,  Stats.  1895,  p.  67. 


TITLE  53. 

CONVICTS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  title. 
Convicts,  p.  524. 


TITLE  54. 

CO-OPERATIVE  ASSOCIATIONS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Co-operative  Associations,  p.  742  et  seq. 


Coroners— Corporations.  73 

TITLE  55. 

CORONERS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  title, 
Coroners,  p.  525. 

TITLE  56. 
CORPORATIONS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Corporations,  p.  750  et  seq.;  Penal  Code,  Appendix, 
title.  Corporations,  p.  541. 

The  law  in  reference  to  the  formation,  powers, 
privileges,  obligations,  and  incidents  of  corpora- 
tions will  be  found  in  the  Civil  Code,  sees.  283-648, 
inclusive,  which  seems  to  have  superseded  all  the 
old  laws  upon  the  same  subject.  By  operation, 
however,  of  section  288,  the  old  laws  remain  in 
force  in  so  far  as  applicable  to  certain  corpora- 
tions formed  previous  to  January  1,  1873,  therein 
referred  to.  They  are,  therefore,  now  to  be  con- 
sidered only  as  special  in  their  character.  They 
will  be  found  collected  and  collated  in  "General 
Laws,"  sec.  746,  and  "Supplement,"  sec.  7611. 

In  addition  to  the  statutes  collected  and  collated 
as  above  mentioned,  the  following  later  enact- 
ments, in  addition  to  those  Inserted  in  the  Civil 
Code,  may  be  referred  to: 

An  act  to  amend  an  act  entitled  "An  act  to  pro- 
vide for  the  formation  of  corporations  for  the  ac- 
cumulation and  investment  of  funds  and  savings, 
approved  April  11,  1862,"  approved  February  21, 
1872;  1871-2,  132. 

An  act  to  amend  an  act  entitled  "An  act  con- 
cerning street  railroads,  approved  March  29,  1870," 
approved  March  23,  1872;  1871-2,  515. 

An  act  to  amend  an  act  entitled  "An  act  to  pro- 
vide for  the  formation  of  corporations  for  certain 
Gen.  Laws— 7. 


74  Costs— Counties. 

purposes,  approved  April  14,  1853,"  approved 
March  23,  1872;  1871-2,  526.  Tliis  act  was  in  refer- 
ence to  manufacturing,  mining,  and  other  business 
corporations,  and  provides  for  the  filing  of  certified 
certificates  in  the  counties  in  which  they  were  to 
carry  on  business. 

An  act  concerning  assessments  upon  the  stock 
of  corporations  (relating  to  collection  of  assess- 
ments of  the  "Southern  District  Agricultural  Asso- 
ciation"), approved  March  27,  1872;  1871-2,  626. 

An  act  supplemental  to  an  act  entitled  "An  act 
to  authorize  the  incorporation  of  canal  companies, 
and  to  provide  for  the  construction  of  canals  and 
ditches,  approved  April  2,  1870,"  approved  March 
30,  1872;  1871-2,  732.  This  act  applies  only  to  Te- 
hama county. 

An  act  to  authorize  the  Mutual  Life  Insurance 
Company  of  New  York  and  the  Equitable  Life  As- 
surance Company  of  the  United  States  to  invest 
moneys  in  real  and  personal  estate  within  the  lim- 
its of  California,  approved  March  28,  1874;  1873-4, 
777. 


TITLE  57. 

COSTS. 

Acts  relating  to:  See  Code  of  Civil  Procedure,  Ap- 
pendix, title,  Costs,  p.  790;  Penal  Code,  Appendix, 
title.  Costs,  p.  542. 

TITLE  58. 

COUNTIES. 

An  act  to  provide  for  the  transfer  of  certain 
moneys  from  one  county  to  another,  when  a 
new  county  has  been  formed  and  organized. 

Section  1.  AVhenever  a  new  county  has  been 
formed  within  the  state,  it  shall  be  the  duty  of  the 
treasurer  of  the  county  or  counties  out  of  whose 


County  Boundaries.  75 

territory  said  new  county  shall  have  been  form- 
ed to  immediately  cause  to  be  transferred  to  the 
county  treasurer  of  the  new  county  thus  formed 
all  moneys  standing  to  the  credit  of  or  belonging 
to  any  road  or  school  district,  the  territory  com- 
prising which  has  been  segregated  from  such  old 
county,  and  which  is  included  in  the  boundaries  of 
such  new  county. 

Sec.  2.  Whenever,  in  the  formation  of  a  new 
county,  a  road  or  school  district  has  been  divided, 
the  board  of  supervisors  shall,  by  order,  direct  the 
treasurer  to  transfer  a  proportionate  amount  of 
the  moneys  remaining  in  the  fund  of  such  district 
to  the  treasurer  of  the  new  county. 

Sec.  3.  This  act  shall  be  held  to  apply  express- 
ly to  counties  heretofore  divided  and  new  counties 
created  from  the  territory  of  the  same,  when  no 
provision  was  made  in  the  act  creating  such  coun- 
ty for  the  transfer  of  the  moneys  herein  provided 
to  be  made. 

Sec.  4.  A  compliance  with  the  provisions  of  this 
act  shall  be  a  full  and  complete  settlement  of  all 
demands  which  the  new  county  had  against  the 
old  county  or  counties. 

Sec.  5.  This  act  shall  take  effect  immediately. 
[Approved  March  23,  1893;  Stats.  1893,  p.  235.] 

Particular  counties:  See  Particular  Title. 


TITLE  59. 
COUNTY  BOUNDARIES. 
Consult  the  following  acts: 

An  act  to  change  and  permanently  locate  the 
boundary  line  between  the  counties  of  Butte 
and  Yuba. 

[Stat,  approved  February  25,  1897;  Stats.     1897, 

chap,  xxvi.] 

An  act  to  more  clearly  define  the  boundary  line  be- 
tween the  counties  of  Lalie  and  Yolo,  in  the 
state  of  California. 

[Approved  April  1,  1872;  Statutes  1871-2,  p.  903.] 


76  County  Clerks. 

An  act  to  better  define  the  boundary  line  of  Mar-     I 

iposa  and  Fresno  counties. 
[Approved  April  1,  1872;  Statutes  1871-2,  p.  891. 

Amended  February  11,  1874;  Statutes  1873-4,  p. 

100.] 

An  act  providing  for  the  survey  of  the  line  form- 
ing a  portion  of  the  southern  boundary  of  Sis- 
kiyou county  and  the  northern  boundary  of 
Lassen  county. 

[Approved   April   1,   1873;   Stats.   1871-2,   p.   886.] 

An  act  to  define  the  northern  boundary  line  of 
Napa  county,  adjoining  Lake  and  Yolo  coun- 
ties. 

[Approved  March  8,  1872;  Stats.  1871-2,  p.  305.] 

An  act  to   change  and   permanently  locate     the 
boundary  lines  between  the  counties  of  San 
Luis  Obispo  and  Kern. 
[Approved  March  14,  1885;  Stats.  1885,  p.  139.] 

An  act  to  change  and  permanently  locate  the 
boundary  lines  between  the  counties  of  Glenn 
and  Colusa. 

[Approved  March  11,  1893;    Stats.  1893,  p.  158.] 

"An  act  to  establish  the  county  line  between  the 
counties  of  Fresno  and  Tulare."  [Stats.  1875-6,  p. 
397.     Approved  March  23,  1876.] 

An  act  to  change  and  permanently  locate  the 
boundary  line  between  the  counties  of  Sliasta 
and  Lassen.     Stats.  1899,  ch.  82. 


TITLE  60. 

COUNTY  CLERKS. 

Acts  relating  to:  See  Political  Code,  Appendix,  ti- 
tle, County  Clerks,  p.  958. 


County  Government.  77 

TITLE  61. 

COUNTY   GOVERNMENT. 

§    1.    Counties  are  bodies  politic. 

§    2.    Powers    exercised   by    agents. 

§    3.    Names  of. 

§§  4-5.    Powers. 

§    6.    Contracts  and  acts  in  violation  of  act. 

§    7.     Officers  violating  provisions  of  act. 

§    8.    Money  paid  without  authority,  recovery  of. 

§    9.    Instructions  to  grand  jury. 

§  10.    Population  of  counties. 

§  11.    County  seats. 

§  12.     Removal  of  county  seats. 

§  13.     Ordinance,   submission  of. 

§§  14-19.     Supervisors. 

§  20.    Clerk   of  board. 

§  21.    Records  of  board. 

§§  22-24.    Meetings  of  board. 

§§  25-53.     General  powers. 

§  54.    Eligibility   of   officers. 

§  55.     County  officers. 

§  56.     Township   officers. 

§  57.    Notice,  publication  of. 

§  58.    Election  of  officers. 

§  59.     Deputies.  • 

§  60.     Officer  includes  deputy. 

§  61.     Residence  and  office  hours. 

§  62.    Liability  of  sureties. 

§  63.     Oaths,    who   may   administer. 

§  64,    Absence  of  officer  from  state. 

§  65.    What   officers   not   to   practice   law. 

§  65.    What  officers  not  to  act  as  notaries, 

§  66.    Bonds  of  officers. 

§§  67-87.    Treasurers. 

§  88.    Process  and  notice,  definitions  of. 

§§  89-106.     Sheriffs. 

§§  107.  108.    County   Clerks. 

§§  109-118.    Auditors. 

§§  119-131.     Recorders. 

§§  132-134.     District  Attorney. 

§§  135-141.     Surveyor. 

§§  142-147.     Coroners. 

§  148.    Assessor. 

§  149.    Tax   Collector. 

§  150.     School   Superintendent. 

§§  151,  152.    Public  Administrator, 

§§  153,   154.    Constables. 

§  155.    Justices   of   the   Peace. 

§§  156,   220.    Salaries. 


78  County  Government. 

§  157.     Classification. 
§§  158-215.    Compensation   of   officers. 
§§  216-225,  227.     Fees. 

§  226.    Services  performed  by  successor. 
§  228.     County   Charges. 
§§  229,  230.     Costs  on  removal  of  officers. 
§  231.    New  counties,   organization  of— reduction  of  popula- 
tion. 
§  232.    Repeal  of  inconsistent  acts, 
§  233.    Salaries    of   incumbents. 
§  234.    In   effect,    when. 

An  act  to  establish  a  uniform  system  of  county 
and  township  governments. 

[Stat,  approved  April  1,   1897;     Stats.     1897,    ch. 
cclxxvii.] 

Section  1.  The  several  counties  of  this  state,  as 
they  now  exist,  and  such  other  counties  as  may  be 
hereafter  organized,  according  to  law,  are  bodies 
corporate  and  politic,  and  as  sucli  have  the  pow- 
ers specified  in  this  act,  and  such  other  powers  as 
are  necessarily  implied. 

Sec.  2.  Their  powers  can  only  be  exercised  by 
the  board  of  supervisors,  or  by  agents  and  officers 
acting  under  their  authority,  or  authority  of  law. 

S,ec.  3.  The  name  of  a  county  designated  in 
the  law  creating  it  is  its  corporate  name,  and  it 
must  be  designated  thereby  in  all  actions  and  pro- 
ceedings touching  its  corporate  rights,  property, 
and  duties. 

Sec.  4.    It  has  power: 

1.  To  sue  and  be  sued. 

2.  To  purchase  and  hold  land  within  its  limits. 

3.  To  malie  such  contracts  and  purchase  and 
hold  such  personal  property  as  may  be  necessary 
to  the  exercise  of  its  powers. 

4.  To  manage  and  dispose  of  its  property  as  the 
interests  of  its  inhabitants  may  require. 

5.  To  levy  and  collect  such  taxes,  for  purposes 
under  its  exclusive  jurisdiction,  as  are  author- 
ized by  law. 

Sec.  5.  No  county  shall,  in  any  manner,  give 
or  loan  its  credit  to  or  in  aid  of  any  person  or 
corporation.  An  indebtedness  or  liability  incurred 
contrary  to  this  provision  shall  be  void. 

Sec.  6.  All  contracts,  authorizations,  allow- 
ances, payments,  and  liabilities  to  pay,  made  or 


County  Government.  79 

attempted  to  be  made  in  violation  of  this  act, 
shall  be  absolutely  void,  and  shall  never  be  the 
foundation  or  basis  of  a  claim  against  the  treas- 
ury of  such  county.  And  all  officers  of  said  coun- 
ty, are  charged  with  notice  of  the  condition  of  the 
treasury  of  such  county,  and  the  extent  of  the 
claims  against  the  same. 

Sec.  7.  Any  officer  authorizing,  or  aiding  to 
authorize,  or  auditing,  or  allowing,  or  paying  any 
claim  or  demand  upon  or  against  said  treasury,  or 
any  fund  thereof,  in  violation  of  any  of  the  pro- 
visions of  this  act,  or  of  the  constitution  of  this 
state,  shall  be  liable  in  person,  and  upon  his  offi- 
cial bond,  to  the  person  or  persons  damaged  by 
such  illegal  authorization,  to  the  extent  of  his  or 
their  loss  by  reason  of  the  non-payment  of  his  or 
their  claims. 

Sec.  8.  Whenever  any  board  of  supervisors 
shall,  without  authority  of  law,  order  any  money 
paid  as  a  salary,  fees,  or  for  any  other  purposes, 
and  such  money  shall  have  been  actually  paid;  or 
whenever  any  county  officer  has  drawn  any  war- 
rant or  warrants  in  his  own  favor,  or  in  favor  of 
any  other  person,  without  being  authorized  by 
the  board  of  supervisors,  or  by  the  law,  and  the 
same  shall  have  been  paid,  the  district  attorney  of 
such  county  is  hereby  empowered,  and  it  is  here- 
by made  his  imperative  duty,  to  institute  suit,  in 
the  name  of  the  county,  against  such  person  or 
persons,  to  recover  the  money  so  paid,  and  twenty 
per  cent  damages  for  the  use  thereof;  and  no  or- 
der of  the  board  of  supervisors  therefor  shall  be 
necessary  to  maintain  such  suit.  When  the  money 
has  not  been  paid  on  such  order  or  warrants,  it  is 
hereby  made  the  imperative  duty  of  the  district 
attorney  of  such  county,  upon  receiving  notice 
thereof,  to  commence  suit,  in  the  name  of  the 
county,  to  restrain  the  payment  of  the  same;  and 
no  order  of  the  board  of  supervisors  shall  be  nec- 
essary in  order  to  maintain  such  suit. 

Sec.  9.  It  shall  be  the  duty  of  the  judge  of  the 
superior  court  of  each  and  every  county,  when- 
ever a  grand  jury  is  impaneled,  to  call  their  atten- 
tion to  the  provisions  of  the  foregoing  sections, 
and  to  instruct  them  to  ascertain,  by  careful  and 
diligent  investigation,  whether  the  provisions  of 
said   sections   have   been   complied   w^ith.   and   to 


80  CouEty  Government. 

note  the  result  of  such  investigation  in  their  re- 
port. 

Sec.  10.  The  population  of  the  several  counties 
of  this  state  is  hereby  ascertained  and  deter- 
mined to  be  and  is  as  follows:  County  of  San 
Francisco,  two  hundred  and  ninety-eight  thou- 
sand two  hundred  and  fifteen;  county  of  Los  An- 
geles, one  hundred  and  twenty-four  thousand 
eight  hundred  and  seventy-five;  county  of  Alame- 
da, one  hundred  thousand  four  hundred  and  fif- 
teen; county  of  Santa  Clara,  fifty-eight  thousand 
two  hundred  and  ninety;  county  of  Sacramento, 
forty-seven  thousand  eight  hundred  and  twenty; 
county  of  Sonoma,  thirty-seven  thousand  three 
hundred  and  forty-five;  county  of  San  Joaquin, 
thirty-six  thousand  six  hundred  and  seventy; 
county  of  San  Diego,  thirty-five  thousand  six 
hundred  and  twenty;  county  of  Fresno,  thirty-five 
thousand  and  eighty;  county  of  San  Bernardino, 
twenty-seven  thousand  five  hundred;  county  of 
Humboldt,  twenty-seven  thousand  two  hundred 
and  fifty-five;  county  of  Solano,  twenty-six  thou- 
sand one  hundred  and  thirty;  county  of  Tulare, 
twenty-four  thousand  one  hundred  and  fifty; 
county  of  Butte,  twenty-two  thousand  seven  hun- 
dred and  seventy;  county  of  Santa  Cruz,  twenty- 
two  thousand  and  fifty-five;  county  of  Nevada, 
twenty-one  thousand  nine  hundred  and  five 
county  of  Mendocino,  twenty-one  thousand  and 
ninety-five:  county  of  Monterey,  twenty  thousand 
six  hundred;  county  of  San  Luis  Obispo,  twenty 
thousand  one  hundred  and  forty;  county  of  Placer, 
eighteen  thousand  nine  hundred  and  eighty-five; 
county  of  Riverside,  eighteen  thousand  four  hun- 
dred; county  of  Santa  Barbara,  eighteen  thousand 
three  hundred  and  ten;  county  of  Napa,  eighteen 
thousand  two  hundred  and  twenty;  county  of 
Yolo,  seventeen  thousand  three  hundred  and  sev- 
enty-five; county  of  Kern,  seventeen  thousand 
three  hundred  and  thirty;  county  of  Contra  Costa, 
seventeen  thousand  two  hundred;  county  of 
Orange,  sixteen  thousand  five  hundred  and  forty; 
county  of  Sislviyou,  sixteen  thousand  one  hundred 
and  ninety;  county  of  Shasta,  sixteen  thousand 
one  hundred  and  forty-five;  county  of  Ventura, 
fourteen  thousand  four  hundred  and  ten;  county 


County  Government.  81 

of  Calaveras,  fourteen  thousand  one  hundred  and 
seventy-five;  county  of  Amador,  thirteen  thousand 
two  hundred  and  fifty;  county  of  El  Dorado,  thir- 
teen thousand  and  forty;  county  of  Stanislaus, 
twelve  thousand  seven  hundred  and  forty-five; 
county  of  San  Mateo,  twelve  thousand  four  hun- 
dred and  fifty;  county  of  Tehama,  eleven  thou- 
sand six  hundred  and  seventy-five;  county  of  Yu- 
ba, eleven  thousand  six  hundred  and  thirty-five; 
county  of  Marin,  eleven  thousand  three  hundred 
and  sixty;  county  of  Colusa,  ten  thousand  five 
hundred  and  ten;  county  of  Tuolumne,  ten  thou- 
sand two  hundred  and  thirty-five;  county  of  Mer- 
ced, nine  thousand  eight  hundred  and  fifteen; 
county  of  San  Benito,  nine  thousand  and  ninety; 
county  of  Kings,  eight  thousand  nine  hundred  and 
thirty-five;  county  of  Sutter,  eight  thousand  five 
hundred  and  sixty-five;  county  of  Madera,  seven 
thousand  nine  hundred  and  seventy-five;  county 
of  Lake,  seven  thousand  six  hundred;  county  of 
Glenn,  seven  thousand  four  hundred  and  forty- 
five;  county  of  Sierra,  six  thousand  five  hundred 
and  forty;  county  of  Plumas,  five  thousand  nine 
hundred  and  seventy;  county  of  Mariposa,  five 
thousand  seven  hundred  and  twenty;  county  of 
Modoc,  five  tliousand  five  hundred  and  sixty-five; 
county  of  Lassen,  five  thousand  three  hundred  and 
thirty;  county  of  Trinity,  four  thousand  nine 
hundred  and  ninety;  county  of  Inyo,  four  thou- 
sand three  hundred  and  sixty;  county  of  Del 
Norte,  three  thousand  four  hundred  and  sixty-five; 
county  of  Mono,  two  thousand  seven  hundred  and 
seventy-five;  county  of  Alpine,  four  hundred  and 
ninety. 

Sec.  11.  The  county  seats  of  the  respective 
counties  of  this  State,  as  now  fixed  by  law,  are 
hereby  recognized  as  and  declared  to  be  the  coun- 
ty seats  of  the  respective  counties.  No  county 
seat  shall  be  removed  unless  two-thirds  of  the 
qualified  electors  of  the  county,  voting  on  the 
proposition  at  a  general  election,  shall  vote  in  fa- 
vor of  such  removal. 

Sec.  12.  Whenever  there  shall  be  presented  to 
the  board  of  supervisors  of  any  county  a  petition, 
signed  by  the  qualified  electors  of  such  county,  in 
number  equal  to  a  majority  of  the  votes  cast  at 


82  County  Government. 

the  preceding  general  election,  praying  for  the 
submission  of  the  question  of  the  removal  of  the 
county  seat  of  such  county,  it  shall  be  the  duty  of 
the  board  of  supervisors,  by  due  proclamation,  to 
submit  the  question  of  such  removal  of  the  coun- 
ty seat  at  the  next  general  election  to  the  quali- 
fied electors  of  such  county.  The  election  shall 
be  conducted  and  the  returns  canvassed  in  all  re- 
spects as  provided  by  law  for  the  conduct  of  gen- 
eral elections  and  canvassing  the  returns  thereof. 
Sec.  13.  Whenever  there  shall  be  presented  to 
the  board  of  supervisors,  a  petition,  or  petitions, 
signed  by  legal  voters  of  said  county  equal  in 
number  to  fifty  per  cent  of  the  votes  cast  at  the 
last  preceding  general  election,  asking  that  an  or- 
dinance, to  be  set  forth  in  such  petition,  be  sub- 
mitted to  a  vote  of  the  qualified  voters  of  such 
county,  it  shall  be  the  duty  of  the  board  of  super- 
visors, by  proclamation,  to  submit  such  proposed 
ordinance  to  the  vote  of  the  qualified  electors  of 
such  county.  Such  election  shall  be  held  within 
thirty  days  after  the  first  regular  meeting  of  the 
board  after  the  filing  of  such  petition;  provided, 
that  should  said  petition  be  filed  within  six 
months  prior  to  a  general  election,  no  special  elec- 
tion need  be  held,  but  such  ordinance  shall  be  sub- 
mitted at  the  next  general  election.  The  ballots 
used  at  such  special  or  general  election  shall  con- 
tain the  words  "For  the  ordinance"  (stating  the 
nature  of  the  ordinance),  and  "Against  the  or- 
dinance," stating  the  nature  of  the  ordinance.  The 
election  shall  be  conducted  and  the  returns  can- 
vassed in  all  respects  as  provided  by  law,  for  the 
conducting  of  general  elections  and  the  canvass- 
ing the  returns  thereof;  provided,  that  when  a  spe- 
cial election  is  held  under  the  provisions  of  this 
section,  the  board  of  supervisors,  in  their  discre- 
tion, may  consolidate  precincts,  and  may  reduce 
the  number  of  election  officers  to  a  number  not 
less  than  four.  If  a  majority  of  the  votes  cast  up- 
on such  ordinance  shall  be  in  favor  of  the  adop- 
tion thereof,  the  board  of  supervisors  shall  pro- 
claim such  fact,  and  upon  tlie  publication  of  such 
proclamation,  such  ordinance  thus  adopted  shall 
have  the  same  and  equal  force  and  effect  as 
though  adopted  and  ordained  by  the  board  of  su- 
pervisors.   The  board  of  supervisors  may  also,  at 


County  Government.  83 

any  election,  submit  any  question  or  proposition 
upon  which  they  may  desire  the  opinion  of  the 
voters  of  the  county. 

BOARD  OF  SUPERVISORS. 

Sec.  14.  Each  county  must  have  a  board  of  su- 
pervisors, consisting  of  five  members. 

Sec.  15.  Each  member  of  the  board  of  supervis- 
ors must  be  an  elector  of  the  district  which  he 
represents,  must  reside  therein  during  his  incum- 
bency, must  have  been  such  elector  for  at  least  one 
year  immediately  preceding  his  election,  and 
shall  be  elected  by  such  district,  and  not  at  large, 
provided,  that  in  any  county  or  city  and  county 
in  which  supervisoral  districts  have  not  been  es- 
tablished by  law  or  ordinance,  and  in  which  su- 
pervisors are  now  required  to  be  elected  at  large, 
but  from  particular  w^ards,  the  members  of  the 
board  of  supervisors  shall  be  elected  at  large 
and  without  regard  to  residence. 

Sec.  16.  The  board  of  supervisors  may,  by  a 
two-thirds  vote  of  the  members  of  said  board, 
change  the  boundaries  of  any  or  all  of  the  super- 
visor districts  of  a  county.  Said  districts  shall  be 
as  nearly  equal  in  population  as  may  be.  The 
boundaries  of  no  supervisor  district  shall  at  any 
time  be  changed  in  such  manner  as  to  affect  the 
term  of  office  of  any  supervisor  who  has  been 
elected,  and  whose  term  of  office  has  not  expired. 
No  change  in  the  boundaries  of  any  supervisor 
district  shall  be  made  within  ninety  days  next 
preceding  a  general  election. 

Sec.  17.  Whenever  a  vacancy  occurs  in  the 
board  of  supervisors  of  a  county,  the  governor 
shall  fill  the  vacancy,  and  the  appointee  shall  hold 
office  until  the  election  and  qualification  of  his 
successor.  In  such  case  the  election  of  a  super- 
visor shall  be  held  at  the  next  general  election  to 
till  the  vacancy  for  the  unexpired  term,  unless 
such  term  expires  on  the  first  Monday  after  the 
first  day  of  January  succeeding  said  election. 

Sec.  18.  The  supervisors  shall  elect  a  chairman, 
who  shall  preside  at  all  meetings  of  the  board,  and 
In  case  of  his  absence  or  inability  to  act,  the  mem- 
bers present  must,  by  an  order  entered  on  their 
records,  select  one  of  their  number  to  act  as  chair- 


84  County  Government. 

man  temporarily.  Any  member  of  the  board  may 
administer  oaths,  when  necessary  in  the  perform- 
ance of  his  official  duties.  A  majority  of  tiie  mem- 
bers of  the  board  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  no  act  of  the 
board  shall  be  valid  or  binding  unless  a  majority 
of  all  the  members  concur  therein. 

Sec.  19.  The  county  clerk  is  ex  officio  clerk  of 
the  board  of  supervisors.  The  records  and  min- 
utes of  the  board  must  be  signed  by  the  chair- 
man and  the  clerk. 

CLERK  OF  THE  BOARD. 

Sec.  20.    The  clerk  of  the  board  must: 

1.  Record  all  the  proceedings  of  the  board. 

2.  Make  full  entries  of  all  their  resolutions  and 
decisions  on  all  questions  concerning  the  raising 
of  money  for  and  the  allowance  of  accounts 
against  the  county. 

3.  Record  the  vote  of  each  member  on  any  ques- 
tion upon  which  there  is  a  division,  or  at  the  re- 
quest of  any  member  present. 

4.  Immediately  after  the  adjournment  of  each 
meeting  of  the  board,  certify  all  demands  allowed 
and  orders  made  for  the  payment  of  money,  giving 
the  amount  and  date  of  each  demand,  or  order, 
and  the  date  of  the  allowance  thereof,  which  de- 
mands, or  orders,  shall  be  countersigned  by  the 
chairman  of  the  board,  and  thereafter  said  clerk 
shall  deliver  to  and  leave  the  same  with  the  audi- 
tor. 

5.  File  and  preserve  the  reports  of  the  county 
treasurer  of  the  receipts  and  disbursements  of  the 
county. 

6.  Preserve  and  file  a  memorandum  of  all  ac- 
counts acted  upon  by  the  board. 

7.  Preserve  and  file  all  petitions  and  applica- 
tions for  franchises,  and  record  the  action  of  the 
board  thereon. 

8.  Authenticate  with  his  signature  and  seal  of 
the  board  the  proceedings  of  the  board,  wlienever 
the  same  shall  be  ordered  published. 

9.  Authenticate  with  his  signature  and  the  seal 
of  the  board,  all  ordinances  passed  by  the  board, 
and  to  record  the  same  at  length  in  the  "Ordin- 
ance Book." 


County  Government.  85 

10.  Record  all  orders  levying  taxes;  and, 

11.  Perform  all  other  duties  required  by  law, 
or  any  rule  or  order  of  the  board. 

Sec.  21.    The  board  must  cause  to  be  kept: 

1.  A  "Minute  Book,"  in  which  shall  be  entered 
the  daily  proceedings  had  at  all  regular  and  spe- 
cial meetings,  and  all  orders  and  decisions  made 
by  them,  except  such  as  are  required  to  be  record- 
ed in  the  "Road,"  "Franchise,"  or  "Ordinance" 
books. 

2.  An  "Allowance  Book,"  in  which  must  be  re- 
corded all  orders  for  the  allowance  of  money, 
from  the  county  treasury,  to  whom  made,  and  on 
what  account,  dating,  numbering,  and  indexing 
the  same  through  each  year. 

3.  A  "Road  Book,"  containing  all  proceedings 
and  adjudications  relating  to  the  establishment, 
maintenance,  change,  and  discontinuance  of  roads 
and  road  districts. 

4.  A  "I'ranchise  Book,"  containing  all  fran- 
chises granted  by  them,  and  all  proceedings  had 
in  relation  thereto. 

5.  A  "Warrant  Book,"  to  be  kept  by  the  county 
auditor,  in  which  must  be  entered,  in  the  order 
of  drawing,  all  warrants  drawn  on  the  treasury, 
with  their  number,  and  reference  to  the  order  on 
the  minute  book,  with  the  date,  amount,  on  what 
account,  and  name  of  payee. 

6.  An  "Ordinance  Book,"  in  which  must  be  en- 
tered all  ordinances  duly  passed  by  the  board. 

Sec.  22.  The  board  of  supervisors  must,  by  or- 
dinance, provide  for  the  holding  of  regular  meet- 
ings of  the  board  at  the  county  seat. 

Sec.  23.  A  special  meeting  may  be  ordered  by 
a  majority  of  the  board.  The  order  must  be  sign- 
ed by  the  members  calling  such  meeting,  and  must 
be  entered  in  the  minutes.  Five  days'  notice  of 
such  meeting  must  be  given  by  the  clerk,  personal- 
ly or  by  mail,  to  the  members  not  joining  in  the 
order.  The  order  must  specify  the  business  to  be 
transacted  at  such  special  meeting,  and  none  other 
shall  be  transacted. 

Sec.  21.    All  meetings  of  the  board  must  be  pub- 
lic, and  the  books,  records,  and  accounts  of  the 
board  must  be  kept  at  the  office  of  the  clerk,  open 
at  all  times  for  public  inspection. 
Gen.  Laws— 8. 


County  Government. 


GENERAL  PERMANENT  POWERS  OF 
BOARDS. 

See.  25.  The  boards  of  supervisors,  in  their  re- 
spective counties,  shall  have  jurisdiction  and  pow- 
er, under  such  limitations  aiid  restrictions  as  are 
prescribed  by  law: 

1.  To  supervise  the  official  conduct  of  all  courl- 
ty  officers,  and  officers  of  all  districts  and  other 
subdivisions  of  the  county  charged  with  the  as- 
sessing, collecting,  safe-lveeping,  management,  or 
disbursement  of  the  public  revenues;  to  see  that 
they  faithfully  perform  their  duties,  direct  pros- 
ecutions for  delinquencies,  and,  when  necessary, 
require  them  to  renew  their  official  bonds,  make 
reports  and  present  their  books  and  accounts  for 
inspection. 

2.  To  divide  the  counties  into  townships,  elec- 
tion, school,  road,  supervisor,  sanitary,  and  other 
districts  required  by  law,  change  the  same,  and 
create  others,  as  convenience  requires. 

3.  To  establish,  abolish,  and  change  election 
precincts,  and  to  appoint  inspectors  and  judges  of 
election,  canvass  all  election  returns,  declare  the 
result,  and  order  the  county  clerk  to  issue  certifi- 
cates thereof;  but  no  election  precinct  shall  be  es- 
tablished or  abolished,  or  the  boundaries  of  any 
precinct  changed,  within  ninety  days  prior  to  any 
election. 

4.  To  lay  out,  maintain,  control,  construct,  re- 
pair, and  manage  public  roads,  turnpikes,  ferries, 
wharves,  chutes,  and  other  shipping  facilities  and 
bridges  within  the  county,  unless  otherwise  pro- 
vided by  law,  and  to  grant  franchises  and  licenses 
to  collect  tolls  thereon;  provided,  where  the  cost 
of  the  construction  of  any  bridge,  whan,  chute,  or 
other  shipping  facilities  that  may  be  built  under 
the  provisions  of  this  subdivision  exceeds  the  sum 
of  five  hundred  dollars,  they  must  cause  to  be  pre- 
pared and  must  adopt  plans  and  specifications, 
strain  sheets,  and  working  details,  and  must  ad- 
vertise for  bids  for  the  construction  of  such 
bridge,  wharves,  chutes,  or  other  shipping  facili- 
ties, unless  otherwise  provided  by  law,  in  accord- 
ance with  the  plans  and  specifications  so  adopted. 


County  Government.  87 

All  bidders  shall  be  afforded  opportunity  to  ex- 
amine such  plans  and  specifications,  and  said 
board  shall  award  the  contract  to  the  lowest  re- 
sponsible bidder,  and  the  plans  and  specifications 
so  adopted  shall  be  attached  to  and  become  a  part 
of  the  contract;  and  the  person  or  corporation  to 
whom  the  contract  is  awarded  shall  be  required  to 
execute  a  bond,  to  be  approved  by  said  board,  for 
the  faithful  performance  of  such  contract:  pro- 
vided, that  after  the  submission  of  the  bids  as 
herein  provided,  the  board  of  supervisors  being  ad- 
vised by  the  county  surveyor  that  the  worli  can 
be  done  for  a  sum  less  than  the  loAvest  responsible 
bid,  it  shall  then  be  their  privilege  to  reject  all 
bids  and  to  order  the  worlv  done  or  structure  built 
by  day's  worL:,  under  the  supervision  and  control 
of  the  said  surveyor;  provided  further,  that  the 
surveyor  in  such  cases  shall  be  held  personally  re- 
sponsible, under  his  official  bond,  to  construct 
said  bridge  or  structure,  according  to  his  plans 
and  specifications,  at  a  cost  not  to  exceed  the 
amount  of  the  lowest  responsible  bid  received; 
provided,  that  the  road  commissioners  or  road 
overseers  in  their  respective  districts  shall  em- 
ploy all  labor  required  and  direct  the  conduct  of 
work  of  any  kind  upon  any  and  all  public  roads; 
provided  further,  that  in  cases  of  great  emer- 
gency, by  the  unanimous  consent  of  the  whole 
board,  they  may  proceed  at  once  to  replace  or  re- 
pair any  and  all  bridges  and  structures  without 
notice. 

5.  To  construct  or  lease,  officer  and  maintain, 
hospitals  and  poorhouses,  or  otherwise,  in  their 
discretion,  provide  for  the  care  and  maintenance 
of  the  indigent  sick  or  dependent  poor  of  the  coun- 
ty; and  for  such  purposes  to  levy  the  necessary 
property  or  poll  taxes,  or  both.  The  board  of  su- 
pervisors shall  appoint  some  suitable  person  to 
take  care  of  and  maintain  such  hospitals  and  poor- 
houses,  and  shall  also  appoint  some  suitable  grad- 
uate or  graduates  in  medicine  to  attend  to  such 
indigent  sick  or  dependent  poor,  and  to  the  pa- 
tients in  such  hospitals  and  poorhouses.  The 
board  shall  not  let  the  care,  maintenance,  or  at- 
tendance of  such  indigent  sick  or  dependent  poor 
by  contract  to  the  lowest  bidder. 

6.  To  provide  a  farm,  in     connection  with  the 


88  County  Government. 

county  hospital,  or  poorliouse,  and  make  regula- 
tions for  worliing  tlie  same. 

7.  To  purchase,  receive  by  donation,  or  lease 
any  real  or  personal  property  or  water  rights  nec- 
essary for  use  of  the  county,  and  to  purchase  or 
otherwise  acquire  necessary  real  estate  upon 
which  to  sink  wells  to  obtain  water  for  sprinkling 
roads,  and  other  county  purposes,  and  to  erect 
thereon  tanks  and  reservoirs  for  the  storage  of 
water  for  such  purposes,  and  to  erect  pumping  ap- 
paratus for  obtaining  the  same,  to  preserve,  take 
care  of,  and  manage  and  control  the  same;  but 
no  purchase  of  real  property  shall  be  made  unless 
a  notice  of  the  intention  of  the  board  to  make 
such  purchase,  describing  the  property  to  be  pur- 
chased, the  price  to  be  paid  therefor,  from  whom 
it  is  proposed  to  be  purcliased,  and  fixing  the  time 
when  the  board  will  meet  to  consummate  such 
purchase,  has  been  published  for  at  least  three 
weeks  in  some  newspaper  of  general  circulation, 
published  in  the  county;  or  if  none  be  published  in 
the  county,  then  has  been  posted  at  least  three 
weeks  prior  to  the  time  when  the  board  meets  to 
consummate  such  purchase,  in  at  least  three  pub- 
lic places  in  each  supervisor  district. 

8.  To  cause  to  be  erected  or  rebuilt,  or  furnish- 
ed, a  courthouse,  jail,  hospital,  and  such  other 
public  buildings  as  may  be  necessary,  or  to  pro- 
vide suitable  buildings  for  such  purposes.  None 
of  the  aforesaid  buildings  shall  be  erected  or  con- 
structed until  the  plans  and  specifications  have 
been  made  therefor  and  adopted  by  the  board.  All 
such  buildings  must  be  erected  by  contract,  let  to 
the  lowest  responsible  bidder,  after  notice  by  pub- 
lication in  a  newspaper  of  general  circulation  pub- 
lished in  such  county,  for  at  least  tliirty  days.  In 
case  there  is  no  newspaper  published  in  such  coun- 
ty, then  such  notice  shall  be  given  by  posting  in 
three  public  places. 

9.  To  soil  at  public  auction,  at  the  courthouse 
door,  or  at  such  other  place  within  the  county,  as 
the  board  may,  by  a  four-fifths  vote,  order,  after 
thirty  days'  notice,  given  either  by  publication  in 
a  newspaper  published  in  the  county,  or  by  post- 
ing in  five  public  places  in  the  county,  and  convey 
to  the  highest  bidder  for  cash,  any  property  be- 
longing to  the  coynty  not  required  for  public  use, 


County  Government.  89 

paying  the  proceeds  into  the  county  treasury  for 
the  use  of  the  county;  provided,  if  in  the  unani- 
mous judgment  of  the  board,  the  property  does 
not  exceed  in  value  the  sum  of  seventy-five  dol- 
lars, or  if  it  be  the  product  of  the  county  farm, 
the  same  may  be  sold  at  private  sale  without  ad- 
vertising by  any  member  of  the  board  empower- 
ed for  that  purpose  by  a  majority  of  the  board. 

10.  To  examine  and  audit,  at  least  every  twelve 
months,  the  accounts  of  all  officers  having  the 
care,  management,  correction,  or  disbursement  of 
moneys  belonging  to  the  county,  or  moneys  re- 
ceived or  disbursed  by  them  under  authority  of 
law. 

11.  To  examine,  settle,  and  allow  all  accounts 
legally  chargeable  against  the  county,  except  sala- 
ries of  officers,  and  such  demands  as  are  author- 
ized by  law  to  be  allowed  by  some  other  person 
or  tribunal,  and  order  waiTants  to  be  drawn  on 
the  county  treasurer  therefor. 

12.  To  levy  taxes  upon  the  taxable  property  of 
their  respective  counties  for  all  county  purposes, 
and  also  upon  the  taxable  property  of  any  district, 
for  the  construction  and  repair  of  roads  and  high- 
ways and  other  district  purposes;  provided,  that 
no  tax  shall  be  levied  upon  any  district  until  the 
proposition  to  levy  the  same  has  been  submitted 
to  the  qualified  electors  of  such  district,  and  re- 
ceived a  majority  of  all  the  legal  votes  cast  upon 
such  proposition. 

12^2'  Whenever  there  shall  be  presented  to  the 
board  of  supervisors  of  any  county  a  petition 
signed  by  the  qualified  electors  of  any  township 
or  townships  in  number  equal  to  a  majority  of  the 
votes  cast  at  the  preceding  general  election,  pray- 
ing that  said  township  or  townships  may  be  al- 
lowed to  take  the  census  of  said  township  or  town- 
ships for  the  purpose  of  ascertaining  the  popula- 
tion therein  contained,  the  board  of  supervisors 
shall  order  such  census  to  be  taken  by  one  or  more 
suitable  persons  appointed  therefor  by  the  board 
of  supervisors,  and  such  census  shall  be  taken  by 
such  persons  so  appointed  of  all  the  inhabitants 
of  such  township  or  townships;  the  full  name  of 
each  person  shall  be  plainly  written,  the  names  al- 
phabetically arranged  and  regularly  numbered  in 
one  complete  series,  and  when  completed  shall  be 


90  County  Government. 

verified  before  any  officer  authorized  to  adminis- 
ter oatlis,  and  be  filed  with  tlie  county  clerli  of 
the  county  wherein  such  census  is  tal^en,  and 
tliereupon  tlie  same  shall  be  known  and  shall  be 
the  ofticial  census  of  said  township  or  townships. 
The  expenses  of  taking  such  census  shall  be  a 
county  charge. 

13.  Any  county  having  an  outstanding  indebt- 
edness, evidenced  by  bonds  or  warrants  thereof, 
may  refund  such  indebtedness  and  issue  bonds  of 
the  county  therefor,  and  any  county  may  incur  or 
refund  a  bonded  indebtedness  for  any  purposes 
for  which  the  board  of  supervisors  are  herein  au- 
thorized to  expend  the  funds  of  said  county.  Such 
indebtedness  shall  be  refunded  or  incurred  in  the 
following  manner,  to-wit:  The  board  of  super- 
visors thereof  shall  by  order  specify  the  purpose 
for  which  the  indebtedness  is  to  be  incurred,  the 
amount  of  bonds  which  they  propose  to  issue,  the 
rate  of  interest,  and  the  number  of  years,  not  ex- 
ceeding forty,  the  whole  or  any  part  of  said  bonds 
are  to  run,  and  shall  further  provide  for  submit- 
ting the  question  of  the  issue  of  said  bonds  to  the 
qualified  electors  of  the  county  at  a  special  elec- 
tion to  be  called  by  the  board  for  that  purpose,  and 
the  words  to  appear  upon  the  ballot  shall  be 
"Bonds — Yes,"  and  ''Bonds — No,"  or  words  of  sim- 
ilar import.  None  but  qualified  voters  of  the 
county  shall  be  permitted  to  vote  thereat,  and  it 
shall  be  held  as  nearly  as  practicable  in  conform- 
ity with  the  general  election  law  of  the  State. 
Notice  shall  be  given  of  such  election  by  publica- 
tion in  one  or  more  newspapers  published  in  the 
county,  once  a  week  for  at  least  four  weeks,  or 
daily  for  not  less  than  thirty  days,  prior  to  said 
election.  If  there  be  no  such  newspaper,  then  by 
posting  the  same  conspicuously  in  five  public 
places  in  said  county  at  least  thirty  days  before 
said  election.  Such  notice  must  contain  the  time 
and  place  or  places  of  holding  such  election,  the 
name  of  election  officers  to  conduct  the  same,  the 
amount  and  denomination  of  the  bonds,  the  rate 
of  Interest  to  be  paid,  and  the  number  of  years, 
not  exceeding  forty,  the  whole  or  any  part  of  such 
bonds  are  to  run.  If  any  election  officers  so  named 
in  such  notice  are  not  present  at  the  opening  of 
the  polls,  the  electors  present  may  appoint  elec- 


County  Government.  91 

tiou  officers  to  take  the  place  of  such  election  offi- 
cers so  absent.  If  two-thirds  of  the  electors  of 
the  county  voting  at  such  election  shall  vote  in 
favor  of  issuing  such  bonds,  the  board  must  pro- 
ceed to  issue  the  amount  of  bonds  specified;  pro- 
vided, that  the  total  amount  of  bonded  indebted- 
ness shall  at  no  time  exceed  five  per  cent  of  the 
taxable  property  of  the  county,  as  shov^n  by  the 
last  equalized  assessment  book  thereof.  This  lim- 
itation shall  not  apply  to  bonds  which  may  be  is- 
sued to  refund  an  indebtedness  existing  January 
first,  eighteen  hundred  and  eighty.  The  board  of 
supervisors,  by  an  order  entered  upon  its  minutes, 
shall  prescribe  the  form  of  said  bonds,  and  of  the 
interest  coupons  attached  thereto,  and  fix  the  time 
when  the  whole  or  any  part  of  the  principal  of 
said  bonds  shall  be  payable,  which  shall  not  be 
more  than  forty  years  from  the  date  tnereof;  and 
said  board  may  also,  at  their  option,  by  a  provision 
in  such  bonds,  make  such  principal  payable  on  or 
before  a  specified  date  at  the  pleasure  of  the 
county.  Said  bonds  may  be  issued  in  denomina- 
tions not  to  exceed  one  thousand  dollars  and  not 
less  than  one  hundred  dollars;  principal  and  inter- 
est payable  in  gold  coin  of  the  United  States,  eith- 
er at  the  treasury  of  said  county,  or  at  such  place 
as  such  board  may  designate,  or  both  at  such 
treasury  or  such  designated  place,  at  the  option 
of  the  bondholder.  Interest  on  said  bonds  shall 
not  exceed  six  per  cent  per  annum,  payable  an- 
nually or  semi-annually,  as  said  board  may  desig- 
nate. Said  bonds  shall  be  signed  by  the  chair- 
man of  the  board  of  supervisors,  and  attested  by 
the  auditor  of  said  county,  and  have  the  seal  of 
the  board  of  supervisors  attached,  and  said  cou- 
pons shall  be  signed  by  said  auditor  by  original  or 
lithographed  fac  simile  signature;  and  said  bonds 
shall  be  sold  in  the  manner  prescribed  by  said 
board  of  supervisors,  but  for  not  less  than  par. 
The  board  of  supervisors,  before  or  at  the  time  of 
incurring  the  indebtedness  of  any  bonds  issued  un- 
der the  provisions  of  this  act,  and  annually  there- 
after until  all  of  said  bonds  are  paid  and  cancel- 
ed, must  levy  a  tax  for  that  year  upon  the  taxa- 
ble property  of  said  county  for  the  interest  and 
redemption  of  said  bonds,  and  such  tax  must  not 
be  less  than  sufficient  to  pay  the  interest  on  said 


92  County  Government. 

bonds  for  that  year,  and  such  portion  of  the  prin- 
cipal, if  any,  as  is  to  become  due  durinj^  such 
year,  and  in  any  event  must  be  sutficient  to  raise 
annually  for  the  first  half  of  the  term  said  bonds 
have  to  run,  a  sufficient  sum  to  pay  the  interest 
thereon;  and  during  the  balance  of  the  term  suffi- 
cient to  pay  such  annual  interest,  and  to  provide 
annually  a  proportion  of  the  principal  of  said 
bonds  equal  to  a  sum  produced  by  talking  the 
whole  amount  of  said  bonds  outstanding  and  di- 
viding it  by  the  number  of  years  said  bonds  then 
have  to  run.  And  the  board  of  supervisors,  before 
or  at  the  time  of  issuing  said  bonds  by  ordinance 
shall  provide  for  the  levy  of  an  annual  tax  suffi- 
cient to  effect  the  objects  of  this  provision,  and  to 
provide  for  the  payment  of  the  interest  on  said 
bonds  as  it  becomes  due,  and  also  sufficient  to  con- 
stitute a  sinking  fund  to  pay  the  principal  of  such 
indebtedness  at  or  before  maturity.  Such  tax 
when  collected,  shall  be  paid  into  the  treasury  of 
the  county,  and  used  solely  to  pay  the  interest  and 
principal  of  said  bonds  as  they  respectively  be- 
come due. 

The  revenue  derived  from  the  sale  of  said  bonds 
shall  be  applied  to  the  purpose  specified  in  the  or- 
der of  the  board,  and  no  other.  Should  there  be 
any  surplus,  it  shall  be  applied  toward  the  pay- 
ment of  said  bonds.  The  board  of  supervisors  of 
any  county  can  contract  a  bonded  indebtedness 
for  county  purposes  only  as  herein  provided. 

In  issuing  bonds  under  this  act,  the  board  of 
supervisors  may,  at  its  option,  use  the  following 
form  of  bond  and  coupon: 

United  States  of  America, 

No.  .  County  of  ,  $ . 

State  of  California. 

The  county  of ,  State  of  California,  hereby 

acknowledges  itself  indebted  and  promises  to  pay 

the  bearer  hereof,  on  the  first  day  of ,  one 

thousand  (herein  insert,  if  the  board  of  su- 
pervisors elect  to  make  the  bond  payable  on  a  cer- 
tain date,  or  before  that  date,  at  the  pleasure  of 
the  county,  the  words  "or  at  any  time  before  that 
date,  at  the  pleasure  of  the  county"),  with  interest 

thereon,  in  like  gold  coin,  at  the  rate  of per 

centum  per  annum  payable  at  semi-annu- 


County  Government.  93 

ally  (or  annually)  on  the  first  day  of  and 

(or  on  the  first  day  of ,  if  interest  paya- 
ble annually)  on  presentation  and  surrender  of  the 
interest  coupon  hereto  attached. 

This  bond  is  issued  by  the  board  of  supervisors 

of  the   county   of  ,    State   of   California,   in 

strict  compliance  with  an  act  of  the  legislature 
entitled  "An  act  to  establish  a  uniform  system  of 
county  and  township  governments,"  approved  the 

day  of ,  189—,  and  in  pursuance  of  an 

order  of  said  board  duly  made  on  the  day 

of ,  18—,  and  with  the  assent  of  two-thirds  of 

the  qualified  electors  of  said  county,  voting  at  an 
election  legally  called  and  duly  held  for  that  pur- 
pose on  the  day  of  ,  18—. 

And  it  is  hereby  certified  and  recited  that  the 
bonded  indebtedness  of  said  county,  including  this 
bond,  does  not  exceed  five  per  cent  of  the  taxa- 
ble property  thereof,  as  shown  by  the  last  equal- 
ized assessment  of  said  county,  and  that  provision 
has  been  made  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  on  this  indebted- 
ness as  it  falls  due,  and  also  sufficient  to  consti- 
tute a  sinking  fund  for  the  payment  of  said  in- 
debtedness at  or  before  maturity. 

In  witness  whereof  the  said  county,  by  its  board 
of  supervisors,  has  caused  this  bond  to  be  signed 
by  the  chairman  of  said  board,  and  attested  by  the 
auditor  thereof,  and  the  seal  of  the  board  of  su- 
pervisors hereto  attached  this day  of , 

one  thousand  .  . 

Chairman  Board  of  Supervisors. 

Attest: , 

County  Auditor. 

And  the  interest  coupon  may  be  in  the  follow- 
ing form: 

"The  county  of ,  State  of  California,  here- 
by promises  to  pay  the  holder  hereof,  on  the  

day  of    ,  one     thousand  ,  at  ,  in 

$ United  States  gold  coin,  for  interest 

on  its  county  bond  No. . 


"County  Auditor." 

If  the  board  of  supervisors  of  any  county  which 
has  issued  bonds  under  the  provisions  of  this  act 
shal  fail  to  make  the  levy  necessary  to  pay  such 


94  County  GoYerument. 

bonds  or  interest  coupons  at  maturity,  and  the 
same  shall  have  been  presented  to  the  county 
treasurer  and  the  payment  thereof  refused,  the 
owner  may  file  the  bond,  together  with  all  un- 
paid coupons  with  the  state  controller,  taking  his 
receipt  therefor,  and  the  same  shall  be  registered 
in  the  state  controller's  oltice;  and  the  state  board 
of  equalization  shall,  at  their  next  session,  and  at 
each  annual  equalization  thereafter,  add  to  the 
state  tax  to  be  levied  in  said  county,  a  sufficient 
rate  to  realize  the  amount  of  principal  or  interest 
past  due  and  to  become  due  prior  to  the  next  levy, 
and  the  same  shall  be  levied  and  collected  as  a 
part  of  the  state  tax  and  paid  into  the  state  treas- 
ury and  passed  to  the  special  credit  of  such  coun- 
ty as  bond  tax,  and  shall  be  paid  by  warrants,  as 
the  payments  mature,  to  the  holder  of  such  regis- 
tered obligations,  as  shown  by  the  register  in  the 
office  of  the  state  controller,  until  the  same  shall 
be  fully  satisfied  and  discharged,  any  balance  then 
remaining  being  passed  to  the  general  account  and 
credit  of  said  county. 

14.  To  maintain,  regulate,  and  govern  public 
pounds,  fix  the  limits  within  which  animals  shall 
not  run  at  large,  and  appoint  poundlieepers,  who 
shall  be  paid  out  of  the  fines  imposed  and  collect- 
ed from  the  owners  of  impounded  animals,  and 
from  no  other  source. 

15.  To  equalize  assessments. 

16.  To  direct  and  control  the  prosecution  and 
defense  of  all  suits  to  which  the  county  is  a  party, 
and,  by  a  two-thirds  vote  of  all  the  members,  may 
employ  counsel  to  assist  the  district  attorney  in 
conducting  the  same. 

17.  To  insure  the  county  buildings  and  other 
property  in  the  name  of  and  for  the  benefit  of  the 
county. 

18.  To  establish  a  salary  fund,  and  such  other 
county  funds  as  they  may  deem  necessary  for  the 
proper  transaction  of  the  business  of  the  county, 
and  to  transfer  moneys  from  one  fund  to  another, 
as  the  public  interest  may  require. 

19.  To  fill,  by  appointment,  all  vacancies  that 
may  occur  in  any  office  filled  by  the  appointment 
of  the  board  of  supervisors  and  elective  county  or 
township  officers,  except  in  those  of  judge  of  the 
superior  court  and  supervisor,  the     appointee     to 


County  Government.  95 

hold  office  for  the  unexpired  term  or  until  the  next 
general  election. 

20.  They  may  appoint  in  each  county,  a  health 
officer,  whose  duty  it  shall  be  to  enforce  all  or- 
ders and  ordinances  of  the  board  of  supervisors, 
pertaining  to  sanitary  matters,  and  all  orders, 
quarantine  regulations,  and  rules  prescribed  by 
the  state  board  of  health,  and  all  statutes  relat- 
ing to  vital  statistics.  He  shall  give  to  the  duties 
of  his  office  such  time  and  attention  as  may  be 
necessary  to  secure  general  supervision  of  all  mat- 
ters pertaining  to  the  health  and  sanitary  condi- 
tion of  the  county.  He  shall  be  a  graduate  of  a 
medical  college  of  good  standing  and  repute,  and 
shall  hold  office  for  a  term  of  one  year,  and  re- 
ceive for  his  services  a  compensation  not  to  exceed 
six  hundred  dollars  per  annum. 

The  board  of  supervisors  shall  adopt  orders  and 
ordinances  necessary  for  the  preservation  of  the 
public  health  of  the  county,  not  in  conflict  with 
general  laws,  and  provide  for  the  payment  of  all 
expense  incurred  in  enforcing  the  same. 

For  any  unincorporated  town,  when  public  neces- 
sity requires  such  action;  the  board  of  supervis- 
ors may  appoint  a  special  health  officer,  who  shall, 
in  such  town,  under  the  supervision  of  the  county 
health  officer,  exercise  all  necessary  diligence  in 
executing  the  ordinances,  rules,  and  regulations  of 
the  board  of  supervisors,  or  the  state  board  of 
health,  relating  to  health  and  sanitary  matters. 
His  term  of  office  and  compensation  shall  be  fixed 
by  the  board  of  supervisors,  and  he  shall  receive 
as  his  compensation  for  services  not  to  exceed  one 
hundred  dollars  in  any  one  year. 

21.  The  board  of  supervisors  of  the  several 
counties  shall  annually  advertise,  for  at  least  ten 
days  in  a  newspaper  of  general  circulation  in  the 
county  (if  there  be  a  newspaper  published  in  the 
county,  otherwise  by  posting  notices  in  three  pub- 
lic places),  for  sealed  bids  for  furnishing  the  coun- 
ty with  stationery,  clothing,  bedding,  groceries, 
provisions,  drugs,  medicines,  and  all  other  sup- 
plies. All  bids  shall  be  on  a  schedule,  showing  all 
articles  needed  in  the  several  offices  and  depart- 
ments prepared  by  the  cleric  of  the  board,  shall 
state  separately  the  price  of  each  article  to  be  fur- 
nished, and  any  person  may  bid  upon  any  article 
separately. 


96  County  Government. 

In  considering  such  bids,  the  board  may  accept 
or  reject  all  or  any  of  them,  or  may  accept  or  re- 
ject a  part  of  any  such  bid,  preference  being  given, 
however,  to  the  lowest  responsible  bidder.  All 
supplies  furnished  the  county,  or  any  officer  there- 
of, shall  be  furnished  at  a  price  no  greater  than 
is  specified  in  the  bid  which  may  be  accepted  by 
the  board. 

The  board  shall  annually  fix  the  price  at  which 
the  county  shall  be  supplied  with  job  printing  an<l 
blank  books,  from  a  schedule  prepared  by  the  clerk 
of  the  board,  showing  all  blanks  and  blank  books 
used  in  the  several  offices  and  departments,  and 
also  the  price  of  all  county  advertising;  and  each 
county  officer  shall  procure  such  blank  books,  job 
printing,  and  advertising  required  for  the  proper 
discharge  of  his  official  duties,  such  printing  and 
advertising  to  be  done  by  such  person  or  newspa- 
per as  such  county  officer  may  designate,  at  a 
price  no  greater  than  is  so  fixed,  and  certify  the 
bill  therefor  to  the  board  of  supervisors. 

A  square  of  advertising  shall  be  two  hundred 
and  thirty-four  ems  nonpareil.  No  supplies,  print- 
ing, stationery,  or  books,  shall  be  procured  of  any 
person  or  firm  whose  paper  has  not  been  publish- 
ed or  whose  place  of  business  has  not  been  estab- 
lished in  the  county  for  one  year  or  more  prior 
to  the  time  for  fixing  said  prices. 

22.  The  board  shall  cause  to  be  published  a 
semi-annual  statement  of  the  financial  condition 
of  the  county,  showing,  in  detail  the  expenditures 
authorized  during  the  preceding  six  months;  and 
within  ten  days  after  each  session  of  the  board,  a 
fair  statement  of  all  their  proceedings. 

23.  To  make  and  enforce  such  rules  and  regu- 
lations for  the  government  of  their  body,  the 
preservation  of  order,  and  the  transaction  of  bus- 
iness, as  may  be  necessary. 

24.  To  adopt  a  seal  for  the  board,  a  description 
and  impression  of  which  must  be  filed  in  the  of- 
fice of  the  county  clerk  and  of  the  secretary  of 
state. 

25.  To  license,  for  purposes  of  regulation  and 
revenue,  all  and  every  kind  of  business  not  pro- 
hibited by  law,  and  transacted  and  carried  on  in 
such  county,  and  all  shows,  exhibitions,  and  law- 
ful games  carried  on  therein;  to  fix  the  rates  of  li- 
cense tax  upon  the  same,  and  to  provide  for  the 


County  Government.  97 

collection  of  the  same,  by  suit  or  otherwise;  pro- 
vided, that  every  lionorably  discharged  solaier, 
sailor,  or  marine  of  the  United  States,  who  is  un- 
able to  obtain  a  livelihood  by  manual  labor,  shall 
have  the  right  to  hawlv,  peddle,  and  vend  any 
goods,  wares,  or  merchandise  except  spirituous, 
malt,  vinous,  or  other  intoxicating  liquor,  with- 
out payment  of  any  license,  tax,  or  fee  what- 
soever, whether  municipal,  county,  or  state;  and 
the  board  of  supervisors  shall  issue  to  sucti  sol- 
dier, sailor,  or  marine,  without  cost,  a  license 
therefor.  The  board  may  provide  that  any  such 
license  shall  cease  upon  the  non-payment  of  such 
tax,  and  any  person,  firm,  or  corporation  trans- 
acting or  carrying  on  such  business,  without  such 
license  whenever  prescribed,  is  guilty  of  a  misde- 
meanor. 

26.  To  provide  for  the  destruction  of  gophers, 
squirrels,  other  wild  animals,  noxious  weeds,  and 
insects  injurious  to  fruit  or  fruit  trees,  or  vines, 
or  vegetable  or  plant  life. 

27.  To  provide  for  the  prevention  of  injuries  to 
sheep  by  dogs,  and  to  tax  dogs  and  direct  the  ap- 
plication of  the  tax. 

28.  To  provide,  by  ordinances  not  in  conflict 
with  the  general  laws  of  the  State,  for  the  pro- 
tection of  fish  and  game,  and  may  shorten  the 
season  for  the  taking  or  liilling  of  fish  and  game, 
within  the  dates  fixed  by  the  general  state  laws, 
but  shall  not  lengthen  the  same. 

29.  To  provide  for  the  working  of  prisoners 
confined  in  the  county  jail,  under  judgment  of  con- 
viction of  misdemeanor,  under  the  direction  of 
some  responsible  person,  to  be  appointed  by  the 
sherifi;,  whose  compensation  shall  not  exceed  one 
hundred  dollars  per  month,  upon  the  public 
grounds,  roads,  streets,  alleys,  highways,  or  pub- 
lic buildings,  or  in  such  other  places  as  may  be 
deemed  advisable,  for  the  benefit  of  the  county. 

30.  To  provide  for  the  burying  of  the  indigent 
dead. 

31.  To  make  and  enforce,  within  the  limits  of 
their  county  all  such  local  police,  sanitary,  and 
other  regulations  as  are  not  in  confiict  with  gen- 
eral laws. 

32.  To  adopt  such  rules  and  regulations  within 
their  respective  counties,  with  regard  to  keeping 

Gen.  Laws— 9. 


98  County  Government. 

and  storing  of  every  description  of  gunpowder, 
Hercules  powder,  giant  powder,  or  other  explo- 
sive or  cumbustible  material,  as  the  safety  and 
protection  of  the  lives  and  property  of  individuals 
may  require. 

33.  To  appropriate  from  the  general  fund  of  the 
county,  unless  otherwise  in  this  act  provided,  not 
to  exceed,  in  counties  of  the  first  and  second  class, 
the  sum  of  three  thousand  dollars,  and  in  all  oth- 
er counties  the  sum  of  two  thousand  dollars  in 
any  one  year,  to  aid  in  or  carry  on  the  worli  of  in- 
ducing immigration  thereto,  or  for  the  purpose  of 
exhibiting  or  advertising  the  agricultural,  min- 
eral, manufacturing,  or  "other  resources  of  the 
county. 

34.  To  enforce,  by  ordinance,  within  the  limits 
of  their  counties,  all  such  regulations  concerning 
the  size  of  wagons  and  vehicles  of  all  liinds  to  be 
used  on  the  roads  or  highways,  and  the  width  of 
tires  on  the  same,  as  are  not  in  conflict  with  gen- 
eral laws. 

35.  To  grant  licenses  and  franchises  for  con- 
structing, Iveeping,  and  taking  tolls  on  roads, 
bridges,  ferries,  wharves,  chutes,  booms,  and 
piers,  and  to  grant  franchises  along  and  over  the 
public  roads  and  highways  for  all  lawful  pur- 
poses, upon  such  terms  and  conditions  and  re- 
strictions as  in  their  judgment  may  be  necessary 
and  proper,  and  in  such  manner  as  to  present  the 
least  possible  obstruction  and  inconvenience  to  the 
traveling  public. 

36.  To  grant  on  such  terms,  conditions,  and  re- 
strictions as  in  their  judgment  may  be  necessary 
and  proper,  licenses  and  franchises  for  talking 
tolls  on  public  roads  or  highways,  whenever  in 
their  judgment  the  expense  necessary  to  operate 
or  maintain  such  public  roads  or  highways  as 
free  public  highAvays  is  too  great  to  justify  the 
county  in  so  operating  or  maintaining  them.  It 
shall  always  be  a  condition  attached  to  the  grant- 
ing of  such  licenses  and  franchises,  that  such 
roads  or  highways  shall  be  kept  in  reasonable  re- 
pair by  the  person  or  persons  to  whom  such  li- 
censes or  franchises  may  be  granted. 

37.  To  enact  ordinances,  and  regulations  for  the 
construction,  alteration,  repair,  and  control  of  all 
public  roads  and  highways  in  the  county,  unless 
otherwise  provided  bj'  law. 


County  Government.  99 

38.  To  levy  a  special  road  fund  tax,  not  to  ex- 
ceed two  (2)  mills  on  the  one  dollar  of  assessed 
valuation,  on  all  the  property  in  such  counties, 
outside  of  any  incorporated  city  or  town.  Such 
tax  shall  be  in  addition  to  all  taxes  otherwise 
provided  for,  and  the  fund  so  created  shall  be 
expended  for  the  construction  and  maintenance  of 
the  main  public  roads  or  county  highways  in  the 
several  road  districts,  in  proportion  to  the  amount 
collected  from  such  districts. 

39.  To  encourage  under  such  regulations  as 
they  may  adopt,  the  planting  and  preservation  of 
shade  and  ornamental  trees  on  the  public  roads 
and  highways,  and  on  and  about  the  public 
grounds  and  buildings  of  the  county,  and  pay  to 
persons  planting  and  cultivating  the  same,  for 
every  living  tree  thus  planted  at  the  age  of  four 
years,  a  sum  not  exceeding  one  dollar. 

40.  To  do  and  perform  all  other  acts  and  things, 
required  by  law  not  in  this  act  enumerated,  or 
which  may  be  necessary  to  the  full  discharge  of 
the  duties  of  the  legislative  authority  of  the  cvnui- 
ty  government. 

41.  To  provide  by  ordinance  for  the  organiza- 
tion and  government  of  districts,  to  protect  and 
preserve  the  banks  of  rivers  and  streams  and 
lands  lying  contiguous  thereto  from  injury  by 
overflow  or  the  washing  thereof,  and  to  provide 
for  the  improvements  of  said  rivers  and  streams, 
and  prevent  the  obstruction  thereof,  and  to  pro- 
vide for  the  assessment,  levy,  and  collections 
within  such  districts  of  a  tax  therefor. 

Sec.  26.  The  enacting  clause  of  all  ordinances 
of  the  board  shall  be  as  follows:     "The  board  of 

supervisors  of  the  county  of  do  ordain  as 

follows:"  Every  ordinance  shall  be  signed  by  the 
chairman  of  the  board  and  attested  by  the  cleric. 
On  the  passage  of  all  ordinances  the  votes  of  the 
several  members  of  the  board  shall  be  entered  on 
the  minutes,  and  all  ordinances  shall  be  entered 
at  length  in  the  "Ordinance  Book."  No  ordin- 
ance passed  by  the  board  shall  take  effect  witliin 
less  than  fifteen  days  after  its  passage,  and  be- 
fore the  expiration  of  the  said  fifteen  days  the 
same  shall  be  published,  with  the  names  of  the 
members  voting  for  and  against  the  same,  for  at 
least  one  week,  in  some  newspaper  published  in 


100  County  Government. 

the  county,  if  there  be  one,  and  if  there  be  none 
published  in  the  county,  then  such  ordinance  shall 
be  posted  at  the  court-house  door  at  least  one  week 
An  order  entered  in  the  minutes  of  the  board 
that  such  ordinance  has  been  duly  published  or 
posted  shall  be  prima  facie  proof  of  such  publica- 
tion or  posting. 

Sec.  27.  The  board  of  supervisors  shall  have 
power  to  direct  the  sheriff  to  attend,  in  person 
or  by  deputy,  all  the  meetings  of  the  bpard,  to 
preserve  order,  serve  notices,  subpcenas,  citations, 
or  other  process,  as  directed  by  the  board. 

Sec,  28.  Whenever  the  board  of  supervisors  of 
any  county  shall  deem  it  necessary  or  important 
to  examine  any  person  as  a  witness  upon  any  sub- 
ject or  matter  within  the  jurisdiction  of  such 
board,  or  to  examine  any  oflicer  of  the  county  in 
relation  to  the  discharge  of  his  official  duties,  as 
to  the  receipt  or  disposition  by  him  of  any  moneys, 
or  concerning  the  possession  or  disbursement  by 
him  of  any  property  belonging  to  the  county,  or  to 
use,  inspect,  or  examine  any  books,  account, 
voucher,  or  document  in  the  possession  of  such 
officer  or  other  person,  or  under  his  control,  relat- 
ing to  the  affairs  or  interests  of  such  county,  the 
chairman  of  such  board  shall  issue  a  subpoena,  in 
proper  form,  commanding  such  person  or  officer 
to  appear  before  such  board,  at  a  time  and  place 
therein  specified,  to  be  examined  as  a  witness; 
and  such  subpoena  may  require  such  person  or 
officer  to  produce  on  such  examination  all  books, 
papers,  and  documents  in  his  possession  or  under 
his  control,  relating  to  the  affairs  or  interests  of 
the  county. 

Sec.  29.  It  shall  be  the  duty  of  the  sheriff  of 
the  county  to  whom  the  subpoena  is  delivered,  to 
serve  the  same  by  reading  it  to  the  person  named 
therein,  and  at  the  same  time  to  deliver  to  him  a 
copy  thereof,  and  his  official  return  thereon,  of 
the  time  and  place  of  such  service,  shall  be  prima 
facie  evidence  thereof. 

Sec.  30.  Whenever  the  board  of  supervisors  shall 
appoint  any  members  of  their  body  a  committee 
upon  any  subject  or  matter  of  which  the  board 
has  jurisdiction,  and  has  conferred  upon  such 
committee  power  to  send  for  persons  and  papers, 
the  chairman  of  such  committee  shall  pc««*^ss  all 


County  Government.  101 

the  powers  and  be  liable  to  all  the  duties  herein 
given  to  and  imposed  upon  the  chairman  of  the 
board  of  supervisors. 

See.  31.  Whenever  any  person  duly  subpoenaed 
to  appear  and  give  evidence,  or  to  produce  any 
books  and  papers,  as  herein  provided,  shall  neg- 
lect or  refuse  to  appear,  or  to  produce  such  books 
and  papers,  as  required  by  such  subpoena,  or  shall 
refuse  to  testify  before  such  board  or  committee, 
or  to  answer  any  questions  which  a  majority 
thereof  shall  decide  to  be  proper  and  pertinent,  he 
shall  be  deemed  in  contempt,  and  it  shall  be  the 
duty  of  the  chairman  of  the  board,  or  of  the  com- 
mittee, as  the  case  may  be,  to  report  the  fact  to 
the  judge  of  the  superior  court  of  the  county,  or 
of  the  city  and  county,  who  shall  thereupon  issue 
an  attachment  in  the  form  usual  in  the  court  of 
which  he  shall  be  judge,  directed  to  the  sheriff  of 
the  county  where  such  witness  was  required  to 
appear  and  testify,  commanding  the  said  sheriff 
to  attach  such  person,  and  forthwith  bring  him  be- 
fore the  judge  by  whose  order  such  attachment 
was  issued. 

Sec.  32.  On  the  return  of  the  attachment  and 
the  production  of  the  body  of  the  defendant,  the 
said  judge  shall  have  jurisdiction  of  the  matter, 
and  the  person  charged  may  purge  himself  of  the 
contempt  in  the  same  way,  and  the  same  proceed- 
ings shall  be  had,  and  the  same  penalties  may  be 
imposed,  and  the  same  punishment  inflicted  as  in 
case  of  a  witness  subpoenaed  to  appear  and  give 
evidence  on  the  trial  of  a  civil  cause  before  a 
superior  court. 

Sec.  33.  The  witnesses  summoned  to  testify  on 
behalf  of  the  county  in  matters  of  public  concern 
before  the  board  of  supervisors  are  not  entitled 
to  have  their  fees  prepaid;  but  the  board  must  al- 
low them  the  reasonable  expenses  of  their  attend- 
ance. 

Sec.  34.  The  board  must  provide  printed  copies 
of  the  great  register,  poll  lists,  poll  books,  blank 
returns  and  certificates,  proclamations  of  elec- 
tions, and  other  appropriate  and  necessary  ap- 
pliances for  holding  all  elections  in  the  county, 
and  allow  reasonable  charges  therefor,  and  for 
the  transmission  and  return  of  the  same  to  the 
proper  officers. 


102  County  Government. 

Sec.  35.  Whenever,  as  canvassers,  the  board  of 
supervisors  have  declared  the  result  of  an  election 
held  in  the  county,  certificates  must  be,  by  the 
county  clerk,  issued  to  all  persons  elected  to  a 
county,  township,  or  district  office  therein,  and 
such  other  certificates  must  be  made  out  and 
transmitted  as  required  by  law. 

Sec.  36.  The  board  must  not,  for  any  purpose, 
contract  debts  or  liabilities,  in  any  manner  or  for 
any  purpose,  which  exceed  in  any  fiscal  year  the 
income  and  revenue  provided  for  such  j^ear,  ex- 
cept as  permitted  by  the  constitution.  It  shall  be 
the  duty  of  the  auditor,  at  the  commencement  of 
each  regular  session  of  the  board,  to  lay  before  it 
a  statement  prepared  by  him  of  the  aggregate 
amount  of  allowance  against  each  fund,  and  of 
salaries  and  liabilities  fixed  by  law,  paid  or  paya- 
ble therefrom  since  the  beginning  of  the  fiscal 
year,  together  with  a  statement  of  receipts  of  each 
fund  for  that  portion  of  the  year  already  elapsed, 
and  an  exact  estimate  of  the  revenue  for  the  re- 
mainder of  the  year  apportioned  to  the  different 
funds,  based  upon  the  receipts  for  the  correspond- 
ing portion  of  the  preceding  year.  Whenever  the 
board  shall  have  levied  the  state  and  county  tax 
for  the  fiscal  year,  the  auditor's  estimates  for  the 
remainder  of  the  year  shall,  as  to  receipts  from 
property  tax,  be  based  upon  the  assessment  roll 
and  tax  levy,  deducting  ten  per  cent  for  the  anti- 
cipated delinquencies.  The  board  shall  have  no 
power  to  make  allowances  against  any  funds 
which,  with  all  allowances  previously  made,  and 
salaries  and  liabilities  fixed  by  law  payable  there- 
from, shall  exceed  the  auditor's  estimate  of  reve- 
nue for  the  year,  or  such  proportion  thereof  as  the 
time  already  elapsed  shall  bear  to  the  entire  yea*-. 
Any  allowance  made  contrary  to  the  provisions  of 
this  section  shall  be  null  and  void,  and  the  audi- 
tor shall  not  draw  his  warrant  therefor,  nor  the 
treasurer  pay  the  same.  When  several  allowances 
are  made  on  the  same  day,  they  shall  be  deemed 
to  have  been  made  in  the  order  in  which  they  are 
entered  in  the  "Allowance  Book,"  and  shall  be  cer- 
tified in  that  order  by  the  auditor. 

Sec,  37.  Whenever  the  board  of  supervisors 
shall  adopt  plans  and  specifications  for  the  erec- 
tion, alteration,   construction,   or  repair     of     any 


County  Government.  103 

public  building,  bridge,  or  other  public  struc- 
ture, such  plans  and  specifications  shall  not  be 
altered  or  changed  in  any  manner  whereby  the 
cost  of  such  building,  bridge,  or  structure  shall  be 
increased,  except  by  a  vote  of  two-thirds  of  their 
number. 

Sec.  38.  Whenever  the  board  of  supervisors 
shall  enter  into  a  contract  for  the  erection,  con- 
struction, alteration,  or  repair  of  any  public  build- 
ing, bridge,  or  other  structure,  such  contract 
shall  not  be  altered  or  changed  in  any  manner,  un- 
less they  shall,  by  a  vote  of  two-thirds  of  their 
number,  and  with  the  consent  of  the  contractor, 
first  so  order.  And  whenever  any  such  change  or 
alteration  is  so  ordered,  the  particular  change  or 
alteration  shall  be  specified,  in  writing,  and  the 
cost  thereof  agreed  upon  between  the  board  and 
the  contractor.  In  no  case  shall  the  board  pay  or 
become  liable  to  pay  for  any  extra  work  done  on, 
or  extra  material  furnished  for,  such  building  or 
structure. 

Sec.  39.  No  county  oflicer  shall,  except  for  his 
own  service,  present  any  claim,  account,  or  de- 
mand for  allowance  against  the  county,  or  in  any 
way  except  in  the  discharge  of  his  official  duty  ad- 
vocate the  relief  aslved  in  the  claim  or  demand 
made  by  any  other.  Any  person  may  appear  be- 
fore the  board  and  oppose  the  allowance  of  any 
claim  or  demand  made  against  the  county. 

Sec.  40.  The  board  of  supervisors  must  not 
hear  or  consider  any  claim  in  favor  of  any  public 
oflicer,  person,  corporation,  company,  or  associa- 
tion against  the  county,  iior  shall  the  board  cred- 
it or  allow  any  claim  or  bill  against  the  county 
or  district  fund,  unless  the  same  be  itemized,  giv- 
ing names,  dates  and  particular  services  rendered, 
character  of  process  served,  upon  whom,  distance 
traveled,  where  and  when,  character  of  work  done, 
number  of  days  engaged,  supplies  or  materials 
furnished,  to  whom,  and  quantity  and  price  paid 
therefor,  duly  verified  to  be  correct,  and  that  the 
amount  claimed  is  justly  due,  and  is  presented  and 
filed  with  the  clerk  of  the  board  within  a  year  af- 
ter the  last  item  of  the  account  or  claim  accrued. 
If,  in  case  of  any  claim  which  requires  itemizing, 
the  board  do  not  hear  or  consider  the  same  be- 
cause it  is  not  itemized,  they  shall  cause  notice  to 


104  County  Government. 

be  given  to  the  claimant  or  his  attorney  of  that 
fact,  and  give  time  to  have  the  claim  itemized  and 
reverified. 

Sec.  41.  No  account  shall  be  passed  upon  by  the 
board,  unless  made  out  as  prescribed  in  this  and 
the  preceding  section  and  filed  with  the  clerk  three 
days  prior  to  the  time  of  the  meeting  of  the  board 
at  which  it  is  asked  to  be  allowed. 

Such  demand  shall  be  made  out  in  form  substan- 
tially as  follows: 

Clerk's  memoranda,  No.  . 

Fund. 

Demand  of  ,  dated  ,  in  sum  of  $ , 

for  .    Allowed  by  the  board  of  supervisors 

,  18—,  in  the  sum  of  $ . 

Attest:  ,  Clerk  of  Board. 

Demand   of    

No. .    ■    Fund .     Demand    on    the 

treasury  of  the  County  of ,  State  of  Califor- 
nia, for  the  sum  of dollars,  being  for . 

-f. 1 1- 


Date.      I  Items. 


Dollars.    [Cents. 


1 1. 

1 1. 


1$ |. 

I 1- 


Expenditures  authorized  and  approved  by  me, 


State  of  California,  [    j,^ 
Couuty  of  .    f 

The  undersigned  being  duly  sworn,  says:  That 
the  above  claim  and  the  items  as  therein  set  out 
are  true  and  correct;  that  no  part  thereof  has 
been  heretofore  paid,  and  that  the  amount  therein 
is  justly  due  this  claimant,  and  that  the  same  is 
presented  within  one  year  after  the  last  item 
thereof  has  accrued. 


Subscribed  and  sworn  to  before  me  this day 

of  . 

,    County    Clerk. 


County  Government.  1(^ 

Allowed  by  Board  of  Supervisors,  ,  18—,  in 

sum  of  $ ,  payable  out  of Fund. 

Attest:    ,  Clerk  of  Board  of  Supervisors. 

Countersigned:     ,   Chairman  Board  of  Super- 
visors. 

Warrant  No.  . 

Allowed ,  18—,  for  the  sum  of  $ ,  payable 

out  of Fund. 

,  County  Auditor. 

No.  .    Registered ,  189—, 

,   County  Treasurer. 

Said  demand  shall  be  approved  before  filing  by 
the  officer  who  directed  such  expenditure.  If  said 
demand  be  allowed  by  the  board,  the  clerk  of  the 
board  shall  detach  and  file  the  memorandum, 
and  shall  indorse  on  such  demand  "allowed  by 
the  Board  of  Supervisors,"  together  with  the  date 
of  such  allowance,  the  amount  of  such  allowance 
and  from  what  fund;  shall  attest  the  same  with 
his  signature,  and,  when  countersigned  by  the 
chairman,  shall  transmit  the  same  to  the  Auditor, 
who  shall,  in  case  he  allows  said  demand,  indorse 
upon  it  "allowed,"  together  with  the  amount  for 
which  it  is  allowed,  from  what  fund,  date  and 
number  of  the  warrant,  and  shall,  in  attestation 
thereof,  affix  his  signature  thereto  and  deliver 
the  same  to  the  claimant;  and  said  demand,  when 
so  allowed  and  signed  by  the  Auditor,  shall  con- 
stitute the  warrant  on  the  treasury,  within  the 
meaning  of  this  act. 

Sec.  42.  When  the  board  find  that  any  claim 
presented  is  not  payable  by  the  county,  or  is  not 
a  proper  county  charge,  it  must  be  rejected;  and 
said  rejection  shall  be  plainly  indorsed  on  said 
claim;  if  they  find  it  to  be  a  proper  county 
charge,  but  greater  in  amount  than  is  justly  due, 
the  board  may  allow  the  claim  in  part,  and  draw 
a  warrant  for  the  portion  allowed,  on  the  claim- 
ant filing  a  receipt  in  full  for  his  account.  If  the 
claimant  is  unwilling  to  receive  such  amount  in 
full  payment,  the  claim  may  again  be  considered 
at  the  next  regular  session  of  the  board,  but  not 
afterward. 

Sec.  43.  If  the  board  refuse,  or  neglect  to  allow 
or  reject  a  claim  or  demand  for  ninety  days,  after 
the  same  has  been  filed  with  the  clerk,  such  re- 
fusal or  neglect  may,  at  the  option  of  the  claim- 


lOG  County  Government. 

ant,  be  deemed  equivalent  to  final  action  and  re- 
jection on  the  ninetieth  day,  and  a  claimant  dis- 
satisfied with  the  rejection  of  his  claim  or  de- 
mand, or  with  the  amount  allowed  him  on  his  ac- 
count, may  sue  the  county  therefor  at  any  time 
within  six  months  after  the  final  action  of  the 
board,  but  not  afterward;  and  if,  in  such  action, 
jud.£?ment  is  recovered  for  more  than  the  board  al- 
lowed, on  presentation  of  a  certified  copy  of  the 
judgment,  the  board  must  allow  and  pay  the 
same,  together  with  the  costs  adjudged;  but  if  the 
more  is  recovered  than  the  board  allowed,  the 
board  must  pay  the  claimant  no  more  than  was 
originallj^  allowed. 

Sec.  44.  Warrants  drawn  by  order  of  the  Su- 
pervisors on  the  county  treasury  for  the  current 
expenses  during  each  year,  must  specify  the  lia- 
bility for  which  they  are  drawn,  and  when  they 
accrued,  and  must  be  paid  in  the  order  of  the  pre- 
sentation to  the  treasurer.  If  the  fund  is  insuflS- 
cient  to  pay  any  warrant,  it  must  be  registered, 
and  thereafter  paid  in  the  order  of  registration. 

Sec.  45.  No  member  of  the  board  must  be  in- 
terested, directly  or  indirectly,  in  any  property 
purchased  for  the  use  of  the  county,  nor  in  any 
purchase  or  sale  of  property  belonging  to  the 
county,  nor  in  any  contract  made  by  the  board, 
or  other  i)erson,  on  behalf  of  the  county,  for  the 
erection  of  public  buildings,  the  opening  or  im- 
provement of  roads,  or  the  building  of  bridges, 
or  for  any  purpose,  or  act  as  a  member  of  a  com- 
mittee or  board  of  reviewers. 

Sec.  46.  Whenever  an  application  is  made  to 
the  board  for  an  order,  franchise  or  license  relat- 
ing to  any  toll  road,  bridge,  ferry,  wharf,  chute, 
pier  or  other  subject  over  which  the  board  has 
jurisdiction,  in  which  a  majority  of  the  board  are 
interested,  the  application,  by  order  of  the 
board,  must  be  transferred  to  the  superior  court 
of  the  county.  The  cleric  of  the  board  must  there- 
upon certify  the  application,  and  all  orders  and 
papers  relating  thereto,  to  said  superior  court, 
and  thereafter  the  said  superior  court  shall  have 
full  jurisdiction  to  hear  and  determine  the  appli- 
cation. 

Sec.  47.  All  public  notices  of  proceedings  of  or 
to  be     had     before     the     board,     not     otherwise 


County  Government.  107 

specially  provided  for,  must  be  posted  at  the 
courthouse  door,  and  two  other  public  places  in 
the  county. 

Sec.  48.  The  board  must  require  the  assessor 
to  report  to  the  state  board  of  equalization,  an- 
nually, a  true  statement  of  the  agricultural  and 
industrial  pursuits  and  products  of  the  county, 
with  such  other  statistical  information  as  they 
may  direct. 

Sec.  49.  All  claims  against  the  county,  pre- 
sented by  members  of  the  board  of  supervisors 
for  per  diem  and  mileage,  or  other  service  ren- 
dered by  them,  must  be  itemized  and  verified  as 
other  claims,  and  must  state  that  the  service  has 
been  actually  rendered,  and  before  allowance 
such  claims  must  be  presented  to  the  district  at- 
torney, who  must  indorse  thereon,  in  v\a-iting,  his 
opinion  as  to  the  legality  thereof.  If  the  district 
attorney  declare  the  claim,  or  any  part  thereof,  il- 
legal, he  must  state  specifically  wherein  it  is  ille- 
gal, and  the  claim,  or  such  part,  must  then  be  re- 
jected by  said  board. 

Sec.  50.  The  board  must  have  prepared  by  the 
clerk,  and  when  he  is  not  also  auditor,  then  by 
that  ofticer,  and  under  their  direction,  prior  to 
their  annual  meeting  for  levying  taxes,  a  state- 
ment showing: 

1.  The  indebtedness  of  the  county,  funded  and 
floating,  stating  the  amount  of  each  class,  and  the 
rate  of  interest  borne  by  such  indebtedness,  or 
any  part  thereof. 

2.  A  concise  description  of  all  property  owned 
by  the  county,  with  an  approximate  estimate  of 
the  value  thereof,  and  the  amount  of  cash  in  the 
county  treasury  and  its  several  funds. 

Sec.  51.  The  board  must  receive  from  the 
United  States,  or  other  sources,  lands  and  other 
property  granted  or  donated  to  the  county  for 
the  purpose  of  aiding  in  the  erection  of  county 
buildings,  roads,  bridges  or  other  specific  pur- 
poses, and  may  use  the  same  therefor,  and  may 
provide  for  the  sale  of  the  same,  and  the  applica- 
tion of  the  proceeds  thereof. 

Sec.  52.  The  board  may  provide  for  widening, 
deepening,  straightening,  removing  obstructions 
from  and  otherwise  improving  all  streams  and 
washes  within  the  county  and  also  protecting  the 


108  County  Government. 

banks  and  adjacent  lands  from  overflow  of  such 
streams  or  washes,  when  the  same  are  not  de- 
clared by  law  to  be,  and  in  fact  are  not,  navigable 
for  commercial  purposes,  the  overflow  of  which 
interferes  with  highways;  and  provide  regula- 
tions for  the  use,  repair,  and  control  thereof;  but 
no  regulations  of  the  board,  nor  improvements  di- 
rected, must  in  any  manner  interfere  with  the 
private  rights  or  privileges  of  riparian  owners, 
miners  or  others.  Whenever,  in  the  opinion  of 
the  board  of  supervisors,  the  general  fund  is  in- 
suflacient  to  defray  the  costs  of  the  improvements 
provided  for  under  this  section,  they  may  levy  a 
tax  or  contract  a  bonded  indebtedness  therefor  in 
the  manner  provided  by  this  act. 

Sec.  5o.  Any  supervisor  who  refuses  or  neg- 
lects to  perform  any  duty  imposed  on  him,  with- 
out Just  cause  therefor,  or  who  willfully  violates 
any  law  provided  for  his  government  as  such  offi- 
cer, or  fraudulently  or  corruptly  performs  any 
duty  imposed  on  him,  or  willfully,  fraudulently 
or  corruptly  attempts  to  perform  an  act,  as  super- 
visor, unauthorized  by  law.  in  addition  to  the  pen- 
alty provided  in  the  Penal  Code,  forfeits  to  the 
county  five  hundred  dollars  for  every  such  act, 
to  be  recovered  on  his  oflicial  bond,  and  is  further 
liable  on  his  official  bond,  to  any  person  injured 
thereby,   for  all  damages  sustained. 

Sec.  54.  No  person  is  eligible  to  a  county,  dis- 
trict or  township  office,  who,  at  the  time  of  his 
election,  is  not  of  the  age  of  twenty-one  years,  a 
citizen  of  the  state,  and  an  elector  of  the  county, 
district,  or  township  in  Avhich  the  duties  of  the 
office  are  to  be  exercised;  provided,  that  any 
woman  who  is  of  the  age  of  twenty-one  years,  a 
citizen  of  the  state,  and  a  resident  of  the  county  or 
district,  shall  be  eligible  to  the  office  of  superin- 
tendent of  public  schools,  school  trustee  or  mem- 
ber of  the  county  board  of  education;  and  pro- 
vided further,  that  no  person  shall  hereafter  be 
eligible  to  the  office  of  district  attorney  who  has 
not  been  admitted  to  practice  in  the  supreme 
court  of  the  state  of  California. 

Sec.  .55.  The  officers  of  a  county  are  a  sheriff, 
a  county  clerk,  an  auditor,  a  recorder,  a  license 
collector,  a  tax  collector,  who  shall  be  ex-officio 
license  collector,  a  district  attorney,  an  assessor. 


County  Government.  109 

a  treasurer,  a  superintendent  of  schools,  a  public 
administrator,  a  coroner,  a  surveyor,  the  members 
of  the  board  of  supervisors  and  such  other  offi- 
cers as  may  be  provided  by  law.  In  counties 
where  the  board  of  supervisors  by  proper  ordi- 
nance so  elect,  except  as  otherwise  provided  in 
this  act,  tlie  duties  of  certain  of  the  above-men- 
tioned officers  are  hereby  consolidated  as  follows: 
sheriff  and  tax  collector;  auditor  and  recorder; 
county  clerli,  auditor  and  recorder;  county  clerk 
and  recorder;  county  clerk  and  auditor;  treasurer 
and  tax  collector;  assessor  and  tax  collector;  pub- 
lic administrator  and  coroner.  In  counties  where 
the  duties  of  said  officers  have  been,  or  may  here- 
after be,  consolidated  in  either  manner  above  des- 
ignated, the  board  of  supervisors  thereof,  by 
proper  ordinance,  may  elect  to  separate  the  duties 
so  consolidated,  and  reconsolidate  them  in  any 
other  manner  above  provided,  or  may  separate 
said  duties  without  reconsolidation,  and  provide 
that  the  duties  of  each  office  shall  be  performed 
by  a  separate  person,  whenever,  in  their  discre- 
tion, the  public  interest  will  be  best  subserved 
thereby.  When  offices  are  united  and  consoli- 
dated, the  person  elected  to  fill  the  offices  so 
united  and  consolidated  must  take  the  oath  and 
give  the  bond  required  for  each,  discharge  all  the 
duties  pertaining  to  each,  and  receive  the  compen- 
sation of  the  offices  consolidated. 

Sec.  56.  The  officers  of  a  township  are  two  jus- 
tices of  the  peace,  two  constables  and  such  sub- 
ordinate officers  as  are  provided  by  law.  In  town- 
ships containing  cities  in  which  city  justices  or 
recorders  are  elected,  there  shall  be  but  one  jus- 
tice of  the  peace;  except  as  hereinafter  otherwise 
provided,  and  in  townships  having  a  population 
less  than  four  thousand,  there  shall  be  but  one 
justice  of  the  peace  and  one  constable.  The  board 
of  supervisors  of  each  county,  as  public  conve- 
nience may  require,  shall  divide  their  respective 
counties  into  townships  for  the  purpose  of  elect- 
ing justices  of  the  peace  and  constables.  But  the 
provisions  of  this  section  shall  not  affect  any 
present  incumbent  of  the  office  of  justice  of-  the 
peace  or  constable. 

Sec.  57.    Whenever    notice    is    required    by    law 
to  be  published  in  a  newspaper  by  any  county  or 
Gen.  Laws— 10. 


110  County  Government. 

township  officer,  the  person  for  wliom  the  notice 
is  to  be  given  shall  pay  to  such  officer,  if  required, 
the  fees  for  such  publication,  in  advance.  And 
failure  to  publish  any  notice  required  by  law 
pertaining  to  the  duties  of  his  office,  shall  be  a 
misdemeanor. 

Sec.  58.  All  elective  county  and  township  ofla- 
cers,  and  city  justices  of  the  peace,  except  other- 
wise provided  for  in  this  act,  shall  be  elected  at 
the  general  election  at  which  the  Governor  is 
elected,  and  shall  take  office  at  twelve  o'clock 
meridian  on  the  first  Monday  after  the  first  day  of 
January  next  succeeding  their  election.  All  ofii- 
cers  elected  under  the  provisions  of  this  act  shall 
hold  office  until  their  successors  are  elected  or  ap- 
pointed and  qualified.  Supervisors  shall  be  elected 
at  the  general  election  prior  to  expiration  of  the 
term  of  the  incumbent.  The  sui>ervisors  of  rny 
county  created  after  the  first  clay  of  January, 
eighteen  hundred  and  ninety-three,  shall,  within 
six  months  after  the  first  general  election  suc- 
ceeding the  creation  of  such  county,  classify 
themselves  by  lot  into  two  classes,  as  nearly 
equal  in  number  as  possible,  and  the  term  of 
office  of  the  class  having  the  greater  number  shall 
expire  in  two  years  from  such  general  election, 
and  the  term  of  office  of  the  class  having  the 
lesser  number  shall  terminate  in  four  years  from 
such  general  election. 

Sec."  59.  Every  county,  township,  or  district 
officer,  except  a  supervisor  or  judicial  officer,  may 
appoint  as  many  deputies  as  may  be  necessary 
for  the  prompt  and  faithful  discharge  of  the 
duties  of  his  office.  Such  appointment  must  be 
made  in  writing,  and  filed  in  the  office  of  the 
county  clerk;  and  until  such  appointment  is  so 
made  and  filed,  and  until  such  deputy  shall  have 
taken  the  oath  of  office,  no  one  shall  be  or  act  as 
such  deputy. 

Sec.  GO.  Whenever  the  official  name  of  any 
principal  officer  is  used  in  any  law  conferring 
power,  or  imposing  duties  or  liabilities,  it  includes 
deputies. 

Sec.  61.  All  county  officers  must  have  their 
offices  at  the  county  seat,  and  the  sheriff,  clerk, 
recorder,  auditor,  treasurer  and  district  attorney 
must  keep  their  offices  open  for  the  transaction 


County   Governraeut,  111 

of  business  from     nine     o'clocli  a.  m.  until     five 
o'clock:   p.    m.,    non-judicial    clays    excepted. 

Sec.  62.  Wbenever,  except  in  criminal  prosecu- 
tions, any  special  penalty,  forfeiture  or  liability 
is  imposed  on  any  officer  for  non-performance 
or  mal-performance  of  official  duties,  tlie  liability 
therefor  attaches  to  the  official  bond  of  such  offi- 
cer, and  to  the  principal  and  sureties  thereon. 

Sec.  63.  Every  officer  mentioned  in  section 
fifty-five,  and  his  deputies,  and  every  justice  of 
the  peace,  may  administer  and  certify  oaths. 

Sec.  64.  A  county  or  township  officer  shall  in 
no  case  absent  himself  from  the  state  for  a  period 
of  more  than  sixty  days  in  any  one  year,  and  for 
no  period  without  the  consent  of  the  board  of 
supervisors  of  the  county,  except  when  on  busi- 
ness for  the  state;  provided,  that  in  case  of  ill- 
ness or  urgent  necessity,  the  board  of  supervisors 
may,  on  a  proper  showing  of  such  illness  or  ur- 
gent necessity,  extend  the  time  herein  limited,  for 
the  absence  of  any  such  officer,  not  to  exceed  six 
months. 

Sec.  65.  Sheriffs,  clerks  and  constables,  and 
their  deputies,  are  prohibited  from  practicing  law, 
or  acting  as  attorneys  or  counselors  at  law,  in  the 
counties  where  they  reside  and  hold  office,  or  from 
having  as  a  partner  a  lawyer,  or  any  one  who 
acts  as  such,  and  no  county  officer,  or  his  deputy, 
except  district  attorneys  and  treasurers,  shall  be 
eligible  to  the  office  of  notary  public,  or  perform 
the  duties  of  the  same. 

Sec.  66.  The  board  of  supervisors  of  each 
county  shall,  on  or  before  the  first  Monday  in 
September,  preceding  the  election  of  the  following 
officers,  prescribe  the  amount  in  which  said  officers 
must  execute  official  bonds:  treasurer,  county 
clerk,  auditor,  sheriff,  tax  collector,  district  attor- 
ney, recorder,  assessor,  surveyor,  superintendent 
of  schools,  public  administrator,  coroner,  justice 
of  the  peace  and  constable.  The  judge  or  judges 
of  the  superior  court  shall,  on  or  before  the  said 
first  Monday  of  September,  prescribe  the  amount 
in  which  each  member  of  the  board  of  supervisors 
must  execute  an  official  bond  before  entering 
upon  the  discharge  of  the  duties  of  his  office.  The 
bonds  and  sureties  of  such  officers  must,  before 
the  bonds  can  be  recorded  and  filed,  be  approved 


112  County  Government. 

bj'-  the  judge,  or  judges,  if  there  be  more  than 
one,  of  the  superior  court.  All  persons  offered  as 
sureties  on  official  bonds  may  be  examined  on 
oath  touching  their  qualifications,  and  no  person 
can  be  admitted  as  surety  on  any  such  bond  un- 
less he  is  a  resident  and  freeholder  or  householder 
within  the  state,  and  is  worth  in  real  and  per- 
sonal property,  or  both,  situate  in  this  state,  the 
amount  of  his  undertalving,  over  and  above  all 
sums  for  which  he  is  already  liable,  exclusive  of 
property  exempt  from  execution  and  forced  sale. 
All  official  bonds  shall  be  recorded  in  tlie  office 
of  the  county  recorder,  and  then  filed  and  kept  in 
the  office  of  the  county  cleric.  The  official  bond  of 
the  county  clerk  shall,  after  being  recorded,  be 
filed  and  kept  in  the  office  of  the  county  treasurer. 
The  tax  collector  shall  also  before  qualifying  give 
a  bond  as  license  collector  in  such  sum  as  may 
be  fixed  by  the  board  of  supervisors,  to  be  ap- 
proved as  herein  provided. 

COUNTY     TREASURER. 

Sec.  67.    The  county  treasurer  must: 

1.  Receive  all  moneys  belonging  to  the  county, 
and  all  other  moneys  by  law  directed  to  be  paid 
to  him,  safely  keep  the  same,  and  apply  and  pay 
them  out,  rendering  the  account  thereof  as  re- 
quired by  law. 

2.  File  and  keep  the  certificates  of  the  auditor 
delivered  to  him  when  moneys  are  paid  into  the 
treasury. 

3.  Keep  an  account  of  the  receipt  and  expendi- 
ture of  all  such  moneys,  in  books  provided  for  the 
purpose,  in  which  must  be  entered  the  amount, 
the  time  when,  from  whom,  and  on  what  account 
all  moneys  were  received  by  him;  the  amount, 
time  when,  to  whom,  and  on  what  account  all 
disbursements  were  made  by  him. 

4.  So  keep  his  books  that  the  amount  received 
and  paid  out  on  account  of  separate  funds  or  spe- 
cific appropriations  are  exhibited  in  separate  and 
distinct  accounts,  and  the  whole  receipts  and  ex- 
penditures shown  in  one  general  or  cash  account. 

5.  Enter  no  monej-s  received  for  the  current 
year  on  his  account  with  the  county  for  the  past 
fiscal  year,  until  after  his  annual  settlement  for 


County   Government.  113 

the  past  year  has  been  made  with     the     county 
auditor. 

6.  Disburse  the  county  moneys  only  on  county 
warrants,  issued  by  the  county  auditor,  except  on 
settlement  with   the   state. 

7.  Disburse  the  moneys  in  the  treasury  on  such 
warrants  only  when  they  are  based  on  orders  of 
the  board  of  supervisors,  or  upon  order  of  the  su- 
perior court,  or  as  otherwise  provided  by  law. 

Sec.  68.  He  must  receive  no  money  into  the 
treasury  unless  accompanied  by  the  certificate 
of  the  auditor,  provided  for  in  section  one  hun- 
dred and  eleven. 

Sec.  69.  When  any  money  is  paid  to  the  county 
treasurer  he  must  give  to  the  person  paying  the 
same  a  receipt  therefor,  which  must  forthwith  be 
deposited  with  the  county  auditor,  who  must 
charge  the  treasurer  therewith,  and  give  the  per- 
son paying  the  same  a  receipt. 

Sec.  70.  When  a  warrant  is  presented  for  pay- 
ment, if  there  is  money  in  the  treasury  for  that 
purpose,  he  must  pay  the  same  and  write  on  the 
face  thereof  "Paid,"  the  date  of  payment,  and 
sign  his  name  thereto. 

Sec.  71.  When  any  warrant  is  presented  to  the 
treasurer  for  payment,  and  the  same  is  not  paid 
for  want  of  funds,  the  treasurer  must  indorse 
thereon  "Not  paid  for  want  of  funds,"  with  the 
date  of  presentation,  and  sign  his  name  thereto, 
and  from  that  time  until  paid  the  warrant  bears 
five  per  cent,  interest  per  annum. 

Sec.  72.  When  there  are  sufficient  moneys  In 
the  treasury  to  pay  the  warrants  drawing  inter- 
est, the  treasurer  must  give  notice  in  some  news- 
paper published  in  the  county,  or  if  none  is  pub- 
lished therein,  then  by  written  notice  posted  upon 
the  courthouse  door,  stating  therein  that  he  is 
ready  to  pay  such  warrants.  From  the  first  pub- 
lication or  posting  of  such  notice,  such  warrants 
cease  to  draw  interest. 

Sec.  73.  In  advertising  warrants  under  the  pro- 
visions of  the  preceding  section  in  any  newspaper, 
the  treasurer  must  not  publish  the  warrants  in 
detail,  but  give  notice  only  that  county  warrants 
presented  for  payment  prior  to  such  a  date,  stated 
in  the  notice,  are  payable.  When  a  part  only  of 
the  warrants  presented  for  payment  on  the  same 


114  County  Government. 

day  are  payable,  the  treasurer  must  designate 
such  payable  warrants  in  the  advertisement. 

See.  74.  Warrants  drawn  on  the  treasury,  and 
properly  attested,  are  entitled  to  preference  as  to 
payment  out  of  moneys  in  the  treasury  properly 
applicable  to  such  warrants,  according  to  the  or- 
der in  which  they  were  presented.  The  time  of 
presenting-  such  warrants  must  be  noted  by  the 
treasurer,  and  upon  receipt  of  moneys  into  the 
treasury  not  appropriated,  he  must  set  apart  the 
same,  or  so  much  thereof  as  is  necessary  for  the 
payment  of  such  warrants. 

Sec.  75.  Should  such  warrants  not  be  again 
presented  for  payment  within  sixty  days  from  the 
time  the  notice  hereinbefore  provided  for  is  given, 
the  fund  set  aside  for  the  payment  of  the  same 
must  be  by  the  treasurer  applied  to  the  payment 
of  unpaid  warrants  next  in  order  of  registry.  The 
board  of  supervisors  may,  on  application  and  pre- 
sentation of  warrants  properly  indorsed,  which 
have  been  advertised,  pass  an  order  directing  the 
treasurer  to  pay  them  out  of  any  money  in  the 
treasury  not  otherAvise  appropriated. 

Sec.  76.  When  the  treasurer  pays  any  warrant 
upon  which  any  interest  is  due,  he  must  note  on 
the  warrant  the  amount  of  interest  paid  thereon 
and  enter  on  his  account  the  amount  of  such  in- 
terest distinct  from  the  principal. 

Sec.  77.  The  treasurer  must  settle  his  accounts 
relating  to  the  collection,  care  and  disbursement 
of  public  revenue,  of  whatsoever  nature  and  kind, 
with  the  auditor,  on  the  first  Monday  of  each 
month.  For  the  purpose  of  malcing  such  settle- 
ment, he  must  make  a  statement,  under  oath,  of 
the  amount  of  money  or  other  property  received 
prior  to  the  period  of  such  settlement,  the  sources 
whence  the  same  was  derived,  the  amount  of  pay- 
ments or  disbursements,  and  to  whom,  with  the 
amount  remaining  on  hand.  He  must,  in  such 
settlements,  de])osit  all  warrants  redeemed  by 
him,  and  take  the  auditor's  receipt  therefor.  He 
must  also  make  a  full  settlement  of  all  accounts 
with  the  auditor,  annually,  on  the  first  Monday 
of  January,  in  the  presence  of  the  supervisors. 

Sec.  78.  Each  county  treasurer  must  make  a 
detailed  report,  at  every  regular  meeting  of  the 
board  of  supervisors  of  his  county,  of  all  moneys 


Couuty  Government.  115      • 

received  by  him,  and  the  disbursement  thereof, 
and  of  all  debts  due  to  and  from  the  county,  and 
of  all  other  proceedings  in  his  office,  so  that  the 
receipts  into  the  treasury  and  the  amount  of  dis- 
bursements, together  with  the  debts  due  to  and 
from  the  county,  may  distinctly  appear. 

Sec.  79.  If  any  county  treasurer  neglect  or  re- 
fuse to  settle  or  report,  as  required  in  sections 
seventy-seven  and  seventy-eight,  he  forfeits  and 
must  pay  to  the  county  the  sum  of  five  hundred 
dollars  for  every  such  neglect  or  refusal,  and  the 
board  of  supervisors  must  institute  suits  for  the 
recovery  thereof. 

Sec.  80.  If  the  district  attorney  refuse  or  neg- 
lect to  account  for  and  pay  over  money  received 
by  him,  as  required  by  the  fifth  subdivision  of 
section  one  hundred  and  thirty-two,  he  shall  be 
liable  for  such  refusal  or  neglect  upon  his  official 
bond,  and  the  county  treasurer  must  bring  an  ac- 
tion against  him  for  the  recovery  thereof,  in  the 
name  of  the  county,  and  may  recover  in  such  ac- 
tion, in  addition  to  the  amount  so  received,  fifty 
per  cent,  thereon  by  way  of  damages.  And  no 
order  of  the  board  of  supervisors  shall  be  neces- 
sary to  bring  such  action.  His  reasonable  expen- 
ses, including  attorney's  fees,  shall  be  a  county 
charge. 

Sec.  81.  The  treasurer,  upon  receiving  from  the 
coroner,  or  justice  of  the  peace  acting  as  coroner, 
money  found  on  a  dead  body,  must  place  it  to  the 
credit  of  the  county;  on  receiving  other  property 
in  like  manner,  he  must,  within  thirty  days,  sell 
it  at  public  auction,  upon  reasonable  public 
notice,  and  must,  in  like  manner,  place  the  pro- 
ceeds to  the  credit  of  the  county.  All  said  moneys 
must  be  kept  in  a  separate  fund. 

Sec.  82.  If  the  money  in  the  treasury  is  de- 
manded within  six  years,  by  the  legal  representa- 
tives of  the  decedent,  the  treasurer  must  pay  it 
to  them,  after  deducting  the  fees  and  expenses  of 
the  coroner,  and  of  the  county,  in  relation  to  the 
matter,  or  the  same  may  be  so  paid  at  any  time 
thereafter,  upon  the  order  of  the  board  of  super- 
visors. 

Sec.  83.  The  county  treasurer  must  keep  all 
moneys  belonging  to  this  state,  or  to  any  county 
of  this  state,  in  his     own     possession,  until     dis- 


IIG  Coimty  Goveiiiment. 

bursed  according  to  law.  He  must  not  place  the 
same  in  the  possession  of  any  person,  to  be  used 
for  any  purpose;  nor  must  he  loan,  or  in  any 
manner  use,  or  permit  any  person  to  use  the 
same,  except  as  provided  by  law;  but  nothing  in 
this  section  prohibits  him  from  making  special  de- 
posits for  the  safe  keeping  of  the  public  moneys; 
but  he  shall  be  liable  therefor  on  his  official  bond. 

Sec.  84.  Whenever  an  action,  based  upon  offi- 
cial misconduct,  is  commenced  against  any 
county  treasurer,  the  supervisors  may,  in  their 
discretion,  suspend  him  from  office  until  such  suit 
is  determined,  and  may  appoint  some  person  to 
fill  the  vacancy,  who  shall  qualify  and  give  such 
bond  as  may  be  required  by  the  board  of  super- 
visors. 

Sec.  85.  In  case  of  the  death  of  any  county 
treasurer,  his  legal  representatives  must  deliver 
up  to  the  person  appointed  to  fill  the  vacancy  oc- 
casioned by  such  death,  all  official  moneys,  books, 
accounts,  papers  and  documents  which  are  or 
may  come  into  their  possession. 

Sec.  86.  The  books,  accounts  and  vouchers  of 
the  treasurer  are  at  all  times  subject  to  the  in- 
spection and  examination  of  the  board  of  super- 
visors and  grand  jury. 

Sec.  87.  The  treasurer  must  permit  the  chair- 
man of  the  board  of  supervisors,  district  attorney 
and  auditor  to  examine  his  books  and  count  the 
money  in  the  treasury,  whenever  they  may  wish 
to  make  an  examination  or  counting. 

SHERIFF. 

Sec.  88.  "Process,"  as  used  in  this  act,  includes 
all  writs,  warrants,  summons  and  orders  of  courts 
of  justice,  or  judicial  officers.  "Notice"  includes 
all  papers  and  orders  (except  process)  required  to 
be  served  in  any  proceeding  before  any  court, 
board  or  officer,  or  wlien  I'cquired  by  law  to  be 
served  independently  of  such  proceeding. 

Sec.  89.    The  sheriff  must: 

1.  Preserve  the  peace. 

2.  Arrest  and  take  before  the  nearest  magistrate 
for  examination  all  persons  who  attempt  to  com- 
mit, or  who  have  committed,  a  public  offense. 

3.  Prevent  and  suppress  any  affrays,  breaches 


County  Government.  117 

of  the  peace,  riots  and  insurrections  which  may 
come  to  his  knowledge. 

4.  Attend  all  superior  courts  held  within  his 
county,  and  obey  all  lawful  orders  and  directions 
of  all  courts  held  within  his  county. 

5.  Command  the  aid  of  as  many  male  inhabi- 
tants of  his  county  as  he  may  think  necessary  in 
the  execution  of  these  duties. 

6.  Take  charge  of  and  keep  the  county  jail,  and 
the  prisoners  therein. 

7.  Release  on  the  record  all  attachments  of  real 
property,  when  the  attachment  placed  in  his  hand 
has  been  released  or  discharged. 

8.  Indorse  upon  all  process  and  notices  the 
year,  montli,  day,  hour  and  minute  of  reception, 
and  issue  therefor  to  the  person  delivering  it,  on 
payment  of  fees,  a  certificate  showing  the  names 
of  the  parties,  title  of  paper  and  time  when  re- 
ceived. 

9.  Serve  all  process  and  notices  in  the  manner 
prescribed  by  law. 

10.  Certify,  under  his  hand,  upon  process  or  no- 
tices, the  manner  and  time  of  service,  or  if  he 
fails  to  make  service,  the  reason  of  his  failure, 
and  return  the  same  without  delay. 

Sec.  90.  When  process  or  notices  are  return- 
able to  another  county,  he  may  inclose  such 
process  or  notice  in  an  envelope,  addressed  to  the 
officer  from  whom  the  same  emanated,  and  de- 
posit it  in  the  postoffice,  prepaying  postage. 

Sec.  91.  The  return  of  the  sheriff  upon  process 
or  notices  is  prima  facie  evidence  of  the  facts  in 
such  return  stated. 

Sec.  92.  If  a  sheriff  does  not  return  a  process 
or  notice  in  his  possession,  with  the  necessary  in- 
dorsement thereon,  without  delay,  he  is  liable  to 
the  party  aggrieved  for  the  sum  of  two  hundred 
dollars,  and  for  all  damages  sustained  by  him. 

Sec.  93.  If  the  sheriff  to  whom  a  writ  of  execu- 
tion is  delivered  neglects  or  refuses,  after  being 
required  by  the  creditor  or  his  attorney,  the  fees 
having  first  been  paid  or  tendered,  to  levy  upon  or 
sell  any  property  of  the  party  charged  in  the  writ, 
which  is  liable  to  be  levied  upon  "and  sold,  he  is 
liable  to  the  creditor  for  the  value  of  such  prop- 
erty. 

Sec,  94,    If  he  neglects  or  refuses  to  pay    over, 


118  County  Government. 

on  demand,  to  the  person  entitled  thereto,  any 
money  which  may  come  into  his  hands  by  virtue 
of  his  oftice  (after  deducting  all  legal  fees),  the 
amount  thereof,  with  twenty-five  per  cent,  dam- 
ages, and  interest  at  the  rate  of  ten  per  cent,  per 
month,  from  the  time  of  demand,  may  be  recov- 
ered by  such  person. 

Sec.  95.  A  sheriff  who  suffers  the  escape  of  a 
person  arrested  in  a  civil  action,  without  the  con- 
sent or  connivance  of  the  party  in  whose  behalf 
the  arrest  or  imprisonment  is  made,  is  liable  as 
follows : 

1.  When  the  arrest  is  upon  an  order  to  hold  to 
bail,  or  upon  a  surrender  in  exoneration  of  bail 
before  judgment,  he  is  liable  to  the  plaintiff  as 
bail. 

2.  When  the  arrest  is  on  an  execution  or  com- 
mitment to  enforce  the  payment  of  money,  he  is 
liable  for  the  amount  expressed  in  the  execution 
or  commitment. 

3.  When  the  arrest  is  on  an  exeQution  or  com- 
mitment other  than  to  enforce  the  payment  of 
money,  he  is  liable  for  the  actual  damages  sus- 
tained. 

4.  Upon  being  sued  for  damages  for  an  escape 
or  rescue,  he  may  introduce  evidence  in  mitiga- 
tion and  exculpation. 

Sec.  90.  He  is  liable  for  the  rescue  of  a  person 
arrested  in  a  civil  action,  equally  as  for  an  es- 
cape. 

Sec.  97.  An  action  cannot  ho  maintained 
against  the  sheriff  for  a  rescue,  or  for  an  escape 
of  a  person  arrested  upon  an  execution  or  com- 
mitment, if,  after  his  rescue  or  escape,  and  before 
the  commencement  of  the  action,  tlie  prisoner  re- 
turns to  the  jail,  or  is  retaken  by  tlie  slioriff. 

Sec.  98.  No  direction  or  authority  by  a  party 
or  his  attorney  to  a  sheriff,  in  respect  to  the  exe- 
cution of  process  or  return  thereof,  or  to  any  act 
or  omission  relating  thereto,  is  available  to  dis- 
charge or  excuse  the  sheriff  from  a  liability  for 
neglect  or  misconduct,  unless  it  is  contained  in  a 
writing,  signed  by  the  attorney  of  the  party,  or  by 
the  party,  if  he  has  no  attorney. 

Sec.  99.  When  the  sheriff"  is  committed,  under 
an  execution  or  commitment,  for  not  paying  over 
money  received  by  him  by  virtue  of  his  office,  and 


County  Government.  119 

remains  committed  for  sixty  days,  bis  office  is  va- 
cant. 

Sec.  100.  A  slierift  or  other  ministerial  officer 
is  justified  in  the  execution  of,  and  must  execute, 
all  process  and  orders  regular  on  their  face,  and 
issued  by  competent  authority,  whatever  may  be 
the  defect  in  the  proceedings  upon  which  they 
were  issued. 

Sec.  101.  The  officer  executing  process  must 
then,  and  at  all  times  subsequent,  so  long  as  he 
retains  it,  upon  request,  show  the  same,  with  all 
papers  attached,  to  any  person  interested  therein. 

Sec.  102,  The  sheriff  in  attendance  upon  court 
must  act  as  the  crier  thereof,  call  the  parties  and 
witnesses,  and  all  other  persons  bound  to  appear 
at  the  court,  and  malve  proclamation  of  the  open- 
ing and  adjournment  of  the  court,  and  of  any 
other  matter  under  its  direction. 

Sec.  103.  Service  of  a  paper,  other  than  process, 
upon  the  sheriff  may  be  made  by  delivering  it  to 
him  or  to  one  of  his  deputies,  or  to  a  person  in 
charge  of  the  office  during  ofiice  hours;  or,  if  no 
such  person  be  there,  by  leaving  it  in  a  conspicu- 
ous place  in  the  office.  When  any  process  re- 
mains with  the  sheriff  unexecuted,  in  whole  or  in 
part,  at  the  time  of  his  death,  resignation  of 
office,  or  at  the  expiration  of  his  term  of  office, 
said  process  shall  be  executed  by  his  successor  or 
successors  in  office;  and  when  the  sheriff  sells  real 
estate,  under  and  by  virtue  of  an  execution  or  or- 
der of  court,  he  or  his  successors  in  office  shall 
execute  and  deliver  to  the  purchaser  or  purchas- 
ers all  such  deeds  and  conveyances  as  are  re- 
quired by  law  and  necessary  for  the  purpose,  and 
such  deeds  and  conveyances  shall  be  as  valid  in 
lavv'  as  if  they  had  been  executed  by  the  sheriff 
who  made  the  sale. 

Sec.  104.  When  the  sheriff  is  a  party  to  an  ac- 
tion or  proceeding,  the  process  and  orders  therein, 
which  it  would  otherwise  be  the  duty  of  the 
slieriff  to  execute,  must  be  executed  by  the  coroner 
of  the  county;  provided, when  any  action  is  begun 
against  the  sheriff,  all  process  and  orders  may  be 
served  by  any  person,  a  citizen  of  the  United 
State  over  the  age  of  eighteen  years,  in  the  man- 
ner provided  in  the  Code  of  Civil  Procedure. 

Sec.  105.    Process  or  orders  in  an  action  or  pro- 


120  County  Government. 

ceeding  may  be  executed  by  a  person  residing  in 
the  county,  designated  by  the  court,  or  the  judge 
thereof,  and  denominated  an  elisor,  in  the  fol- 
lowing cases: 

1.  When  the  sheriff  and  coroner  are  both  par- 
ties; 

2.  When  either  of  these  officers  is  a  party,  and 
the  process  is  against  the  other;  and 

3.  When  either  of  these  offi'cers  is  a  party,  and 
there  is  a  vacancy  in  the  office  of  the  other,  or 
where  it  appears,  by  affidavit,  to  the  satisfaction 
of  the  court  in  which  the  proceeding  is  pending, 
or  the  judge  thereof,  that  both  of  these  officers 
are  disqualified,  or  by  reason  of  any  bias,  preju- 
dice or  other  cause,  would  not  act  promptly  or  im- 
partially. 

When  process  is  delivered  to  an  elisor,  he  must 
execute  and  return  it  in  the  same  manner  as  the 
sheriff  is  required  to  execute  similar  process. 
Whenever  process  is  executed,  or  any  act  per- 
formed by  a  coroner  or  elisor,  in  the  cases  pro- 
vided by  law  in  that  behalf,  such  coroner  or  elisor 
shall  be  entitled  to  receive  a  reasonable  compen 
sation,  to  be  fixed  by  the  court,  to  be  paid  by 
the  plaintiff  in  case  of  the  summoning  of  jurors  to 
complete  the  panel,  and  by  the  person  or  party 
requiring  the  service  in  all  other  cases  in  private 
action.  If  rendered  at  the  instance  of  the  people, 
it  shall  be  audited  and  paid  as  a  county  charge. 

Sec.  106.  The  sheriff  must  perform  such  other 
duties  as  are  required  by  law. 

COUNTY     CLERK. 

Sec.    107.    The  county  clerk  must: 

1.  Talie  charge  of  and  safely  keep,  or  dispose 
of,  according  to  law,  all  books,  papers  and  records 
which  may  be  filed  or  deposited  in  his  office. 

2.  Act  as  clerk  of  the  board  of  supervisors  and 
as  clerk  of  the  superior  court,  and  attend  each 
session  thereof,  and  upon  the  judge  at  chambers, 
when  required. 

3.  Issue  all  process  and  notices  required  to  be 
issued;  enter  a  synopsis  of  all  orders,  judgments 
and  decrees  proper  to  be  entered,  unless  the  court 
sliall  order  them  to  be  entered  at  length;  keep 
in  the  superior  court  a  docket,  in  which  must  be 


County  Government.  121 

entered  the  title  of  each  cans,  with  the  date  of 
its  commencement;  a  memorandum  of  every  sub- 
sequent proceeding  therein,  with  date  thereof, 
and  a  list  of  all  the  fees  charged. 

4.  Keep  for  the  superior  court  an  index  of  all 
suits,  labeled  "General  Index— Plaintiffs,"  each 
page  of  which  must  be  divided  into  seven  col- 
umns, under  their  respective  heads,  alphabeti- 
cally arranged,  as  follows:  "Number  of  Suit," 
"Plaintiffs,"  "Defendants,"  "Date  of  Judgment," 
"Number  of  Judgment,"  "Page  of  Entry  of  Judg- 
ment of  Judgment  Book,"  "Page  of  Minute 
Book";  also  an  index,  labeled  "General  Index- 
Defendants,"  each  page  of  which  must  be  divided 
into  seven  columns,  under  their  respective  heads, 
alphabetically  arranged,  as  follows:  "Number  of 
Suit,"  "Defendants,"  "Plaintiffs,"  "Date  of  Judg- 
ment," "Number  of  Judgment,"  "Page  of  Entry 
of  Judgment  in  Judgment  Book,"  "Page  in  Order 
Book";  keep  an  index  of  the  names  of  persons 
naturalized. 

Sec.  108.  He  must  keep  such  other  records  and 
perform  such  other  duties  as  are  prescribed  by 
law. 

COUNTY     AUDITOR. 

Sec.  109.  The  auditor  must  issue  warrants  as 
provided  in  section  forty-one,  on  the  county  treas- 
urer, in  favor  of  all  persons  entitled  thereto,  in 
payment  of  all  claims  and  demands  chargeable 
against  the  county,  which  have  been  legally  ex- 
amined, allowed  and  ordered  paid  by  the  board 
of  supervisors.  The  auditor  must  also  issue  war- 
rants on  the  county  treasurer  for  all  debts  and  de- 
mands against  the  county,  when  the  amounts  are 
fixed  by  law,  or  are  authorized  by  law  to  be  al- 
lowed by  some  person  or  tribunal  other  than  the 
board  of  supervisors. 

Sec.  110.  All  warrants  must  distinctly  specify 
tlie  liability  for  which  they  are  drawn,  and  wheiji 
it  accrued. 

Sec.  111.  The  auditor  must  examine  and  settle 
the  accounts  of  all  persons  or  officers  indebted  to 
the  county,  or  holding  moneys  payable  into  the 
county  treasury,  and  must  certify  the  amount  to 
the  treasurer,  and  upon  the  presentation  and  fil- 
ing of  the  treasurer's  receipt  therefor,  give  to 
Gen.  Laws— 11. 


122  County  Government 

such  persons  a  discharge,  and  charge  the  treas- 
urer with  the  amount  received  by  him. 

Sec.  112.  The  auditor  must  l^eep  accounts  cur- 
rent with  the  treasurer,  and  when  any  person  de- 
posits with  the  auditor  any  receipt  given  by  the 
treasurer  for  any  money  paid  into  the  treasury, 
the  auditor  must  file  such  receipt,  and  charge  the 
treasurer  witli  the  amount  thereof. 

Sec.  113.  All  warrants  issued  by  the  auditor 
during  each  year,  commencing  with  the  first  Mon- 
day after  the  first  day  of  January,  must  be  num- 
bered consecutively,  and  the  number,  date  and 
amount  of  each,  and  the  name  of  the  person  to 
whom  payable,  and  the  purpose  for  which  drawn, 
must  be  stated  thereon;  and  they  must,  at  the 
time  they  are  issued,  be  registered  by  him,  and 
after  such  warrants  have  remained  uncalled  for 
for  two  years  they  shall  be  canceled. 

Sec.  114.  The  auditor  must,  between  the  first 
and  tenth  day  of  each  month,  examine  the  books 
of  the  treasurer  and  see  that  the  same  have  been 
correctly  kept. 

Sec.  115.  The  chairman  of  the  board  of  super- 
visors, district  attorney  and  auditor,  must,  at 
least  once  in  each  month,  count  the  money  in  the 
county  treasury,  and  make  and  verify  in  dupli- 
cate, statements  showing: 

1.  The  amount  of  money  that  ought  to  be  in 
the  treasury. 

2.  The  amount  and  kind  of  money  actually 
therein. 

Sec.  116.  They  must  file  one  of  the  statements 
in  the  office  of  the  county  clerk,  and  the  auditor 
must  post  and  maintain  the  other  in  his  office  for 
at  least  one  month  thereafter. 

Sec.  117.  The  auditor  and  treasurer  of  each 
county  must,  on  the  first  Monday  in  February, 
May,  August  and  November,  and  at  such  other 
times  as  the  board  of  supervisors  may  require, 
make  a  joint  statement  to  the  board  of  supervi- 
sors, showing  the  whole  amount  of  collections 
(Stating  particularly  the  source  of  each  portion  of 
the  revenue)  from  all  sources  paid  into  the  county 
treasury;  the  funds  among  which  the  same  were 
distributed,  and  the  amount  to  each;  the  total 
amount  of  warrants  drawn  and  paid,  and  on  what 
fund;  the  total  amount  of     warrants  drawn  and 


County  Government.  123 

unpaid,  the  accounts  or  claims  audited  or  allowed 
and  unpaid,  and  the  fund  out  of  which  they  are 
to  be  paid;  and,  generally,  make  a  full  and  spe- 
cific showing  of  the  financial  condition  of  the 
county.  The  auditor  shall  prepare  and  submit 
to  the  board  of  supervisors,  each  year,  a  statisti- 
cal report,  showing  in  compendious  form  all  finan- 
cial transactions  of  the  county,  yearly,  exhibiting 
separately  the  receipts  and  expenditures  by  or  on 
account  of  each  ofiice,  board,  commission,  insti- 
tution, court  and  road  district  and  school  district, 
and  classify  the  principal  items  of  income  and  ex- 
penditure, according  to  a  plan  to  be  approved  by 
the  board  of  supervisors,  and  the  board  of  super- 
visors shall  publish  the  same. 

Sec.  118.  The  auditor  must  discharge  such 
other  duties  as  are  required  by  law. 

COUNTY     RECORDER. 

Sec.  119.  The  recorder  must  procure  such 
books  for  records  as  the  business  of  his  ofiice  re- 
quires, but  orders  for  the  same  must  first  be  ob- 
tained from  the  board  of  supervisors.  The  books 
used  may  contain  printed  forms  of  deeds,  mort- 
gages or  other  instruments  of  general  use.  He 
has  the  custody  of,  and  must  keep  all  books, 
records,  maps  and  papers  deposited  in  his  office. 

Sec.  120.  He  must,  upon  the  payment  of  his 
fees  for  the  same,  record,  separately,  in  large  and 
well-bound  separate  books,  in  a  fair  hand: 

1.  Deeds,  grants,  transfers  and  mortgages  of 
real  estate,  releases  of  mortgages,  powers  of  at- 
torney to  convey  real  estate,  and  leases  which 
have  been  acknowledged  and  approved. 

2.  Mortgages  of  personal  property. 

3.  Certificates  of  marriage  and  marriage  con- 
tracts. 

4.  Wills   admitted  to  probate. 

5.  Official  bonds. 

6.  Notice  of  mechanics'  lien. 

7.  Transcripts  of  judgments,  which  by  law  are 
made  liens  upon  real  estate. 

8.  Notices  of  attachments  upon  real  estate. 

9.  Notices  of  the  pendency  of  an  action  affect- 
ing real  estate,  the  title  thereto,  or  the  possession 
thereof. 


124  County  Governmeikt. 

10.  Instruments  describing?  or  relating-  to  the 
separate  property  of  married  women. 

11.  Births  and  deaths;  and, 

12.  Such  other  writings  as  are  required  or  per- 
mitted by  law  to  be  recorded. 

Sec.  121.    Every  recorder  must  keep: 

1.  An  index  of  deeds,  grants  and  transfers,  la- 
beled "Grantors,"  each  page  divided  into  four  col- 
umns, headed,  respectively:  "■  -^iit's  <"f  <^rant- 
ors,"  "Names  of  Grantees,"  "Date  of  Deeds, 
Grants  or  Transfers"  and  "Where  Recorded." 

2.  An  index  of  deeds,  labeled  "Grantees,"  each 
page  divided  into  four  columns,  headed,  respec- 
ively:  "Names  of  Grantees,"  "Names  of  Grant- 
ors," "Date  of  Deeds,  Grants  or  Transfers,"  and 
"Where  Recorded." 

3.  Two  indices  of  mortgages,  labeled,  respect- 
ively: "Mortgagors  of  Real  Property,"  "Mort- 
gagors of  Personal  Property,"  with  the  pages 
thereof  divided  into  five  columns,  headed,  respect- 
ively: "Names  of  Mortgagors,"  "Names  of  Mort- 
gagees," "Date  of  Mortgages,"  "Where  Re- 
corded," "When  Discharged." 

4.  Two  indices  of  mortgages,  labeled,  respect- 
ively: "Mortgagees  of  Real  Property,"  "Mort- 
gagees of  Personal  Property,"  with  the  pages 
thereof  divided  into  five  columns,  headed,  respect- 
ively: "Names  of  Mortgagees,"  "Names  of  Mort- 
gagors," "Date  of  Mortgages,"  "Where  Re- 
corded,"  "When  Discharged." 

5.  Two  indices  of  releases  of  mortgages,  la- 
beled respectively:  "Releases  of  Mortgages  of 
Real  Property— Mortgagors,"  "Releases  of  Mort- 
gages of  Personal  Property— Mortgagors."  with 
pages  thereof  divided  into  six  columns,  headed, 
respectively:  "Parties  Releasing,"  "To  Whom 
Releases  are  Given,"  "Date  of  Releases,"  "Where 
Releases  are  Recorded,"  "Date  of  Mortgages  Re- 
leased," "Where  Mortgages  Released  are  Re- 
corded." 

6.  Two  indices  of  releases  of  mortgages,  la- 
beled, respectively:  "Releases  of  Mortgages  of 
Real  Property— Mortgagees,"  "Releases  of  Mort- 
gages of  Personal  Property — Mortgagees."  with 
pages  thereof  divided  into  four  columns,  headed, 
respectively:  "Parties  Whose  Mortgages  are  Re- 
leased," "Parties  Releasing,"  "Date  of  Releases," 
"Where  Recorded." 


County  GoTernment.  125 

7.  An  index  of  powers  of  attorney,  labeled: 
"Powers  of  Attorney,"  each  page  divided  into  five 
columns,  headed,  respectively:  "Names  of  Par- 
ties Executing  the  Powers,"  "To  Whom  Powers 
are  Executed,"  "Date  of  Powers,"  "Date  of  Re- 
cording,"  "Where  Powers  are  Recorded." 

8.  An  index  of  leases,  labeled:  "Leases- 
Lessors,"  each  page  divided  into  four  columns, 
headed,  respectively:  "Names  of  Lessors," 
"Names  of  Lessees,"  "Date  of  Leases,"  "When 
and  Where  Recorded." 

9.  An  index  of  leases,  labeled:  "Leases- 
Lessees,"  each  page  divided  into  four  columns, 
headed,  respectively:  "Names  of  Lessees," 
"Names  of  Lessors,"  "Date  of  Leases,"  "When 
and  Where  Recorded." 

10.  An  index  of  marriage  certificates,  labeled: 
"Marriage  Certificates — Men,"  each  page  divided 
into  six  columns,  headed,  respectively:  "Men 
Married."  "To  Whom  Married,"  "When  Mar- 
ried," "By  Whom  Married,"  "Where  Married," 
"Where  Certificates  are  Recorded." 

11.  An  index  of  marriage  certificates,  labeled: 
"Marriage  Certificates—Women,"  each  page  di- 
vided into  six  columns,  headed,  respectively: 
"Women  Married"  (and  under  this  head  placing 
the  family  names  of  the  women),  "To  Whom 
Married,"  "When  Married,"  "By  Whom  Mar- 
ried," "Where  Married,"  "Where  Certificates  are 
Recorded." 

12.  An  index  of  assignments  of  mortgages  and 
leases,  labeled:  "Assignments  of  Mortgages  and 
Leases — Assignors,"  each  page  divided  into  five 
columns,  headed,  respectively:  "Assignors," 
"Assignees,"  "Instruments  Assigned,"  "Date  of 
Assignment,"  "When  and  Where  Recorded." 

13.  An  index  of  assignments  of  mortgages  and 
leases,  labeled:  "Assignments  of  Mortgages  and 
Leases— Assignees,"  each  page  divided  "into  five 
columns,  headed,  respectively:  "Assignees,"  "As- 
signors," "Instruments  Assigned,"  "Date  of  As- 
signment,"  "When  and  Where  Recorded." 

14.  An  index  of  wills,  labeled:  "Wills,"  each 
page  divided  into  four  columns,  headed,  respect- 
ively: "Names  of  Testators,"  "Date  of  Wills," 
"Date  of  Probate,"  "When  and  Where  Recorded." 

15.  An  index  of  official  bonds,   labeled:     "Offi- 


126  County  Government. 

cial  Bonds,"  each  page  divided  into  five  columns, 
headed  respectively:  "Names  of  Officers," 
"Names  of  Offices,"  "Date  of  Bonds,"  "Amount 
of  Bonds,"  "When  and  Where  Recorded." 

16.  An  index  of  notices  of  mechanics'  liens,  la- 
beled: "Mechanics'  Liens,"  each  page  divided 
into  three  columns,  headed,  respectively:  "Parties 
Against  Whom  Claimed,"  "Parties  Claiming 
Liens,"   "Notices— When  and  Where  Recorded." 

17.  An  index  to  transcripts  of  judgments,  la- 
beled: "Transcripts  of  Judgments,"  each  page  di- 
vided into  seven  columns,  headed,  respectively: 
"Judgment  Debtors,"  "Judgment  Creditors," 
"Amount  of  Judgments,"  "Where  Recovered," 
"When  Recovered,"  "When  Transcript  Piled," 
"When  Judgment  Satisfied." 

18.  An  index  of  attachments,  labeled:  "Attach- 
ments," each  page  divided  into  six  columns,  head- 
ed, respectively:  "Parties  Against  Whom  Attach- 
ments are  Issued,"  "Parties  Issuing  Attach- 
ments," "Notices  of  Attachments,"  "When  Re- 
corded," "Where  Recorded,"  "When  Attachments 
Discharged." 

19.  An  index  of  notices  of  the  pendency  of  ac- 
tions, labeled,  "Notices  of  Actions,"  each  page  di- 
vided into  three  columns,  headed,  respectively, 
"Parties  to  the  Action,"  "Notices— When  Record- 
ed," "Where  Recorded." 

20.  An  index  of  the  separate  property  of  mar- 
ried women,  labeled:  "Separate  Property,"  each 
page  divided  into  five  columns,  headed,  respec- 
tively: "Names  of  Married  Women,"  "Names  of 
Their  Husbands,"  "Nature  of  Instruments  Re- 
corded,"   "When   Recorded,"    "Where   Recorded." 

21.  An  index  to  the  register  of  births  and 
deaths. 

22.  Such  other  books  of  record  and  indices  as 
are  or  may  be  required  by  law. 

23.  An  index  of  decrees  of  distribution  in  pro- 
bate, labeled:  "Decrees  of  Distribution,"  divided 
into  six  columns,  headed,  respectively:  "Whose 
Estate,"  "Name  of  Administrator,"  "Names  of 
Distributees,"  "Date  of  Decree,"  "In  What  Court," 
"Where  Recorded." 

See.  122.  The  Recorder  must  keep  in  his  office 
a  book,  to  be  called  "Certificates  of  Sales,"  and  re- 
cord therein  all  certificates  of  sales  of  real  estate 


County  Government.  127 

sold  under  execution,  or  under  order  made  in  any- 
judicial  proceeding.  He  must  also  prepare  an  in- 
dex thereto,  in  which,  in  separate  columns,  he 
must  enter  the  names  of  the  plaintiff  in  the  execu- 
tion, the  defendant  in  the  execution,  the  purchaser 
at  the  sale,  and  the  date  of  the  sale. 

Sec.  123.  The  Recorder  must  file  and  record  with 
the  record  of  deeds,  grants,  and  transfers,  certi- 
fied copies  of  final  judgments  or  decrees  partition- 
ing or  affecting  the  title  or  possession  of  real 
property,  any  part  of  which  is  situate  in  the  coun- 
ty of  which  he  is  Recorder. 

Sec.  124.  Every  such  certified  copy  of  partition, 
from  the  time  of  filing  the  same  with  the  Record- 
er for  record,  imparts  notice  to  all  persons  of  the 
contents  thereof;  and  subsequent  purchasers, 
mortgagees,  and  lienholders  purchase  and  take 
with  lilve  notice  and  effect  as  if  such  copy  of  de- 
cree was  a  duly  recorded  deed,  grant  or  transfer. 

Sec.  125.  The  Recorder  may  keep  in  the  same 
volume  any  two  or  more  of  the  indices  mentioned 
in  section  one  hundred  and  twenty-one;  but  the 
several  indices  must  be  kept  distinct  from  each 
other,  and  the  volume  distinctly  marked  on  the 
outside  in  such  a  way  as  to  show  all  the  indices 
kept  therein.  The  names  of  the  parties  in  the  first 
column  in  the  several  indices  must  be  arranged  in 
alphabetical  order,  and  when  a  conveyance  is  exe- 
cuted by  a  Sheriff,  the  name  of  the  Sheriff  and  the 
party  charged  in  the  execution  must  both  be  in- 
serted in  the  index;  and  when  an  instrument  is 
recorded  to  which  an  executor,  administrator,  or 
trustee  is  a  party,  the  name  of  such  executor,  ad- 
ministrator, or  trustee,  together  with  the  name  of 
the  testator,  or  intestate,  or  party  for  whom  the 
trust  is  held,  must  be  inserted  in  the  index. 

Sec.  126.  When  any  instrument,  paper,  or  no- 
tice, authorized  by  law  to  be  recorded,  is  deposited 
in  the  Recorder's  office  for  record,  the  Recorder 
must  indorse  upon  the  same  the  time  when  it  was 
received,  noting  the  year,  month,  day,  hour,  and 
minute  of  its  reception,  the  amount  of  fees  for 
recording,  and  must  record  the  same  without  de- 
lay, together  with  the  acknowledgments,  proofs, 
and  certificates,  written  upon  or  annexed  to  the 
same,  with  the  plats,  surveys,  schedule,  and  other 
papers  thereto  annexed,  in  the  order  in  which  the 


128  County  Government. 

same  were  received  for  record,  and  must  note  at 
the  foot  of  the  record  the  exact  time  of  its  recep- 
tion, and  the  name  of  the  person  at  whose  request 
it  was  recorded. 

Sec.  127.  He  must  also  indorse  upon  each  in- 
strument, paper,  or  notice  the  time  when,  the 
book  and  pages  in  which  it  is  recorded,  and  must 
thereafter  deliver  it  to  the  party  leaving  the  same 
for  record,  or  upon  his  order. 

Sec.  128.  It  shall  be  the  duty  of  the  Recorder, 
upon  the  payment  or  tender  of  the  fees  therefor, 
to  talie  and  certify  the  acknowledgment  of  all  in- 
struments authorized  by  law  to  be  acknowledged. 

Sec.  129.  If  any  Recorder  to  whom  an  instru- 
ment, proved  or  acknowledged  according  to  law, 
or  any  paper  or  notice  which  may  by  law  be  re- 
corded, is  delivered  for  record: 

1.  Neglects  or  refuses  to  record  such  instrn 
ment,  paper,  or  notice  within  a  reasonable  timp 
after  receiving  the  same;    or, 

2.  Records  any  instrument,  paper,  or  notice, 
willfully  or  negligently,  untruly,  or  in  any  other 
manner  than  is  hereinbefore  directed;  or, 

3.  Neglects  or  refuses  to  keep  in  his  office  such 
indices  as  are  required  by  this  article,  or  to  make 
the  proper  entries  therein;  or, 

4.  Alters,  changes,  or  obliterates  any  records 
deposited  in  his  office,  or  inserts,  any  new  matter 
therein,  he  is  liable  to  the  party  aggrieved  for 
three  times  the  amount  of  the  damages  which 
may  be  occasioned  thereby. 

Sec.  130.  He  shall  not  record  any  instrument, 
or  file  any  paper  or  notice,  or  furnish  any  copy, 
or  render  any  service  connected  with  his  office, 
until  his  fees  for  the  same,  as  prescribed  by  law, 
are,  if  demanded,  paid  or  tendered. 

Sec.  131.  All  books  of  record,  maps,  charts,  sur- 
veys, and  other  papers  on  file  in  the  Recorder's 
office,  must,  during  office  hours,  be  open  for  in- 
spection by  any  person,  without  charge;  and  the 
Recorder  must  arrange  the  books  of  record  and 
indices  in  his  office  in  such  suitable  plnces  as  to 
facilitate  their  inspection. 


County  Governmeut.  129 


DISTRICT  ATTORNEY. 

Sec.  132.  The  District  AttorDey  is  the  public 
prosecutor,  and  must: 

1.  Attend  the  courts,  and  conduct,  on  behalf  of 
the  people,  all  prosecutions  for  public  offenses. 

2.  Institute  proceedings  before  the  magistrates 
for  the  arrest  of  persons  charged  with  or  reason- 
ably suspected  of  public  offenses,  when  he  has  in- 
formation that  any  such  offenses  have  been  com- 
mitted; and  for  that  purpose,  when  not  engaged 
in  criminal  proceedings  in  the  Superior  Court,  or 
in  civil  cases  on  behalf  of  the  people,  must  attend 
upon  the  magistrates  in  cases  of  arrest,  when  re- 
quired by  them,  and  attend  before  and  give  advice 
to  the  grand  jury,  whenever  cases  are  presented 
to  them  for  their  consideration. 

8.  Draw  all  indictments  and  informations,  de- 
fend all  suits  brought  in  his  county  against  the 
State  or  his  county  wherever  brought,  prosecute 
all  recognizances  forfeited  in  the  courts  of  record, 
and  all  actions  for  the  recovery  of  debts,  tines, 
penalties,  and  forfeitures  accruing  to  the  State  or 
his  county. 

4.  Deliver  receipts  for  money  or  property  re- 
ceived in  his  official  capacity,  and  file  duplicates 
thereof  with  the  County  Treasurer. 

5.  On  the  first  Monday  of  each  month  file  with 
the  Auditor  an  account,  verified  by  his  oath,  of  all 
moneys  received  by  him  in  his  official  capacity 
during  the  preceding  month,  and  at  the  same  time 
pay  them  over  to  the  County  Treasurer. 

6.  Give,  when  required,  and  without  fee,  his 
opinion  in  writing,  to  county,  district,  and  town- 
ship officers,  on  matters  relating  to  the  duties  of 
their  respective  offices. 

Sec.  138.  The  District  Attorney  is  the  legal  ad- 
viser of  the  Board  of  Supervisors.  He  must  at- 
tend their  meetings,  when  required,  and  must  at- 
tend and  oppose  all  claims  and  accounts  against 
the  county,  when  he  deems  them  unjust  and  ille- 
gal. 

Sec.  134.  The  District  Attorney,  except  for  his 
own  services,  must  not  present  any  claim,  ac- 
count or  demand  for  allowance  against  the  coun- 
ty, nor  in  any  way  advocate  the  relief  asked  on 
any  claim  or  demand  made  by  another. 


130  County  Government. 


COUNTY  SURVEYOR. 


Sec.  135.  The  County  Surveyor  must  be  a  li- 
censed land  surveyor  of  the  State,  and  must  make 
any  survey  that  may  be  required  by  order  of 
court  or  of  the  Board  of  Supervisors,  or  upon  ap- 
plication of  any  person;  keep  a  correct  and  fair 
record  of  all  surveys  made  by  him,  number  them 
in  the  order  made,  and  preserve  a  copy  of  the 
field  notes  and  calculations  of  each  survey,  and 
indorse  thereon  its  proper  number;  a  copy  of  the 
same,  and  a  fair  and  accurate  plat,  together  with 
a  certificate  of  survey,  must  upon  application,  be 
furnished  by  him  to  any  person,  upon  payment  of 
the  fees  allowed  by  law. 

Sec.  136.  Any  person  owning  or  claiming  lands 
which  are  divided  by  county  lines,  and  wishing  to 
have  the  same  surveyed,  may  apply  to  the  Sur- 
veyor of  any  county  in  which  any  part  of  such 
land  is  situated,  and  on  such  application  being 
made,  the  Surveyor  must  make  the  survey,  which 
is  as  valid  as  though  the  lands  were  situated  en- 
tirely within  the  county. 

Sec.  137.  When  land,  the  title  to  which  is  in  dis- 
pute before- any  court,  is  divided  by  a  county  line, 
the  court  making  an  order  of  survey  may  direct 
the  order  to  the  Surveyor  of  any  county  in  which 
any  part  of  the  land  is  situated.  In  all  surveys 
the  courses  must  be  expressed  according  to  the 
true  meridian,  and  the  variation  of  the  magnetic 
meridian  from  the  true  ineridian  must  be  ex- 
pressed on  the  plat,  with  the  date  of  the  survey. 

Sec.  138.  Each  County  Surveyor  must,  when  re- 
quired, aid  and  assist  the  Surveyor-General  in 
making  surveys  within  the  county.  When  the 
County  Surveyor  is  interested  in  any  land,  the 
title  to  which  is  in  dispute,  and  a  survey  thereof 
is  necessary,  the  court  must  direct  the  survey  to 
be  made  by  some  disinterested  person,  and  the 
person  so  appointed  is  for  that  purpose  authorized 
to  administer  and  certify  oaths.  He  must  return 
such  survey,  verified  by  his  affidavit  annexed 
thereto,  and  receive  for  his  services  the  same  fees 
as  the  County  Surveyor  would  be  entitled  to  for 
similar  service. 


County  Government.  131 

See.  139.  The  County  Surveyor  shall  copy,  plat, 
or  trace  all  maps  tiled  for  record  in  the  office  of 
the  County  Recorder  of  the  county  for  which  he 
shall  be  elected,  and  shall  be  ex  officio  Deputy 
County  Recorder  for  said  county  for  such  pur- 
poses at  the  cost  of  the  party  filing  the  same  for 
record;  provided,  however,  that  all  maps  and  plats 
filed  by  a  licensed  land  surveyor,  and  such  other 
maps  and  plats  as  are  filed  and  are  thereby  made 
a  record,  are  exempt  from  the  provisions  of  this 
Act.  The  County  Surveyor  shall  plat,  trace,  blue- 
print, or  otherwise  make  all  county,  township, 
road,  district,  and  all  other  maps,  and  all  Asses- 
sors' blocli  books,  for  the  county  of  which  he  is 
Surveyor.  All  such  maps  which  are  platted,  trac- 
ed, blue-printed,  or  otherwise  made  as  aforesaid, 
shall  be  tiled  in  the  County  Surveyor's  office,  to- 
gether with  all  data  obtained  by  the  County  Sur- 
veyor from  other  sources,  and  the  same  thereafter 
shall  become  the  property  of  the  county. 

Sec.  140,  The  County  Surveyor  shall  make  such 
surveys  of  county  roads,  and  perform  such  other 
engineering  work  as  the  Board  of  Supervisors 
may  direct.  All  such  maps  and  field  notes  of  sur- 
veys shall  be  filed  in  the  office  of  the  County  Sur- 
veyor, and  the  same  shall  thereafter  be  and  re- 
main the  property  of  the  county.  It  shall  be  the 
duty  of  the  County  Surveyor  to  advise  the  Board 
of  Supervisors  regarding  all  engineering  work,  and 
to  perform  such  engineering  work  for  the  county 
as  may  be  required  by  the  Board  of  Supervisors. 

See.  141.  The  Board  of  Supervisors  of  each 
county  shall  provide,  for  the  use  of  the  County 
Surveyor,  a  suitable  office,  office  furniture,  heat, 
light,  and  care  for  the  same,  office  and  record 
books,  and  other  necessary  material,  also  all  nec- 
essary expenses  and  transportation  on  work  per- 
formed in  the  field.  In  lieu  of  fees,  as  now  pro- 
vided by  law,  the  County  Surveyor  shall  receive 
such  compensation  as  the  Board  of  Supervisors 
may  allow,  not  to  exceed  ten  dollars  per  day  for 
all  work  performed  for  the  county,  and  in  addi- 
tion thereto,  all  necessary  expenses  and  transpor- 
tation on  work  performed  in  the  field. 


132  Countj'  Government. 


COUNTY   CORONEK. 

Sec.  142.  The  Coroner  must  hold  inquests  as 
prescribed  by  chapter  two,  title  twelve,  part  two, 
of  the  Penal  Code.  The  Coroner,  or  other  officer 
holding  the  inquest  upon  the  body  of  a  deceased 
person,  may  subpoena  a  chemist  to  make  an  an- 
alysis of  the  contents  of  the  stomach  or  of  the  tis- 
sues of  the  body,  or  a  physician  or  surgeon  to  in- 
spect the  body,  or  hold  a  post  mortem  examina- 
tion of  the  deceased,  and  give  a  professional  opin- 
ion as  to  the  cause  of  death,  and  shall  cause  the 
testimony  given  by  the  witness  to  be  reduced  to 
writing,  under  his  direction,  and  may,  upon  the 
written  order  of  the  District  Attorney,  employ  a 
clerk  or  stenographer  for  such  purpose,  at  the 
same  compensation  allowed  to  stenographers  in 
the  Superior  Court  of  the  county;  and  when  such 
testimony  is  taken  down  by  a  stenographer,  his 
transcription  thereof,  duly  certified  to,  shall  con- 
stitute the  deposition  of  such  witness. 

Sec.  143.  When  an  inquest  is  held  by  the  Coro- 
ner, and  no  other  person  takes  charge  of  the  body 
of  deceased,  he  must  cause  it  to  be  decently  in- 
terred; and  if  there  is  not  sufficient  property  be- 
longing to  the  estate  of  the  deceased  to  pay  the 
necessary  expenses  of  the  burial,  the  expenses  are 
a  legal  charge  against  the  county. 

See.  144.  It  shall  be  the  duty  of  the  Coroner 
of  each  county  to  keep  an  official  register,  to  be 
labeled  "Coroner's  Register,"  in  which  he  shall 
enter  the  date  of  holding  all  inquests,  the  name  of 
the  deceased,  when  known,  and  when  not,  such 
description  of  the  deceased  as  may  be  sufficient  for 
identification;  property  found  on  the  person  of  de- 
ceased, if  any;  what  disposition  was  made  of  the 
same  by  the  Coroner;  the  cause  of  death,  when 
known,  and  sucli  other  information  as  may  per- 
tain to  the  identity  of  the  deceased. 

Sec.  145.  The  Coroner  must,  within  thirty  days 
after  an  inquest  upon  a  dead  body,  deliver  to  the 
County  Treasurer,  or  the  legal  representatives  of 
the  deceased,  any  money  or  other  property  found 
upon  the  body,  and  at  tlie  same  time  file  an  affi- 
davit with  tlie  Treasurer,  showing: 

1.    The  amount  of  money  or  other  property  be 


County  Government.  133 

longing  to  the  estate  of  the  deceased  person  which 
has  come  into  his  possession  since  his  last  state- 
ment. 

2.  The  disposition  made  of  such  property. 

3.  If  the  Coroner,  or  any  Justice  of  the  Peace 
acting  as  Coroner,  fail  to  deliver  to  the  Treasurer, 
within  thirty  days  after  an  inquest  upon  a  dead 
body,  all  money  and  property  found  upon  such 
body,  unless  claimed  in  the  meantime  by  the  Pub- 
lic Administrator,  or  other  legal  representative 
of  the  decedent,  as  required  by  this  section,  the 
District  Attorney  must  proceed  against  the  Coro- 
ner or  Justice  of  the  Peace  acting  as  Coro- 
ner, to  recover  the  same,  by  civil  action,  in  the 
name  of  the  county. 

Sec.  146.  If  the  office  of  Coroner  is  vacant,  or 
he  is  absent,  or  unable  to  attend,  the  duties  of  his 
office  may  be  discharged  by  any  Justice  of  the 
Peace  of  the  county,  with  the  like  authority,  and 
subject  to  the  same  obligations  and  penalties  as 
the  Coroner. 

Sec.  147.  In  the  cases  specified  in  section  one 
hundred  and  four,  the  Coroner  must  discharge  the 
duties  of  Sheriff. 

Sec.  148.  The  Assessor  must  perform  such  du- 
ties as  are  prescribed  in  title  nine,  part  three,  of 
the  Political  Code,  and  such  other  duties  as  are  re- 
quired by  law;  provided,  that  where  any  salary 
is  allowed  to  the  Assessor,"^  by  law,  then  where  such 
officer  is  charged,  or  to  be  charged,  with  the  mak- 
ing of  maps  or  block  books,  he  shall  be  allowed  the 
actual  cost  of  making  the  same,  and  must  file  with 
the  County  Auditor  a  sworn  statement,  monthly, 
showing  in  detail  the  names  of  persons,  and 
amounts  paid  to  each  for  such  expense,  and  the 
Assessor  must  thereupon  pay  over  and  account  to 
the  county,  or  city  and  county,  for  the  difference 
between  any  amount  alloAved  for  such  purpose, 
and  the  amount  actually  expended  by  him  there- 
for. 

Sec.  149.  The  Tax  Collector  must  perform  such 
duties  as  are  prescribed  in  title  nine,  part  three, 
of  the  Political  Code,  and  as  License  Collector 
shall  collect  all  county  licenses,  and  shall  perform 
such  other  duties  as  are  required  by  law.  He 
shall,  at  least  once  a  month  and  oftener,  in  his 
discretion,  pay  the  public  money  in  his  hands  into 
Gen.  Laws— 12. 


134  County  Government. 

the  county    treasury,    taking    tlie    receipt    of  the 
Treasurer   therefor. 

Sec.  150.  The  School  Superintendent  must  per- 
form such  duties  as  are  prescribed  in  title  three, 
part  three,  of  the  Political  Code,  and  shall  per- 
form such  other  duties  as  are  required  by  law. 

Sec.  151.  The  Public  Administrator  must  per- 
form such  duties  as  are  prescribed  in  chapter  thir- 
teen, title  eleven,  part  three,  of  the  Code  of  Civil 
Procedure,  and  shall  perform  such  other  duties  as 
are  required  by  law. 

Sec.  152.  It  shall  be  the  duty  of  the  Public  Ad- 
ministrator to  keep  a  book,  to  be  labeled  "Regis- 
ter of  Public  Administrator,"  in  which  he  shall 
enter  the  name  of  every  deceased  person  on 
whose  estate  he  shall  administer,  the  date 
of  granting  letters,  money  received,  the 
property  appraised  and  its  value,  proceeds 
of  all  sales  of  property,  the  amount  of  his 
fees,  the  expenses  of  administration,  the  amount 
of  estate  after  all  charges  and  expenses  have  been 
paid,  the  disposition  of  property  on  distribution, 
the  date  of  discharge  of  administrator,  and  such 
other  matters  as  may  be  necessary  to  give  a  full 
and  complete  history  of  each  estate  administered 
by  him.  The  publication  of  the  semi-annual  re- 
port required  to  be  made  by  the  Public  Admin- 
istrator shall  be  a  county  charge. 

Sec.  153.  Constables  must  attend  the  courts  of 
Justices  of  the  Peace  within  their  townships 
whenever  so  required,  and  within  their  counties 
execute,  serve,  and  return  all  processes  and  no- 
tices directed  or  delivered  to  them  by  Justices  of 
the  Peace  of  such  county,  or  by  any  competent  au- 
thority, and  shall  charge  and  collect  for  their  ser- 
vices such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Sec.  154.  All  provisions  of  sections  eighty-eight, 
eighty-nine,  ninety,  ninety-one,  ninety-two,  ninety- 
three,  ninety-four,  ninety-five,  ninety-six,  ninety- 
seven,  ninety-eight,  ninety-nine,  one  hundred,  one 
hun  dred  and  one,  one  hundred  and  two,  and  one 
hundred  and  three,  except,  the  fourth  and  sixth 
subdivisions  of  section  eighty-nine,  apply  to  Con- 
stables, and  govern  their  powers,  duties,  and  lia- 
bilities. 

Sec.  155.  Justices  of  the  Peace  must  perform 
such  duties  as  are  prescribed  in  title  eleven,  part 


County  Government.  135 

two,  of  the  Code  of  Civil  Procedure,  and  such 
other  duties  as  are  prescribed  by  law. 

Sec.  156.  The  salaries  of  officers  must  be  paid 
monthly  from  the  county  salary  fund  of  the  treas- 
ury, on  the  warrant  of  the  Auditor. 

Sec.  157.  For  the  purpose  of  regulating  the  com- 
pensation of  all  officers  herein  provided  for,  the 
several  counties  of  this  State  are  hereby  classi- 
fied, according  to  their  population  (as  ascertained 
and  determined  in  section  ten),  as  follows,  to-wit: 

All  counties  containing  a  population  of  two  hun- 
dred thousand  and  over  shall  belong  to  and  be 
known  as  counties  of  the  first  class. 

Counties  containing  a  population  of  one  hundred 
and  twenty  thousand  and  under  two  hundred 
thousand  shall  belong  to  and  be  linown  as  coun- 
ties of  the  second  class. 

Counties  containing  a  population  of  one  hundred 
thousand  and  under  one  hundred  and  twenty 
thousand  shall  belong  to  and  be  known  as  counties 
of  the  third  class. 

Counties  containing  a  population  of  fifty  thou- 
sand and  under  one  hundred  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  fourth 
class. 

Counties  containing  a  population  of  forty-five 
thousand  and  under  fifty  thousand  shall  belong  to 
and  be  known  as  counties  of  the  fifth  class. 

Counties  containing  a  population  of  thirty-seven 
thousand  and  under  forty-five  thousand  shall  be- 
long  to  and  be  known  as  counties  of  the  sixth 
class. 

Counties  having  a  population  of  thirty-six  thou- 
sand and  under  thirty-seven  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  seventh 
class. 

Counties  having  a  population  of  thirty-five  thou- 
sand five  hundred  and  under  thirty-six  thousand 
shall  belong  to  and  be  known  as  counties  of  the 
eighth  class. 

Counties  having  a  population  of  thirty-five  thou- 
sand and  under  thirty-five  thousand  five  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
ninth  class. 

Counties  having  a  population  of  twenty-seven 
thousand  four  hundred  and  under  thirty-five 
thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  tenth  class. 


136  County  Government. 

Counties  having  a  population  of  twenty-seven 
tliousand  and  under  twenty-seven  thousand  four 
hundred  shall  belong  to  and  be  known  as  counties 
of  the  eleventh  class. 

Counties  having  a  population  of  twenty-six 
thousand  and  under  twenty-seven  thousand  shall 
belong  to  and  be  known  as  counties  of  the  tweltin 
class. 

Counties  having  a  population  of  twenty-four 
thousand  and  under  twenty-six  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  thirteenth 
class. 

Counties    having    a    population    of    twenty-two 
thousand    five    hundred    and    under    twenty-four 
thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  fourteenth  class. 

Counties  having  a  population  of  twenty-two 
thousand  and  under  twenty-two  thousand  five 
hundred  shall  belong  to  and  be  known  as  counties 
of  the  fifteenth  class. 

Counties  having  a  population  of  twenty-one 
thousand  five  hundred  and  under  twenty-two 
thusand  shall  belong  to  and  be  know^n  as  counties 
of  the  sixteenth  class. 

Counties  having  a  population  of  twenty-one 
thousand  and  under  twenty-one  thousand  five  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  seventeenth  class. 

Counties  having  a  population  of  twenty  thousand 
five  hundred  and  under  twenty-one  thousand  shall 
belong  to  and  be  known  as  counties  of  the  eigh- 
teenth class. 

Counties  having  a  population  of  twenty  thousand 
and  under  twenty  thousand  five  hundred  shall  be- 
long to  and  be  known  as  counties  of  the  nineteenth 
class. 

Counties  having  a  population  of  eighteen  thou- 
sand five  hundred  and  under  twenty  thousand 
shall  belong  to  and  be  known  as  counties  of  the 
twentieth  class. 

Counties  having  a  population  of  eighteen  thou- 
sand three  hundred  and  fifty  and  under  eighteen 
thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  twenty-first  class. 

Counties  having  a  population  of  eighteen  thou- 
sand three  hundred  and  under  eighteen  thousand 
three   hundred   and  fifty   shall  belong  to  and   be 

known  as  counties  of  the  twenty-second  class. 


County  Government  137 

Counties  having  a  population  of  eighteen  thou- 
sand and  under  eighteen  thousand  three  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
twenty-third    class. 

Counties  having  a  population  of  seventeen  thou- 
sand three  hundred  and  fifty  and  under  eighteen 
thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  twenty-fourth  class. 

Counties  having  a  population  of  seventeen 
thousand  three  hundred  and  under  seventeen 
thousand  three  hundred  and  fifty  shall  belong  to 
and  be  known  as  counties  of  the  twenty-fifth 
class. 

Counties  having  a  population  of  seventeen  thou- 
sand one  hundred  and  under  seventeen  thousand 
three  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twenty-sixth  class. 

Counties  having  a  population  of  sixteen  thou- 
sand five  hundred  and  under  seventeen  thousand 
one  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twenty-seventh  class. 

Counties  having  a  population  of  sixteen  thousand 
one  hundred  and  fifty  and  under  sixteen  thousand 
five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twenty-eighth  class. 

Counties  having  a  population  of  sixteen  thousand 
and  under  sixteen  thousand  one  hundred  and  fifty 
shall  belong  to  and  be  known  as  counties  of  the 
twenty-ninth  class. 

Counties  having  a  population  of  fourteen  thou- 
sand four  hundred  and  under  sixteen  thousand 
shall  belong  to  and  be  known  as  counties  of  the 
thirtieth  class. 

Counties  having  a  population  of  fourteen  thou- 
sand and  under  fourteen  thousand  four  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
thirty-first  class. 

Counties  having  a  population  of  thirteen  thou- 
sand one  hundred  and  under  fourteen  thousand 
shall  belong  to  and  be  known  as  counties  of  the 
thirty-second  class. 

Counties  having  a  population  of  thirteen  thou- 
sand and  under  thirteen  thousand  one  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
thirty-third  class. 

Counties  having  a  population  of  twelve  thousand 
five  hundred   and   under  thirteen   thousand   shall 


138  County  Government. 

belong  to  and  be  known  as  counties  of  the  tliirty- 
fourtli  class. 

Counties  having  a  population  of  twelve  thousand 
and  under  twelve  thousand  five  hundred  shall  be- 
long to  and  be  known  as  counties  of  the  thirty- 
fifth  class. 

Counties  having  a  population  of  eleven  thousand 
six  hundred  and  fifty  and  under  twelve  thousand 
shall  belong  to  and  be  known  as  counties  of  the 
thirty-sixth  class. 

Counties  having  a  population  of  eleven  thousand 
six  hundred  and  under  eleven  thousand  six  hun- 
dred and  fifty  shall  belong  to  and  be  known  as 
counties  of  the  thirty-seventh  class. 

Counties  having  a  population  of  eleven  thousand 
and  under  eleven  thousand  six  hundred  shall  be- 
long to  and  be  Icnown  as  counties  of  the  thirty- 
eighth  class. 

Counties  having  a  population  of  ten  thousand 
five  hundred  and  under  eleven  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  thirty- 
ninth  class. 

Counties  having  a  population  of  ten  thousand 
two  hundred  and  under  ten  thousand  five  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
fortieth  class. 

Counties  having  a  population  of  nine  thousand 
eight  hundred  and  under  ten  thousand  two  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  forty-first  class. 

Counties  having  a  population  of  nine  thousand 
and  under  nine  thousand  eight  hundred  shall  be- 
long to  and  be  known  as  counties  of  the  forty- 
second  class. 

Counties  having  a  population  of  eight  thousand 
eight  hundred  and  under  nine  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  forty- 
third  class. 

Counties  having  a  population  of  eight  tlionsand 
five  hundred  audi  under  eight  thousand  eifrht  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  forty-fourth  class. 

Counties  having  a  population  of  seven  thousand 
nine  hundred  and  under  eight  thousand  five  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  forty-fifth  class. 

Counties  having  a  population  of  seven  thousand 


County  Government.  139 

five  hundred  and  under  seven  thousand  nine  hun- 
dred shall  belong:  to  and  be  known  as  counties  of 
the  forty-sixth  class. 

Counties  havinj?  a  population  of  seven  thousand 
four  hundred  and  under  seven  thousand  five  hun- 
dred shall  belong-  to  and  be  known  as  counties 
of  the  forty-seventh  class. 

Counties  having-  a  population  of  six  thousand 
five  hundred  and  under  seven  thousand  four  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  forty-eighth  class. 

Counties  having-  a  population  of  five  thousand 
nine  hundred  and  under  six  thousand  five  hundred 
shall  belong  to  and  be  known  as  counties  of  the 
forty-ninth  class. 

Counties  having  a  population  of  five  thousand 
seven  hundred  and  under  five  thousand  nine  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  fiftieth  class. 

Counties  having  a  population  of  five  thousand 
five  hundred  and  under  five  thousand  seven  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  fifty-first  class. 

Counties  having  a  population  of  five  thousand 
three  hundred  and  under  five  thousand  five  hun- 
dred shall  belong  to  and  be  known  as  counties 
of  the  fifty-second  class. 

Counties  having  a  population  of  four  thousand 
nine  hundred  and  under  five  thousand  three  hun- 
dred shall  belong  to  and  be  known  as  counties  of 
the  fifty-third  class. 

Counties  having  a  population  of  four  thousand 
and  under  four  thousand  nine  hundred  shall  belong 
to  and  be  known  as  counties  of  the  fifty-fourth 
class. 

Counties  having  a  population  of  three  thousand 
and  under  four  thousand  shall  belong  to  and  be 
known  as  counties  of  the  fifty-fifth  class. 

Counties  having  a  population  of  two  thousand 
and  under  three  thousand  shall  belong  to  and  be 
known  as  counties  of  the  fifty-sixth  class. 

Counties  having  a  population  of  under  two  thou- 
sand shall  belong  to  and  be  known  as  counties  of 
the  fifty-seventh  class. 

Sec.  158.  In  counties  of  the  first  class  the  oflBcers 
shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law,  or  by  virtue  of  their  office, 


140  County  Government. 

the  salaries  and  fees  fixed  by  law  as  compensa- 
tion; provided,  that  this  shall  not  be  construed  as 
adding  any  additional  compensation  to  any  otiicer; 
provided,  however,  that  the  Sheriff  shall  also  be 
allowed  mileage  for  the  service  of  any  paper  re- 
quired by  law  to  be  served,  at  the  rate  of  fifteen 
cents  per  mile  for  one  way  only,  to  be  paid  by  the 
person  requiring  such  service. 

Sec.  159.  In  counties  of  the  second  class  the 
county  and  township  otficers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by 
law,  the  following  salaries,  to  wit: 

1.  The  County  Clerk,  three  thousand  six  hun- 
dred dollars  per  annum;  provided,  that  in  counties 
of  this  class  there  shall  be  and  there  hereby  is 
allowed  to  the  County  Clerk  the  following  depu- 
ties, who  shall  be  appointed  by  the  County  Clerk, 
and  shall  be  paid  salaries  as  follows:  One  chief 
deputy  at  a  salary  of  one  hundred  and  thirty-five 
dollars  per  month;  two  registrj^  clerks  at  a  salary 
of  one  hundred  and  twenty-five  dollars  each  per 
month;  one  clerk  of  the  Board  of  Supervisors  at 
a  salary  of  one  hundred  and  twenty-five  dollars 
per  month,  and  six  court-room  clerks  at  a  salary 
of  one  hundred  and  fifteen  dollars  each  per  month; 
one  recording  clerk,  one  file  clerk,  one  index  clerk, 
one  clerk  in^charge  of  criminal  records,  at  eighty 
dollars  per  month;  one  miscellaneous  clerk  and 
one  assistant  clerk  of  the  Board  of  Supervisors  at 
a  salary  of  ninety  dollars  each  per  month;  one 
clerk  at  a  salary  of  seventy-five  dollars  per  month; 
one  clerk  at  a  salary  of  forty-five  dollars  per 
month;  one  deputy  at  a  salary  of  twenty-five  dol- 
lars per  month;  six  clerks  at  a  salary  of  seventy 
dollars  each  per  month,  for  not  exceeding  one 
month  for  any  one  jear.  The  salaries  of  the  dep- 
uties and  clerks  herein  provided  for  sliall  be  paid 
by  said  county  in  monthly  installments,  at  the 
same  time,  and  in  the  same  manner,  and  out  of 
the  same  fund  as  the  salary  of  the  County  Clerk 
is  paid. 

2.  The  Sheriff,  four  thousand  dollars  per  an- 
num; provided  that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  Sheriff 
an  Under  Sheriff  and  the  following  deputies  and 
stenographers,  who  shall  be  appointed  by  the 
Sheriif  of  said  county,  and  shall  be  paid  salaries 


County  Government.  141 

as  follows:  One  Under  Sheriff  at  a  salary  of  one 
hundred  and  thirty-five  dollars  per  month;  one 
bookkeeper  at  a  salary  of  one  hundred  and  twen- 
ty-five dollars  per  month;  eight  deputies  at  a  sal- 
ary of  ninety  dollars  each  per  month;  six  court 
deputies  at  a  salary  of  ninety  dollars  each  per 
mouth;  four  jail  deputies  at  a  salary  of  seventy 
dollars  each  per  month;  one  jail  matron  at  a  sal- 
ary of  fifty  dollars  per  month;  one  stenographer 
ata  salary  of  sixty  dollars  per  month.  The  salaries 
of  the  Under  Sheriff  and  all  deputies  and  sten- 
ographers herein  provided  for  shall  be  paid  by 
said  county  in  monthly  installments,  at  the  same 
time,  and  in  the  same  manner,  and  out  of  the 
same  fund  that  the  salary  of  the  Sheriff  is  paid. 
The  Sheriff  shall  also  receive  the  amount  of  money 
necessarily  expended  by  him  in  serving  all  pro- 
cesses and  notices,  and  the  same  shall  be  a  charge 
against  the  county,  and  allowed  as  such  by  the 
Board  of  Supervisors,  and  paid  as  other  county 
charges  are  paid.  In  case  of  sale  of  property  on 
foreclosure  of  mortgage  or  on  execution  the  Sher- 
iff shall  be  entitled  to  receive  all  necessasy  ex- 
penses of  keeping  the  property  and  of  advertis- 
ing the  sale,  and  a  commission  of  one  per  cent 
upon  the  proceeds  of  the  sale,  which  commission 
shall  in  no  case  exceed  the  sum  of  twenty-five  dol- 
lars. Said  commission  shall  be  paid  into  the  coun- 
ty treasury  and  shall  be  the  property  of  the 
county. 

3.  The  Recorder,  three  thousand  six  hundred 
dollars  per  annum;  provided,  that  in  counties  of 
this  class  there  shall  be  and  there  hereby  is  al- 
lowed to  the  Recorder  the  following  deputies  and 
copyists,  who  shall  be  appointed  by  the  Recorder 
of  said  county,  and  shall  be  paid  salaries  as  fol- 
lows: One  chief  deputy  at  a  salary  of  one  hun- 
dred and  twenty-five  dollars  per  month;  two  dep- 
uties at  a  salary  of  ninety  dollars  each  per  month; 
two  deputies  at  a  salary  of  eighty-five  dollars 
each  per  month;  four  deputies  at  a  salary  of  eigh- 
ty dollars  each  per  month;  two  deputies  at  a  sal- 
ary of  seventy-five  dollars  each  per  month,  not 
to  exceed  four  months  in  any  one  year;  and  as 
many  copyists  as  may  be  required,  who  shall  re- 
ceive as  compensation  for  their  services  the  sum 
of  five  and  one  half  cents  per  folio  for  recording 
any  instrument  or  notice,  except  maps  or  plats; 


142  County  Government. 

for  copies  of  any  record  or  paper,  five  cents  per 
folio.  The  salaries  and  compensation  of  all  dep- 
uties and  copyists,  herein  provided  for,  shall  be 
paid  by  said  county  in  monthly  installments,  at 
the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  County  Re- 
corder is  paid. 

4.  The  Auditor,  three  thousand  six  hundred 
dollars  per  annum;  provided,  that  in  counties  of 
this  class  there  shall  be  and  there  is  hereby  al- 
lowed to  the  Auditor  the  following  deputies  and 
clerks,  who  shall  be  appointed  by  the  Auditor, 
and  shall  be  paid  salaries  as  follows:  One  chief 
deputy  at  a  salary  of  one  hundred  and  fifty  dol- 
lars per  mouth;  one  deputy  at  a  salary  of  one 
hundred  and  ten  dollars  per  month;  one  deputy 
at  a  salary  of  ninety  dollars  per  month;  two  dep- 
uties at  a  salary  of  eighty  dollars  per  month 
eacli;  and  forty  clerlvs  at  a  salary  of  sev- 
enty-five dollars  each  per  month,  not  to  exceed 
one  month  each  in  any  one  year,  and  such  addi- 
tional assistance  as  the  Auditor  may  require,  and 
whose  compensation  in  the  aggregate  shall  not 
exceed  the  sum  of  seven  hundred  and  fifty  dollars 
in  any  one  year.  The  salaries  of  the  chief  deputy, 
deputies,  and  clerks  herein  provided  for  shall  be 
paid  by  the  county  in  monthly  installments,  at 
the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  Auditor. 

5.  The  Treasurer,  three  thousand  six  hundred 
dollars  per  annum;  provided,  that  in  counties  of 
this  class,  there  shall  be  and  hereby  is  allowed  to 
the  Treasurer  one  chief  deputy,  who  shall  be  ap- 
pointed by  the  Treasurer,  and  shall  bo  paid  a  sal- 
ary of  one  hundred  and  twenty-five  dollars  per 
month,  also  one  deputy  at  a  salary  of  ninety  dol- 
lars per  month.  The  salaries  of  the  deputies  here- 
in provided  for  shall  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the 
same  manner,  and  out  of  the  same  fund  as  the 
salary  of  the  Treasurer. 

6.  The  Tax  Collector,  three  thousand  six  hun- 
dred dollars  per  annum,  which  shall  be  full  com- 
pensation for  all  services  rendered  by  him;  pro- 
vided, that  in  counties  of  tliis  class  there  shall  be 
and  there  hereby  is  allowed  to  the  Tax  Collector 
the  following  deputies  and  clerks,  who  shall  be 
appointed  by  tlie  Tax  Collector,  and  shall  be  paid 


County  Government.  143 

salaries  as  follows:  One  chief  deputy  at  a  salary 
of  one  hundred  and  twenty-five  dollars  per  month; 
one  cashier,  two  report  clerks,  and  one  general 
clerk,  at  a  salary  of  one  hundred  dollars  each  per 
month,  one  corresponding  clerk  at  a  salary  of 
ninety  dollars  per  month,  one  license  clerk  at  a 
salary  of  ninety  dollars  per  month,  and  two  li- 
cense inspectors  at  a  salary  of  seventy-five  dol- 
lars per  month  each;  three  clerks  at  a  salary  of 
seventy-five  dollars  each  per  month;  one  clerk  at 
a  salary  of  ninety  dollars  per  month,  not  to  ex- 
ceed four  months  in  any  one  year;  thirty-four 
clerks  at  a  salary  of  seventy-five  dollars)  each  per 
month,  not  to  exceed  four  months  each  in  any 
one  year.  There  is  also  allowed  not  to  exceed 
four  hundred  dollars  for  traveling  expenses  for  the 
License  Tax  Collector  each  year.  The  salaries  of 
the  chief  deputy  and  all  the  clerks  and  deputies 
herein  provided  for  shall  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time,  and  in 
the  same  manner,  and  out  of  the  same  fund  as 
the  salary  of  the  Tax  Collector. 

7.  The  District  Attorney,  four  thousand  dollars 
per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the 
District  Attorney  an  Assistant  District  Attorney 
and  the  following  deputies,  who  shall  be  appointed 
by  the  District  Atorney  of  said  county,  and  shall- 
be  paid  salaries  as  follows:  One  Assistant  District 
Attorney  at  a  salary  of  one  hundred  and  eighty- 
five  dollars  per  month;  one  chief  deputy  at  a  sal- 
ary of  one  hundred  and  seventy-five  dollars  per 
month;  one  deputy  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  two  deputies  at  a  salary 
of  one  hundred  dollars  each  per  month;  and  one 
stenographer  at  a  salary  of  seventy-five  dollars  per 
month;  provided  further,  that  nothing  herein  con- 
tained shall  be  construed  to  prevent  the  Board  of 
Supervisors  of  said  counties  of  this  class  from  em- 
ploying special  counsel  when,  in  the  judgment  of 
said  board,  the  interests  of  said  county  require  it. 
The  salaries  of  the  Assistant  District  Attorney, 
deputies,  stenographer,  and  special  counsel  herein 
provided  for  shall  be  paid  by  the  county  in 
monthly  installments,  at  the  same  time,  and  in 
the  same  manner,  and  out  of  the  same  fund  as  the 
salary  of  the  District  Attorney. 


144  County  Government. 

8.  The  Assessor,  thirty-six  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  hereby  is  allowed  to  the  Asses- 
sor the  following  deputies  and  clerks,  who  shall 
be  appointed  by  the  Assessor,  and  shall  be  paid 
salaries  as  follows:  One  chief  deputy,  at  one  hun- 
dred and  twenty-five  dollars  per  month;  one  sec- 
ond deputy,  at  a  salary  of  one  hundred  fifteen  dol- 
lars per  month;  one  valuation  clerk,  at  a  salary 
of  eighty-five  dollars  per  month;  one  transfer 
clerk,  at  a  salary  of  eighty-five  dollars  per 
month:  twenty  field  deputies  for  not  ex- 
ceeding one  month  in  any  one  year,  at  a  salary  of 
one  hundred  dollars  each  per  month;  twenty-five 
field  deputies  for  not  exceeding  two  months  in 
any  one  year,  at  a  salary  of  ninety  dollars  each 
per  month;  fifteen  field  deputies  for  not  exceed- 
ing two  months  in  any  one  year,  at  a  salary  of 
one  hundred  dollars  each  per  month;  five  field 
deputies  for  not  exceeding  three  months  in  any 
one  year,  at  a  salary  of  one  liundred  dollars  each 
per  month;  five  field  deputies  for  not  exceeding 
four  months  in  any  one  j'ear,  at  a  salary  of  ninety 
dollars  each  per  month;  four  clerks  for  not  ex- 
ceeding four  months  in  any  one  year,  at  a  salary 
of  ninety  dollars  each  per  month;  one  clerk  for 
not  exceeding  three  months  in  any  one  year,  at  a 
salary  of  ninety  dollars  per  month;  nineteen 
clerks  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  eighty  dollars  each  per  month; 
four  clerks  and  one  stenographer  not  to  exceed 
four  months  in  any  one  year,  at  a  salary  of  sixty 
dollars  each  per  month;  five  clerks  for  not  ex- 
ceeding one  month  in  any  one  year,  at  a  salary  of 
eighty  dollars  each  per  mouth;  fifteen  clerks, 
copyists,  and  indexers  for  not  to  exceed  four 
months  in  any  one  year,  at  a  salary  of  sixty  dol- 
lars each  per  month,  and  one  messenger  for  not 
exceeding  four  months  in  any  one  year,  at  a  sal- 
ary of  thirty  dollars  per  month.  The  salaries  of 
the  deputies,  stenographer  and  clerks  herein  pro- 
vided for  shall  be  paid  by  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of 
the  County  Assessor  is  paid. 

9.  The  Coroner,  three  thousand  dollars  per  year 
and  his  actual  necessary  traveling  expenses  when 


County  Government.  145 

traveling  outside  of  tlie  county  seat.  He  must 
hold  inquests,  as  prescribed  by  chapter  two,  title 
twelve,  part  two,  of  the  Penal  Code,  except  that 
he  may  in  his  discretion  dispense  with  a  jury. 
The  Coroner,  or  other  officer  holding  the  inquest 
upon  the  body  of  a  deceased  person,  may  sub- 
poena a  physician  or  surgeon  to  inspect  the  body, 
or  a  chemist  to  mal5;e  an  analysis  of  the  contents 
of  the  stomach  or  of  the  tissues  of  the  body,  or 
hold  a  post  mortem  examination  of  the  deceased, 
and  give  a  professional  opinion  as  to  the  cause  of 
death,  and  shall  cause  the  testimony  given  by 
the  witness  to  be  reduced  to  writing,  under  his 
direction,  and  may  employ  a  clerk  or  stenographer 
for  such  purpose,  as  now  provided  by  law. 

10.  The  Public  Administrator,  three  thousand 
dollars  per  annum. 

11.  The  Superintendent  of  Schools,  three  thou- 
sand dollars  per  annum,  which  shall  be  in  full  for 
all  services  including  attendance  upon  the  Board 
of  Education,  and  actual  necessary  traveling  ex- 
penses not  to  exceed  five  dollars  each  for  every 
school  district  in  the  county;  provided,  that  in 
counties  of  this  class,  there  shall  be  and  there 
hereby  is  allowed  to  the  Superintendent  of  Scnool& 
one  assistant  and  one  deputy,  who  shall  be  ap- 
pointed by  the  Superintendent  of  Schools  of  said 
county,  and  shall  be  paid  salaries  as  follows:  One 
assistant  at  a  salary  of  one  hundred  and  ten  dol- 
lars per  month;  one  deputy  at  a  salary  of  one  hun- 
dred dollars  per  month.  The  salaries  of  the  assist- 
ant and  deputy  herein  provided  for  shall  be  paid 
by  the  county  in  the  same  manner,  and  at  the 
same  time,  and  out  of  the  same  fund  as  the  Super- 
intendent of  Schools  is  paid. 

12.  The  Surveyor,  ten  dollars  per  day  for  all 
work  performed,  and  in  addition  thereto  all  nec- 
essary expenses  and  transportation  for  work  per- 
formed in  the  field;  provided,  that  in  counties  of 
this  class,  there  shall  be  and  there  hereby  is  al- 
lowed to  the  Surveyor,  one  chief  deputy  and  seven 
draughtsmen,  who  shall  be  appointed  by  the  Sur- 
veyor of  said  county,  and  shall  be  paid  salaries  as 
follows:  One  chief  deputy  at  a  salary  of  one  hun- 
dred and  forty  dollars  per  month;  five  draughts- 
men at  a  salary  of  one  hundred  dollars  each  per 
month;  and  two  draughtsmen  at  a  salary  of  sev- 

Gen.  Laws— 13 


146  County  Government. 

enty-five  dollars  per  month.  The  salaries  of  the 
chief  deputy  and  draughtsmen  herein  provided  for, 
shall  be  paid  by  said  county  in  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner 
as  the  deputies  of  other  county  officers  are  paid. 

13.  Supervisors,  one  thousand  eight  hun- 
dred dollars  per  annum,  together  with  niiileage,  at 
the  rate  of  ten  cents  per  mile  for  each  mile  ac- 
tually traveled  by  them  in  the  discharge  of  their 
duties,  either  as  Road  Commissioners  or  Super- 
visors, not  exceeding  in  the  aggregate  five  hun- 
dred dollars  each  per  annum.  They  shall  also  re- 
ceive their  necessary  expenses  when  attending 
meetings  of  the  State  Board  of  Equalization. 

14.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law;  provided, 
that  no  Justice  of  the  Peace  shall  receive  more 
than  one  thousand  dollars  per  annum,  which  may 
be  paid  in  monthly  installments  of  not  exceeding 
eighty-three  and  one-third  dollars  per  month,  for 
all  services  rendered  by  him  in  all  criminal  cases, 
or  in  actions  or  proceedings  to  which  the  people 
of  the  State  of  California  are  or  may  be  parties; 
and  no  claim  of  any  such  Justice  of  the  Peace  in 
excess  of  said  sum  of  one  thousand  dollars  per 
annum,  or  the  installments  thereof,  as  aforesaid, 
shall  be  allowed  or  paid:  but  all  fines  and  fees  col- 
lected by  every  such  justice  on  the  account  afore- 
said shall  belong  to  and  be  the  property  of  the 
county  in  which  such  justice  exercises  liis  juris- 
diction. And  each  of  such  justices  shall  report, 
under  oath,  on  the  first  Monday  of  each  month, 
to  the  Board  of  Supervisors  of  such  county,  the 
amount  of  all  fines  and  fees  collected  by  him,  on 
the  account  aforesaid,  during  the  preceding  month, 
and  shall,  on  said  date,  deposit  with  the  County 
Treasurer,  to  the  credit  of  the  county,  all  such 
fines  and  fees  as  may  be  shown  by  said  report 
to  have  been  collected  by  him.  He  shall  also  trans- 
mit the  Treasurer's  receipt  for  said  payment  to 
said  board  with  their  said  report;  provided  fur- 
ther, that  the  Boards  of  Supervisors  of  such  coun- 
ties may,  in  townships  having  a  population  of 
more  than  thirty-five  thousand,  provide  such  jus- 
tices, or  any  of  them,  with  an  office  and  the  nec- 
essai-y  furniture  and  supplies  for  the  Justice's 
Court. 


County  Government.  147 

15.  Constables,  such  fees  as  are  now  or  may- 
hereafter  be  allowed  by  law;  provided,  that  no 
Constable  shall  receive  more  than  one  thousand 
dollars  per  annum,  which  may  be  paid  in  monthly 
installments  of  not  exceeding  eighty-three  and  one- 
third  dollars  per  month  for  all  services  rendered 
by  him  in  all  criminal  cases,  or  in  actions  or  pro- 
ceedings to  which  the  people  of  the  State  of  Cali- 
fornia are  or  may  be  made  parties;  and  no  claim 
of  any  such  Constable,  in  excess  of  said  sum  of 
one  thousand  dollars  per  annum,  or  the  install- 
ments thereof,  as  aforesaid,  shall  be  allowed  or 
paid;  but  all  fees  collected  by  every  such  Consta- 
ble, on  the  account  aforesaid,  shall  belong  to  and 
be  the  property  of  the  county  in  which  Constable 
has  been  elected  or  appointed.  And  each  of  said 
Constables  shall  report  under  oath,  on  the  first 
Monday  of  each  month,  to  the  Board  of  Super- 
visors of  such  county,  the  amount  of  all  fees  col- 
lected by  him  on  the  account  aforesaid  during  the 
preceding  month,  and  shall  on  said  date  deposit 
with  the  County  Treasurer,  to  the  credit  of  the 
county,  all  such  fees  as  may  be  shown  by  said 
report  to  have  been  collected  by  him.  He  shall 
also  transmit  the  Treasurer's  receipt  for  said  pay- 
ment to  said  board,  with  his  said  report. 

16.  This  section  and  all  subdivisions  and  parts 
thereof  shall  be  in  force  and  talie  effect  from  and 
after  the  passage  of  this  act. 

Sec.  160.  In  counties  of  the  third  class  the  coun- 
ty officers  shall  receive  as  compensation  for  the 
services  required  of  them  by  law,  or  by  virtue  of 
their  offices,  the  following  salaries: 

1.  The  County  Cleric,  four  thousand  dollars  per 
annum;  provided,  that. in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the 
County  Clerlv  one  chief  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  sixteen  hundred  dollars 
per  annum;  four  court-room  deputies,  whose  sal- 
aries are  hereby  fixed  at  the  sum  of  fifteen  hun- 
dred dollars  per  annum  each:  one  deputy,  whose 
salary  is  hereby  fixed  at  the  sum  of  fifteen  hun- 
dred dollars  per  annum;  two  deputies,  whose  sal- 
aries are  hereby  fixed  at  the  sum  of  twelve  hun- 
dred dollars  per  annum  each;  one  deputy,  whose 
salary  is  hereby  fixed  at  the  sum  of  nine  hundred 
dollars  per  annum,  and  one  copyist,  whose  salary 


148  County  Government. 

is  hereby  fixed  at  the  sum  of  six  hundred  dollars 
per  annum;  the  chief  deputy,  ei^ht  deputies,  and 
one  copyist  herein  provided  for  shall  be  appointed 
by  the  Clerk  of  said  county,  and  their  salaries 
shall  be  paid  by  said  county  in  equal  monthly  in- 
stallments, at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  is  the  salary  of 
County  Clerk. 

2.  The  Sheriff,  four  thousand  dollars  per  an- 
num; provided,  that  there  shall  be  and  hereby  is 
allowed  to  the  Sheriff  one  under-sheriff,  whose 
salary  is  hereby  fixed  at  the  sum  of  two  thousand 
four  hundred  dollars  per  annum;  one  chief  jailer, 
whose  salary  is  hereby  fixed  at  the  sum  of  fifteen 
hundred  dollars  per  annum;  one  assistant  jailer, 
whose  salary  is  hereby  fixed  at  the  sum  of  twelve 
hundred  dollars  per  annum;  and  five  deputies, 
whose  salaries  are  hereby  fixed  at  the  sum  of 

twelve  hundred  dollars  per  annum  each;  the  un- 
der-sheriff, chief  jailer,  assistant  jailer,  and  five 
deputies  herein  provided  for  shall  be  appointed  by 
the  Sheriff  of  said  county,  and  their  salaries  shall 
be  paid  by  said  county,  in  equal  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the 
Sheriff;  provided,  that  in  counties  of  this  class  the 
Sheriff  shall  be  allowed  no  compensation  or  prof- 
it for  feeding  prisoners  in  the  county  jail,  but  that 
he  shall  file,  monthly,  with  the  County  Auditor, 
a  verified  statement,  showing  the  names  of  per- 
sons and  amounts  paid  to  each  for  expense  of 
feeding  such  prisoners,  and  the  Sheriff  shall  there- 
upon pay  over  to  the  County  Treasurer,  for  the  use 
of  the  county,  any  diff'erence  between  the  amount 
allowed  for  such  purpose  by  the  Supervisors  and 
the  amount  actually  expended  by  him  therefor. 

3.  The  Recorder,  four  thousand  dollars  per  an- 
num; provided,  that  there  shall  be  and  thereby  is 
allowed  to  the  Recorder  one  chief  deputy,  whose 
salary  is  hereby  fixed  at  fifteen  hundred  dollars 
per  ;innura;  two  deputies,  whose  salaries  are  here- 
by fixed  at  the  sum  of  twelve  hundred  dollars  per 
annum  each,  and  one  mortgage  deputy,  whose  sal- 
ary is  hereby  fixed  at  twelve  hundred  dollars  per 
annum;  provided  further,  thnt  the  chief  deputy, 
two  deputies,  and  one  mortgage  deputy  herein 
provided  for  shall  be  appointed  by  the  Recorder  of 


County  GoYerument.  149 

said  county,  and  their  salaries  sliall  be  paid  by 
said  county  in  equal  monthly  installments  at  the 
same  time  and  in  the  same  Ti^anner  and  out  of  the 
same  fund  as  the  salary  of  the  Recorder;  provided 
further,  that  in  counties  of  this  class  the  Recorder 
shall  be  entitled  to  the  actual  cost  incurred  by 
him  for  the  recording  of  all  papers  and  documents 
in  his  office  not  exceeding  six  and  one-half  cents 
per  folio  for  each  paper  or  document  so  recorded; 
and  provided  further,  that  said  Recorder  shall  file 
monthly,  with  the  County  Auditor,  a  verified 
statement,  showing  in  detail  the  persons  and  the 
amounts  paid  to  each  for-  such  recording. 

4.  The  Auditor,  three  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there 
shall  be  and  hereby  is  allowed  to  the  Auditor  one 
deputy,  who  shall  be  appointed  by  the  Auditor  of 
said  county,  and  whose  salary  is  hereby  fixed  at 
the  sum  of  fifteen  hundred  dollars  per  annum;  one 
clerk,  whose  salary  is  hereby  fixed  at  the  sum  of 
nine  hundred  dollars  per  annum,  and  such  addi- 
tional assistance  as  the  Auditor  may  require,  and 
whose  compensation  shall  not  in  the  aggregate 
exceed  the  sum  of  five  hundred  dollars  per  an- 
num; and  provided,  that  the  Auditor  shall  file 
with  the  County  Clerk  a  verified  statement,  show- 
ing in  detail  tl:ie  amounts  paid,  and  the  persons  to 
whom  said  compensation  is  paid,  for  such  extra 
assistance  as  aforesaid.  The  salaries  herein  pro- 
vided for  shall  be  paid  by  the  said  county  in 
equal  monthly  installments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  Auditor. 

5.  The  Treasurer,  three  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there 
shall  be  and  hereby  is  allowed  to  the  Treasurer 
one  deputy,  who  shall  be  appointed  by  the  Treas- 
urer of  said  county,  and  whose  salary  is  hereby 
fixed  at  the  sum  of  twelve  hundred  dollars  per  an- 
num, which  sum  shall  be  paid  by  said  county  in 
equal  monthly  installments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  Treasurer. 

6.  The  Tax  Collector,  three  thousand  dollars 
per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the 
Tax  Collector  one  chief  deputy,  whose  salary  is 


150  County  Government. 

hereby  fixed  at  the  sum  of  fifteen  hundred  dollars 
per  annum,  and  one  deputy,  whose  salary  is  here- 
by fixed  at  the  sum  of  twelve  hundred  dollars  per 
annum;  provided  further,  that  there  shall  be  and 
there  hereby  is  allowed  to  the  Tax  Collectoi*  one 
extra  deputy  for  the  month  of  April  of  each  year, 
whose  salary  shall  be  one  hundred  dollars  for 
such  month,  and  three  extra  deputies  for  the 
month  of  July  of  each  year,  whose  salaries  sliall 
be  one  hundred  dollars  each  for  such  month,  and 
five  extra  deputies  for  the  month  of  August  of  each 
year,  whose  salaries  shall  be  one  hundred  dollars 
each  for  such  month,  and  six  extra  deputies  for 
the  month  of  September  of  each  year,  whose  sal- 
aries shall  be  one  hundred  dollars  each  for  such 
month,  and  seven  extra  deputies  for  the  month 
of  October  of  each  3'ear,  whose  salaries  shall  be 
one  hundred  dollars  each  for  such  month,  and 
nine  extra  deputies  for  the  month  of  November  of 
each  year,  whose  salaries  shall  be  one  hundred 
dollars  each  for  such  month;  provided  further, 
that  the  chief  deputy,  and  all  other  deputies  here- 
in provided  for,  shall  be  appointed  by  the  Tax 
Collector  of  said  county,  and  the  salaries  of  said 
chief  deputy  and  all  other  deputies  herein  pro- 
vided for  shall  be  paid  by  said  county,  during  the 
time  which  they  shall  hold  office,  as  herein  pro- 
vided, at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  Tax 
Collector. 

61/0.  The  License  Collector  shall  receive  fifteen 
per  cent  of  all  licenses  collected  by  him. 

7.  The  Assessor,  four  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  Asses- 
sor one  chief  deputy,  whose  salary  is  hereby  fixed 
at  eighteen  hundred  dollars  per  annum,  one  dep- 
uty, whose  salary  is  hereby  fixed  at  twelve  hun- 
dred dollars  per  annum;  and  provided  further, 
that  there  shall  be  and  there  hereby  is  allowed 
to  the  Assessor  two  poll  tax  or  other  deputies, 
whose  salaries  are  hereby  fixed  at  one  hundred 
dollars  per  month  each  during  the  time  which  they 
shall  hold  office,  as  hereinafter  provided;  five  dep- 
uties, whose  salaries  are  hereby  fixed  at  one  hun- 
dred dollars  per  month  each  during  the  time  which 
they  shall  hold  office,  as  hereinafter  provided;  four 


County  Government.  151 

copyists,  whose  salaries  are  tierebv  fixed  at  one 
hundred  dollars  per  month  each  during  the  time 
which  thev  shall  hold  ofiice,  as  hereinafter  pro- 
vided; seven  outside  field  deputies,  whose  salaries 
are  hereby  fixed  at  one  hundred  and  twenty-five 
dollars  per  month  each  during  the  time  which 
they  shall  hold  office,  as  hereinafter  7>r<.vi;iP'i:  .ine 
cashier,  whose  salary  is  hereby  fixed  at  one  hun- 
dred dollars  per  month  during  the  time  which  he 
shall  hold  office,  as  hereinafter  provided,  one  per- 
sonal property  tax  collector,  who  shall  hold  office 
for  the  period  of  four  months,  as  hereinafter  pro- 
vided, and  at  a  compensation  of  one  hundred  dol- 
lars per  month;  and  eight  extra  deputies,  whose 
salaries  are  hereby  fixed  at  one  hundred  dollars 
per  month  each  during  the  time  which  they  shall 
hold  office,  as  hereinafter  provided;  provided,  that 
the  chief  deputy,  personal  property  tax  collector, 
all  other  deputies,  all  copyists  and  cashier  herein 
provided  for  shall  be  appointed  by  the  Assessor  of 
said  county;  provided  further,  that  the  one  chief 
deputy,  one  deputy,  two  poll  tax  or  other  deputies, 
five  deputies,  four  copyists,  seven  outside  field  dep- 
uties, personal  property  tax  collector,  cashier,  and 
eight  extra  deputies  herein  provided  for,  shall  be 
paid  during  the  time  which  they  shall  hold  office 
as  herein  provided,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  sal- 
ary of  the  Assessor;  provided  further,  that  the  two 
poll  tax  deputies,  five  deputies,  four  copyists, 
seven  outside  field  deputies,  one  personal  property 
tax  collector,  and  eight  extra  deputies  herein  pro- 
vided for,  shall  hold  office  from  twelve  o'clock 
meridian  of  the  first  Monday  in  March  of  each 
year  up  to  twelve  o'clock  meridian  of  the 
first  Monday  of  July  of  each  year;  and  the 
cashier  herein  provided  'for  shall  hold  office 
from  twelve  o'clock  meridian  of  the  first  Mon- 
day in  March  of  each  year  up  to  twelve  o'clock 
meridian  of  the  first  Monday  of  September  of 
each  year.  It  is  hereby  further  provided,  that  in 
counties  of  this  class  the  Assessor  shall  receive  no 
commission  for  his  collection  of  taxes  on  personal 
property,  nor  shall  such  Assessor  receive  any  com- 
pensation or  commission  for  the  collection  of  poll 
taxes  or  road  poll  taxes,  nor  shall  the  said  Asses- 


152  County  Government. 

sor  receive  any  compensation  for  making  out  the 
military  roll  of  persons  returned  by  him  as  subject 
to  military  duty,  as  provided  by  section  nineteen 
hundred  and  one  of  the  Political  Code;  provided, 
however,  that  should  the  Assessor  be  directed  by 
any  law,  or  by  any  order  of  the  Board  of  Super- 
visors, or  by  any  municipality  within  said  counties 
of  the  third  class,  to  prepare  maps,  plats,  block 
books  for  the  use  of  the  county,  or  assessment 
rolls  for  the  use  of  any  municipality,  then  said 
Assessor  shall  only  receive  the  actual  cost  by  him 
incurred  in  making  or  preparing  such  maps,  plats, 
block  books,  or  assessment  rolls;  and  provided 
further,  that  he  shall  file  with  the  County  Auditor 
a  sworn  statement,  showing  the  persons  tu  whom, 
and  the  amounts  paid  to  each,  for  such  maps, 
plats,  block  books,  or  any  such  assessment  rolls, 
and  that  he  shall  account  forthwith  and  pay 
over  to  the  county  any  difference  between  such 
cost  and  the  amount  so  allowed  by  him  for  such 
work. 

8.  The  District  Attorney,  four  thousand  dollars 
per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the 
District  Attorney  one  Chief  Deputy  District  Attor- 
ney, whose  salary  is  hereby  fixed  at  two  thousand 
dollars  per  annum;  one  Assistant  District  Attor- 
ney, whose  salary  is  hereby  fixed  at  fifteen  hun- 
dred dollars  per  annum;  one  Deputy  District  At- 
torney, whose  salary  is  hereby  fixed  at  twelve 
hundred  dollars  per  annum,  and  one  clerk,  whose 
salary  is  hereby  fixed  at  the  sum  of  six  hundred 
dollars  per  annum;  provided  further,  that  the 
Chief  Deputy  District  Attorney,  Assistant  District 
Attorney,  and  Deputy  District  Attorney,  and  clerk 
shall  be  appointed  by  the  District  Attorney,  and 
their  salaries  shall  be  iDaid  by  said  county  in  equal 
monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  District  Attorney. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools,  three  thou- 
sand dollars  per  annum:  provided,  that  in  coun- 


County  Government.  153 

ties  of  this  class  there  shall  be  and  hereby  is  al- 
lowed to  the  superintendent  of  schools  one  depu- 
ty, whose  salary  is  hereby  fixed  at  nine  hundred 
dollars  per  annum;  provided,  that  the  said  deputy 
shall  be  appointed  by  the  superintendent  of 
schools,  and  such  salary  shall  be  paid  by  said 
county  in  equal  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary ,  of  the  superintendent  of 
schools. 

12.  The  surveyor  shall  receive  ten  dollars  per 
day  for  all  work  performed  for  the  county,  and 
in  addition  thereto  all  necessary  expenses  and 
transportation  for  work  performed  in  the  field; 
provided,  that  whenever  the  surveyor  is  directed 
or  charged  to  make,  plat,  trace,  or  otherwise  pre- 
pare maps,  plats,  or  block  books  for  the  use  of 
the  county,  city  and  county,  or  any  municipality 
within  such  county,  then  sucli  county  surveyor 
shall  only  be  allowed,  in  addition  to  the  actual 
cost  and  expense  of  making,  platting,  tracing,  or 
otherwise  preparing  such  maps,  plats,  or  block 
books,  a  compensation  to  be  determined  by  the 
board  of  supervisors,  not  exceeding  the  sum  of 
ten  dollars  per  day  while  he  is  actually  so  em- 
ployed; and  provided  further,  that  such  county 
surveyor  shall  file  with  the  county  auditor,  a 
sw^orn  statement,  showing  in  detail  the  amounts 
so  paid,  and  the  persons  to  whom  such  amounts 
have  been  so  paid  for  such  expense  as  aforesaid. 

13.  In  all  townships  in  counties  of  this  class,  the 
justices  of  the  peace  shall  receive  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

15.  Each  supervisor,  one  hundred  and  twenty- 
five  dollars  per  month,  and  mileage  at  ten  cents 
per  mile  for  each  mile  actually  traveled  in  going 
to  and  from  their  residence  to  the  county  seat,  or 
in  the  performance  of  the  duties  required  of  them 
by  law  or  by  virtue  of  their  office;  provided,  that 
in  attending  sessions  of  the  board  only  four  mile- 
ages shall  be  allowed  for  each  month,  and  that  the 
total  mileage  allowed  shall  not  exceed  one  hun- 
dred dollars  in  any  one  month. 

16.  All  deputies  and  assistants  hereinbefore  pro- 
vided for  shall  be  appointed  by  their  respective 


154  County  Government. 

principals,  and  the  salaries  of  all  deputies  and 
assistants  shall  be  paid  in  the  same  manner  and 
out  of  the  same  fund  as  the  salaries  of  their  re- 
spective principals. 

17.  This  section  shall  be  in  force  and  effect 
from  and  after  the  first  Monday  after  the  first  day 
of  January,  eighteen  hundred  and  ninety-nine,  ex- 
cept subdivision  six  and  one-half,  which  said  sub- 
division shall  take  effect  sixty  days  after  the  pass- 
age of  this  act;  provided,  that  none  of  the  pro- 
visions of  this  act  herein  or  elsewhere  contained 
shall  be  construed  as  diminishing  the  fees,  com- 
pensation, emoluments,  or  receipts  of  any  incum- 
bent or  incumbents  of  offices  of  counties  of  the 
third  class,  but  such  provisions  shall  only  be  in 
force  and  effect  as  to  the  offices  and  officers  enu- 
merated in  this  section  after  said  last  named  date, 
except  as  hereinabove  provided. 

Sec.  161.  In  counties  of  the  fourth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  tlie  following  salaries,  to  wit: 

1.  The  county  cleric,  nine  thousand  dollars  per 
annum. 

2.  The  shei'iff,  nine  thousand  five  hundred  and 
twenty  dollars  per  annum;  provided,  that  lie  shall 
receive  as  additional  compensation  the  mileage 
collected  by  him  in  criminal  cases  where  the  same 
is  not  a  charge  against  his  county. 

3.  The  recorder,  eight  thousand  dollars  per  an- 
num. 

4.  The  auditor,  four  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  four  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  seven  thousand  dollars  per 
annum,  which  shall  include  all  fees  and  percent- 
age as  license  collector. 

7.  The  assessor,  nine  thousand  five  hundred 
dollars  per  annum,  and  the  said  assessor  may  ap- 
point one  deputy  assessor,  which  office  of  deputy 
assessor  is  hereby  created,  who  shall  receive  as 
compensation  the  sum  of  twelve  hundred  dollars 
per  annum,  payable  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  other  county  offi- 
cers. 

8.  The  district  attorney,  three     thousand     two 


County  Government.  155 

hundred  dollars  per  annum;  and  the  said  district 
attorney  may  appoint  one  assistant  district  attor- 
ney, and  one  deputy  district  attorney,  which  said 
offices  of  assistant  district  attorney  and  deputy 
district  attorney  are  hereby  created.  The  salary 
of  such  assistant  district  attorney  is  hereby  fixed 
at  eighteen  hundred  dollars  per  annum,  and  the 
salary  of  such  deputy  district  attorney  is  hereby 
fixed  at  twelve  hundred  dollars  per  annum,  such 
salaries  to  be  paid  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  other  county  offi- 
cers 

9.  The  coroner,  six  hundred  dollars  per  annum, 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand 
dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county;  and  the 
said  superintendent  of  schools  may  appoint  one 
assistant  superintendent  of  schools,  which  office 
of  assistant  superintendent  of  schools  is  hereby 
created,  who  shall  receive  as  compensation  the 
sum  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  other  county  officers. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law;  provided, 
that  justices  of  the  peace  shall  be  allowed  for  their 
services  no  more  than  two  thousand  dollars  in 
any  one  year  from  criminal  fees;  provided,  how- 
ever, that  in  townships  containing  a  population  of 
not  less  than  twenty  thousand  and  not  more  than 
forty  thousand  inhabitants,  the  justice  of  the 
peace  shall  be  allowed  a  clerk  at  a  salary  of  sev- 
enty-five dollars  per  month,  which  amount  shall  be 
allowed  and  paid  out  of  the  fees  collected  in  ad- 
dition to  the  said  two  thousand  dollars  allowed 
the  justices  of  the  peace  of  said  townships  in 
counties  of  this  class.  Said  justices  of  the  peace 
shall  render  an  itemized  account,  under  oath,  on 
the  first  Monday  of  each  month,  to  the  board  of 
supervisors  of  all  fees  collected;  provided  further, 
that  in  counties  of  this  class,  in  townships  hav- 
ing a  population  of  twenty  thousand  inhabitants 
and  over  there  shall  be  two  justices  of  the  peace. 


156  County  GoYernment. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  supervisor,  one  thousand  two  hundred 
dollars  per  annum,  and  twenty  cents  per  mile  for 
traveling  from  his  residence  to  the  county  seat  for 
each  trip  when  attending  the  county  seat  upon 
official  business,  such  mileage  not  to  exceed  for- 
ty-five Ciollars  per  month;  and  in  counties  of  this 
class  the  members  of  the  board  of  supervisors 
shall  be  ex  officio  road  commissioners,  and  as 
such  road  commissioner  shall  be  paid  the  sum  of 
five  hundred  dollars  per  annum  each. 

16.  Section  one  hundred  and  sixty-one  of  this 
act  shall  go  into  effect  from  and  after  its  pass- 
age. 

Sec.  162.  In  counties  of  the  fifth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per 
annum;  he  shall  appoint  one  chief  deputy  at  a  sal- 
ary of  fifteen  hundred  dollars  per  annum,  one  ad- 
ditional deputy  at  a  salary  of  nine  hundred  dol- 
lars per  annum,  and  three  court  room  clerks  at  a 
salary  of  twelve  hundred  dollars  each  per  annum. 
The  salaries  of  each  of  said  deputies  and  clerks 
to  be  paid  out  of  the  county  treasury,  in  equal 
monthly  installments  in  the  same  manner  and  at 
the  same  time  as  other  county  officials  are  paid. 

2.  The  sheriff,  nine  thousand  dollars  per  an- 
num, and  one  deputy  sheriff  at  a  salary  of  one 
thousand  five  hundred  dollars,  to  be  paid  at  the 
same  time  and  in  the  same  manner  as  other  coun- 
ty officers  are  paid,  being  the  same  deputy  allowed 
sheriffs  under  and  by  virtue  of  section  two  hun- 
dred and  sixteen  of  an  act  entitled  "An  act  to  es- 
tablish a  uniform  system  of  county  and  township 
governments,"  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-three,  and  such  fees 
and  mileage  as  are  now  or  hereafter  may  be  pro- 
vided by  law  for  all  services  done  or  performed  in 
actions  coming  from  another  county,  and  for  all 
criminal  service  necessarily  performed  outside  of 
his  county,  and  all  necessary  expense  incurred  in 
arresting  and  conveying  prisoners  before  a  court 
or  to  prison,  and  shall  have  such  fees  and  rea- 
sonable expenses  incurred  in  taking  and  keeping 


County  Government.  157 

property  seized  under  attachment  or  levied  on  un- 
der execution:  provided,  tliat  the  keeper's  fees 
shall  not  exceed  three  dollars  per  day  of  twelve 
hours,  except  when  it  becomes  necessary  to  keep 
a  place  of  business  open  in  the  night,  in  which  case 
he  shall  be  allowed  additional  keeper's  fees,  to  be 
fixed  by  the  court  from  which  the  writ  is- 
sued under  which  the  property  was  taken. 

3.  The  recorder,  four  thousand  dollars  per  an- 
num. 

4.  The  auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  three  thousand  four  hundred 
dollars  per  annum. 

6.  The  tax  collector,  two  thousand  five  hundred 
dollars  per  annum. 

6V2.  The  license  collector,  one  thousand  eight 
hundred  dollars  per  annum. 

7.  The  assessor,  six  thousand  dollars  per  an- 
num. 

8.  The  district  attorney,  three  thousand  six  hun- 
dred dollars  per  annum.  In  counties  of  this  class 
the  district  attorney  may  appoint  an  assistant  dis- 
trict attorney,  which  office  is  hereby  created,  who 
shall  receive  as  compensation  for  his  services  the 
sum  of  fifteen  hundred  dollars  per  annum,  to  be 
paid  out  of  the  county  treasury  in  equal  monthly 
installments  in  the  same  manner  and  at  the  same 
time  other  county  officials  are  paid.  In  counties 
of  this  class  the  district  attorney  may  appoint  a 
clerk  for  service  in  his  office,  which  office  of  clerk 
to  the  district  attorney  is  hereby  created,  and  said 
clerk  shall  receive  as  compensation  for  his  ser- 
vices the  sum  of  nine  hundred  dollars  per  annum, 
to  be  paid  out  of  the  county  treasury  in  equal 
monthly  installments,  in  the  same  manner  and  at 
the  same  time  other  county  officials  are  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  schools  of  his  county,  not 
exceeding  three  hundred  dollars  per  annum. 

12.  The  surveyor,  two  thousand  four  hundred 
dollars  per   annum,    and   in   addition   thereto   all 

Gen.  Laws -14. 


158  County  Government. 

necesKary  expenses  and  transportation  for  work 
performed  on  the  field;  provided,  that  in  counties 
of  this  class,  whenever  the  board  of  supervisors 
shall  order,  or  the  assessor  may  require  assessor's 
map  or  bloclv  books,  then  the  surveyor  shall  re- 
ceive, in  addition  to  the  salary  hereinabove  noted 
the  sum  of  nine  hundred  dollars  for  the  prepara- 
tion and  completion  of  the  said  map  or  block 
books. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  supervisor,  seventy-five  dollars  per 
month,  and  ten  cents  per  mile  for  traveling  to 
and  from  the  county  seat;  provided,  mileage  shall 
not  be  allowed  oftener  than  once  in  each  month. 

16.  In  counties  of  this  class,  the  official  report- 
ers, not  exceeding  two,  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in 
civil  and  criminal  cases  tried  in  said  cases  tried 
in  said  court,  each  a  monthly  salary  of  one  hun- 
dred and  sixty-six  and  two-thirds  dollars,  payable 
out  of  the  county  treasury  at  the  same  time  and 
in  the  same  manner  as  the  salary  of  other  county 
officers;  and  for  transcription  of  said  notes,  when 
required,  the  sum  of  ten  cents  per  folio  for  the 
original,  and  five  cents  per  folio  for  a  copy,  shall 
be  paid  the  reporter  making  the  transcription;  pro- 
vided, that  said  tAvo  official  reporters  herein  desig- 
nated shnll  perform  all  the  services  necessary  in 
all  the  departments  of  said  court,  and  when  the 
departments  shall  require  the  services  of  a  report- 
er at  the  same  session,  it  shall  be  the  duty  of  the 
said  two  offlcinl  reporters  to  furnish  the  extra  re- 
porter, and  his  compensation  shall  be  paid  by 
them,  and  shall  not  be  a  charge  against  the  coun- 
ty. Said  compensation  for  transcription  in  crim- 
inal cases  to  be  allowed  on  the  order  of  the  court 
and  paid  out  of  the  county  treasury,  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 
It  is  further  provided  that  in  each  civil  case  re- 
ported by  the  official  reporter  there  shall  be  taxed 
as  costs  in  the  case,  ten  dollars  per  diem  for  each 
day  of  the  trial  thereof.     Such  per  diem  fee  shall 


County  Government.  159 

be  paid  to  the  clerk  of  the  court  in  aclvance  by  the 
party  requesting-  the  services  of  the  reporter,  and 
where  his  services  are  requested  by  more  than  one 
party,  then  such  fee  shall  be  paid  in  equal  propor- 
tions by  each  of  said  parties.  All  per  diem  fees  so 
collected  shall  be  paid  by  said  clerli  into  the  treas- 
ury of  the  county  in  which  the  case  is  tried. 

17.  All  portions  of  this  section  referring  to  the 
salaries  of  the  sheriff,  county  clerli,  surveyor,  and 
reporters,  shall  take  effect  and  be  in  full  force 
from  and  after  the  passage  of  this  act. 

Sec.  163.  In  counties  of  the  sixth  class  the  coun- 
ty officers  shall  receive,  as  compensation  for  the 
services  required  of  them  by  law  or  by  virtue  of 
their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  "five  thousand  dollars  per 
annum;  provided,  that  he  shall  appoint  one  chief 
deputy  at  a  salary  of  twelve  hundred  dollars  per 
annum,  and  two  court-room  deputies  at  a  salary 
of  nine  hundred  dollars  per  annum  each;  the  sal- 
aries of  said  three  deputies  shall  be  paid  by  said 
county  clerk  out  of  said  five  Ihousand  dollars  com- 
pensation above  named. 

2.  The  sheriff,  six  thousand  two  hundred  dol- 
lars per  annum;  provided,  that  he  shall  appoint 
one  under  sheriff  at  a  salary  of  fifteen  hundred 
dollars  per  annum,  and  three  deputy  sheriffs  at  a 
salary  of  nine  hundred  dollars  per  annum  each. 
The  salaries  of  said  under  sheriff  and  deputies 
shall  be  paid  by  said  sheriff  out  of  said  sixty-two 
hundred  dollars  compensation  above  named.  The 
sheriff  shall  also  receive,  as  compensation  for 
traveling,  to  be  computed  in  all  cases  from  the 
court-house,  to  serve  any  summons  and  complaint, 
or  any  other  process  by  which  an  action  or  pro- 
ceeding is  commenced,  notice,  rule,  order,  sub- 
poena, attachment  on  property,  to  levy  an  execu- 
tion, post  notices  of  sale,  to  sell  property  under 
execution  or  other  order  of  sale,  to  execute  an  or- 
der for  the  delivery  of  personal  property,  writ  of 
possession  or  restitution,  to  hold  inquest  or  trial 
of  right  of  property,  in  executing  writ  of  habeas 
corpus,  or  collecting  taxes,  in  going  only,  twenty 
cents  for  each  mile;  provided,  that  if  any  two  or 
more  papers  be  required  to  be  served  in  the  same 
suit,  at  the  same  time,  and  in  the  same  direction, 
one  mileage  only  shall  be  charged  to  the  most  dis- 


160  County  Government. 

tant  points  to  complete  such  service,  vrhich  dis- 
tance shall,  in  all  cases,  be  estimated  by  the  near- 
est practicable  route. 

3.  The  recorder,  three  thousand  nine  hundred 
dollars  per  annum;  provided,  that  the  recorder 
shall  appoint  a  chief  deputy  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum,  and  two 
copyists  at  a  salary  of  six  hundred  dollars  per  an- 
num each,  which  salary  of  chief  deputy  and  of 
said  two  copyists  shall  be  paid  by  said  recorder 
out  of  said  three  thousand  nine  hundred  dollars 
compensation  above  named. 

4.  The  auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  twelve  hundred  dollars  per 
annum. 

7.  The  assessor,  four  thousand  two  hundred 
dollars  per  annum;  provided,  that  the  assessor 
shall  appoint  eight  deputy  assessors  at  a  salary  of 
three  hundred  dollars  per  annum  each,  all  of 
which  deputies'  salaries  shall  be  paid  by  said  as- 
sessor out  of  said  four  thousand  two  hundred  dol- 
lars compensation  above  named. 

8.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum,  and  one  assistant  district 
attorney  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  to  be  paid  at  the  same  time  and  in  the 
same  manner  as  county  officers  are  paid;  said  as- 
sistant disti-ict  attorney  allowed  in  lieu  of  the 
assistant  district  attorney  allowed  by  virtue  of 
subdivision  thirty-six  of  section  twenty-five  of  an 
act  entitled  "An  act  to  establish  a  uniform  sys- 
tem of  county  and  township  governments,"  ap- 
proved Marcli  twenty-fourth,  eighteen  hundred 
and  ninety-three. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  surveyor  shall  receive  one  thousand  five 
hundred  dollars  per  annum  for  all  worK  performed 
by  the  county,  and  in  addition  thereto  all  neces- 


County  Government.  161 

sary  and  actual  traveling  expenses  incurred  in 
connection  witli  field  v^orli;  provided,  that  when- 
ever the  surveyor  is  directed  by  the  board  of  su- 
pervisors to  plat,  trace,  or  otherwise  prepare  maps, 
plats,  or  blocli:  books,  for  use  of  the  county  asses- 
sor, he  shall  be  allowed  only  the  actual  cost  of 
preparing  the  same;  provided,  further,  that  all 
fees  now  or  which  may  be  hereafter  allowed  by 
law,  shall  be  paid  into  the  county  treasury  for 
the  benefit  of  the  county. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Supervisors,  for  all  services  required  of 
them  by  law  or  by  virtue  of  their  office,  must  be 
allowed  six  dollars  per  day,  and  thirty  cents  per 
mile  in  traveling  from  their  place  of  residence  to 
the  court-house;  provided,  that  only  one  mileage 
must  be  allowed  at  each  term;  and  provided  fur- 
ther, that  no  supervisor  must  be  allowed  more 
than  one  day's  pay  for  any  one  day,  by  reason 
of  his  being  on  the  committees  appointed  by  the 
board  of  supervisors,  or  for  any  other  cause;  pro- 
vided, that  in  no  case  shall  the  per  diem  of  the  su- 
pervisors exceed  eight  hundred  dollars  each  in  one 
year. 

16.  In  counties  of  this  class  the  official  reporter 
of  each  department  of  the  superior  court  shall  re- 
ceive, as  full  compensation  for  tailing  notes  in 
civil  and  criminal  cases  tried  in  said  court,  and 
for  all  preliminary  examinations  and  other  ser- 
vices rendered  in  court,  a  monthly  salary  of  one 
hundred  dollars,  payable  out  of  the  county  treas- 
ury at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  county  officers;  and  for  transcrip- 
tion of  said  notes,  when  required,  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy;  said  compensation 
for  transcription  in.  criminal  cases  to  be  audited 
and  allowed  by  the  board  of  supervisors,  as  other 
claims  against  the  county,  and  paid  out  of  the 
county  treasury,  and  in  civil  cases  to  be  paid  by 
the  party  ordering  the  same,  or,  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  par- 
ties, as  the  court  may  direct. 


102  County  Government. 

Sec.  104.  In  counties  of  the  seventh  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerli,  three  thousand  five  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  three  thousand  six  hundred  dol- 
lars per  annum.  The  sheriff  shall  also  receive, 
for  his  own  use  and  benefit,  the  fees  for  mileage 
which  are  now  or  which  may  hereafter  be  allowed 
by  law,  and  the  fees  or  commissions  for  the  service 
of  all  papers  whatsoever  issued  by  any  court  of 
the  state  outside  of  his  county;  and  shall  also  re- 
ceive his  necessary  expenses  in  all  criminal  cases. 

3.  The  recorder,  two  thousand  five  hundred  dol- 
lars per  annum. 

4.  The  auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  two  thousand  five  hundred 
dollars  per  annum. 

6.  The  tax  collector,  eight  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  as 
tax  collector  and  license  collector. 

7.  The  assessor,  two  thousand  two  hundred 
dollars  per  annum. 

8.  Tlie  district  attorney,  three  thousand  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  survej'or,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  laAV. 

13.  Justices  of  the  peace  shall  receive  the  fol- 
lowing salaries  for  all  services  rendered  by  them 
in  criminal  cases  payable  monthly  in  the  same 
manner  as  county  officers  are  paid,  viz.:  In  town- 
ships having  a  population  of  fourteen  thousand  or 
more,  one  hundred  dollars  per  month;  in  town- 
ships having  a  population  of  not  less  tlian  five 
thousand  nor  more  than  fourteen  thousand,  sixty- 
five  dollars  per  month;  in  townships  having  a  pop- 
ulation of  not  less  than  three  thousand  nor  more 
than   five  thousand,   fifty   dollars   per   month;   in 


Couuty  Goverumeut.  163 

townships  having  a  population  of  not  less  than 
two  thousand  nor  more  than  three  thousand,  forty 
dollars  per  month;  in  townships  having  a  popula- 
tion of  not  less  than  fifteen  hundred  nor  more  than 
two  thousand,  thirty  dollars  per  month;  in  all 
townships  having  a  population  of  less  than  fif- 
teen hundred,  fifteen  dollars  per  month.  Justices 
of  the  peace  in  counties  of  this  class  shall  also  re- 
ceive, for  their  own  use  and  benefit,  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law  in 
civil  cases. 

14.  Constables  shall  receive  the  following  sala- 
ries for  all  services  rendered  by  them  in  criminal 
cases,  payable  monthly,  in  the  same  manner  as 
county  officers  are  paid,  viz.:  In  townships  hav- 
ing a  population  of  fourteen  thousand  or  more, 
one  hundred  dollars  per  month;  in  townships  hav- 
ing a  population  of  not  less  than  five  thousand 
nor  more  than  fourteen  thousand,  sixty-five  dol- 
lars per  month;  in  townships  having  a  population 
of  not  less  than  three  thousand  nor  more  than  five 
thousand  fifty  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  two  thousand 
nor  more  than  three  thousand,  forty  dollars  per 
month;  in  townships  having  a  population  of  not 
less  than  fifteen  hundred  nor  more  than  two  thou- 
sand, thirty  dollars  per  month;  in  all  townships 
having  a  population  of  less  than  fifteen  hundred, 
fifteen  dollars  per  month.  Constables  shall  also 
receive  for  their  own  use  and  benefit  such  fees  as 
are  now  or  hereafter  may  be  allowed  by  law,  for 
mileage  in  criminal  cases,  and  shall  also  receive 
such  fees  as  are  now  or  hereafter  may  be  allowed 
by  law  in  civil  cases. 

15.  Each  member  of  the  board  of  supervisors, 
nine  hundred  dollars  per  annum,  and  their  nec- 
essary expenses  when  attending  to  the  business  of 
the  county,  other  than  the  meetings  of  the  board, 
and  fifteen  cents  a  mile  mileage  in  traveling  to 
and  from  his  residence  to  the  county  seat;  pro- 
vided, that  no  more  than  one  mileage  at  any  one 
term  of  the  board  shall  be  allowed. 

16.  The  county  clerk  shall  have  one  chief  dep- 
uty at  a  salary  of  one  thousand  two  hundred  dol- 
lars per  annum,  two  court-room  deputies  at  a  sal- 
ary of  nine  hundred  dollars  per  annum  each;  and 
deputies,  or  a  deputy,  for  the  purpose  of  register- 


1G4  County  Government. 

ing  electors,  and  for  other  emergencies,  to  be  paid 
not  to  exceed  three  dollars  per  diem  each.  The 
county  recorder,  one  deputy  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum,  and 
two  deputies  at  a  salai*y  of  nine  hundred  dollars 
per  annum  each.  The  treasurer,  one  deputy  at  a 
salary  of  one  thousand  live  hundred  dollars  per 
annum.  The  assessor,  one  office  deputy  at  a  sal- 
ary of  one  thousand  two  hundred  dollars  per  an- 
num, and  fifteen  deputies  to  serve  from  the  first 
Monday  in  March  to  the  first  Monday  in  July  of 
each  year,  and  shall  each  receive  four  dollars  per 
day  for  each  day  they  actually  and  necessarily 
attend  to  the  duties  of  the  office.  The  district  at- 
torney, an  assistant  district  attorney  at  a  salary 
of  fifteen  hundred  dollars  per  annum,  and  a  dep- 
uty district  attorney  at  a  salary  of  nine  hundred 
dollars  per  annum.  The  sheriff,  an  under  sheriff, 
who  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  per  annum;  a  cleric  who  shall  re- 
ceive a  salary  of  nine  hundred  dollars  per  annum; 
a  deputy  sheriff,  who  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum;  two  bailiffs  or  court- 
room deputies,  each  of  whom  shall  receive  a  sal- 
ary of  nine  hundred  dollars  per  annum;  two  jail- 
ers who  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum  each.  All  the  deputies,  assist- 
ants, and  clerks  herein  mentioned  shall  be  paid  at 
the  times  and  in  the  manner  that  their  principals 
are  paid,  from  and  after  the  approval  of  this  act. 

17.  This  act  so  far  as  it  relates  to  constables 
and  justices  of  the  peace  in  counties  of  the  sev- 
enth  class   shall  take   effect   immediately. 

Sec.  1G5.  In  counties  of  the  eighth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  seven  thousand  six  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  eight  thousand  dollars  per  an- 
num. 

3.  The  recorder,  the  fees  now  allowed  by  law 
pertaining  to  said  recorder's  office;  provided,  that 
all  books  of  record,  printing,  and  stationery,  shall 
be  furnished  and  paid  for  by  the  recorder  out  of 
his  fees.  The  style  and  quality  of  the  same  to 
be  approved  by  the  board  of  supervisors. 


County  Government.  165 

4.  The  auditor,  •  five  thousand  five  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  three  thousand  dollars  per  an- 
num, 

6.  The  tax  collector,  seven  thousand  dollars  per 
annum,  which  shall  include  all  fees  and  percent- 
age as  license  collector. 

7.  The  assessor,  four  thousand  dollars  per  an- 
num, and  such  fees  as  are  allowed  by  law. 

8.  The  district  attorney,  five  thousand  dollars 
per  annum. 

9.  The  superintendent  of  public  schools,  twen- 
ty-five hundred  dollars  per  annum.  He  shall  have 
one  deputy  at  an  annual  salary  of  twelve  hundred 
dollars. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

12.  The  surveyor,  two  thousand  dollars  per  an- 
num,which  shall  be  in  lieu  of  all  fees  and  per  diem 
now  allowed  by  law. 

13.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law;  provided,  however,  that 
no  constable  shall  be  allowed  in  any  one  month 
out  of  the  county  treasury,  more  than  seventy- 
five  dollars  in  misdemeanor  cases. 

14.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law;  provided, 
however,  that  no  justice  of  the  peace  shall  be  al- 
lowed in  any  one  month  out  of  the  county  treas- 
ury, more  than  seventy-five  dollars  in  misdemean- 
or cases. 

15.  Each  member  of  the  board  of  supervisors, 
five  hundred  dollars  per  annum,  and  fifteen  cents 
per  mile  in  going  from  his  residence  to  the  coun- 
ty seat  at  each  meeting  of  the  board.  Also,  four 
hundred  dollars  per  annum  each,  and  mileage  now 
allowed  by  law  for  services  as  road  commissioners. 

16.  In  counties  of  this  class  the  official  report- 
ers of  the  superior  court  shall  receive,  as  full  com- 
pensation for  tailing  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  on  all  lunacy  and 
preliminary  examinations  and  coroner's  inquests, 
a  monthly  salary  of  one  hundred  and  twenty-five 
dollars,  payable  out  of  the  county  treasury  at 
the  same  time  and  in  the  same  manner  as  the  sal- 


166  County  Government. 

aries  of  county  officers;  and  for  transcription  of 
said  notes,  when  required,  lie  shall  receive  the 
sum  of  ten  cents  per  folio  for  the  orisrinal  and  five 
cents  per  folio  for  a  copy;  said  compensation  for 
transcription  in  criminal  cases  and  coroner's  in- 
quests to  be  audited  and  allowed  by  the  board  of 
supervisors,  as  other  claims  a.2:ainst  the  county, 
and  paid  out  of  the  county  treasury,  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  .i^idge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

Sec.  166.  In  counties  of  the  ninth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their   offices,  the  following-  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  four  hun- 
dred dollars  per  annum.  He  shall  have  one  depu- 
ty at  a  salary  of  fifteen  hundred  dollars  per  an- 
num, one  at  a  salary  of  twelve  hundred  dollars, 
three  deputies  each  at  a  salary  of  nine  hundred 
and  sixty  dollars,  and  one  at  a  salary  of  seven 
hundred  and  twenty  dollars  per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum, 
and  all  fees  for  service  of  process  issued  without 
his  county.  He  shall  have  an  under  sheriff  whose 
annual  salary  shall  be  fifteen  hundred  dollars, 
two  deputies  whose  annual  salary  shall  bo  twelve 
hundred  dollars  each,  and  four  deputies  whose  an- 
nual salary  shall  be  nine  hundred  dollars  each. 

3.  The  recorder,  two  thousand  dollars  per  an- 
num, lie  shall  have  one  deputy  whose  salary 
shall  be  twelve  hundred  dollars  per  annum,  and 
two  deputies  who  shall  each  receive  nino  himdrerl 
and  sixty  dollars  per  annum.  He  shall  have  such 
copyists  as  are  necessary  to  perform  the  duties 
of  the  office,  at  a  compensation  not  to  exceed  six 
cents  per  folio. 

4.  The  auditor,  two  thousand  dollars  per  an- 
num, and  one  clerk  at  a  monthly  salary  of  eighty 
dollars.  The  auditor  shall  also  have  one  deputy, 
at  an  annual  salary  of  twelve  hundred  dollars. 

5.  The  treasurer,  two  thousand  five  hundred 
dollars  per  annum.  He  shall  have  a  deputy  at  a 
salary  of  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per 
annum.  He  shall  liave  one  deputy,  who  shall  re- 
ceive twelve  hundred  dollars     per     annum,     and 


County  Government.  167 

three  deputies,  each  at  an  annual  salary  of  nine 
hundred  and  sixty  dollars. 

7.  The  assessor,  two  thousand  five  hundred  dol- 
lars per  annum.  He  shall  have  one  deputy  at  a 
salary  of  nine  hundred  and  sixty  dollars  per  an- 
num, and  six  deputies  whose  per  diem  shall  be 
four  dollars  each,  when  actually  employed  be- 
tween the  tirst  Monday  in  March  and  the  first 
Monday  in  .June. 

8.  The  district  attorney,  three  thousand  dollars 
per  annum.  He  shall  have  one  deputy  at  a  salary 
of  eighteen  hundred  dollars,  and  one  deputy  at  a 
salary  of  twelve  hundred  dollars,  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law\ 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum.  He  shall  have  one  dep- 
uty at  an  annual  salary  of  twelve  hundred  dol- 
lars. The  superintendent  shall  also  be  allowed  ac- 
tual traveling  expenses  when  visiting  the  schools 
of  his  county. 

12.  The  surveyor,  two  thousand  dollars  per  an- 
num, and  his  actual  expenses  when  at  work  in  the 
field.  He  shall  have  one  deputy  at  a  salary  of 
seventy-five  dollars  per  month.  The  salary  here- 
in provided  for  surveyor  shall  not  apply  to  the 
current  term  of  ofiice. 

13.  Justices  of  the  peace,  the  fees  allowed  by 
law. 

14.  Constables,  the  fees  allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when 
the  board  is  necessarily  in  session,  and  twenty 
cents  for  each  mile  traveled  by  the  ordinary 
route  in  going  from  his  residence  to  the  county 
seat,  once  during  each  meeting. 

When  traveling  by  order  of  the  board  upon 
county  business,  each  supervisor  shall  be  allowed 
his  actual  itemized  expenses.  For  all  services  as 
road  commissioner  each  supervisor  shall  receive 
not  to  exceed  five  hundred  dollars  per  annum,  but 
for  all  services  rendered  by  virtue  of  his  ofiice,  in- 
cluding mileage,  no  supervisor  shall  be  allowed 
more  than  fifteen  hundred  dollars  in  any  one  year. 

16.  The  ofiicial  reporters  of  the  superior  court, 
in  counties  of  this  class,  shall     receive     as  full 


168  County  Government. 

compensation  for  taking  notes,  when  liis  ser- 
vices are  demanded  in  civil  cases,  and  in  all 
criminal  cases  tried  in  said  court,  a  monthly 
salary  of  one  hundred  and  fifty  dollars,  payable 
out  of  the  county  treasury,  in  the  same  man- 
ner as  salaries  of  county  of&cers  are  paid.  For 
transcription  of  said  notes,  when  required,  he 
shall  receive  ten  cents  per  folio  for  the  original, 
and  five  cents  per  folio  for  a  copy.  The  com- 
pensation for  transcription  in  criminal  cases  to  be 
audited  and  allowed  hj  the  board  of  supervisors 
as  other  claims  against  the  county,  and  paid  out 
of  the  county  treasury;  and  in  civil  cases  or  pro- 
ceedings, to  be  paid  by  the  party  ordering  the 
same,  or  when  ordered  by  the  judge,  by  either 
party,  or  by  both  parties,  as  the  court  may  direct. 
When  the  services  of  the  reporter  are  demanded 
in  any  civil  matter,  the  clerk  shall  collect,  each 
day,  in  advance,  five  dollars  from  the  party  de- 
manding the  same,  and  shall  pay  the  same  into  the 
county  treasury  on  the  first  Monday  of  each 
month. 

Sec.  167.  Counties  of  the  tenth  class,  the  coun- 
ty officers  shall  receive,  as  compensation  for  the 
services  required  of  them  bj^  law  or  by  virtue  of 
their  offi'ce,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  three  hun- 
dred dollars  per  annum,  and  the  sum  of  five  hun- 
dred dollars  for  making  great  register. 

2.  The  sheriff,  five  thousand  three  hundred  dol- 
lars per  annum  and  all  commissions,  fees,  and 
mileage,  for  the  service  of  papers  or  process  com- 
ing from  courts  other  than  those  of  his  OAvn 
county. 

3.  The  recorder,  fifteen  hundred  dollars  per  an- 
num; six  cents  per  folio  for  recording. 

4.  The  auditor,  one  thousand  eight  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred 
dollars  per  annum. 

6.  Tlie  tax  collector,  three  thousand  two  hun- 
dred dollars  per  annum;  provided,  however,  that 
in  counties  of  this  class,  the  tax  collector  shall  re- 
ceive no  fees  or  commissions  for  the  collection 
of  licenses. 

7.  The  assessor,  five  thousand  five  hundred  dol- 
lars per  annum;  provided,  however,  that  the  per- 


County  Government.  169 

oentage  received  by  the  assessor  on  poll  taxes  and 
personal  property  taxes,  and  also  amounts  allow- 
ed for  returning  names  of  persons  subject  to  mil- 
itary duty,  and  wliich,  in  counties  of  otlier  classes, 
is  allowed  to  the  assessor  as  compensation,  shall 
be  paid  by  him  into  the  county  treasury,  and  no 
part  thereof  shall  be  received  by  him  as  compensa- 
tion. 

8.  The  district  attorney,  three  thousand  dollars 
per  annum;  provided,  that  this  salary  shall  in- 
clude the  compensation  of  an  assistant,  or  of  depu- 
ties, if  any. 

9.  The  coroner,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools  for  full  ser- 
vices, including  attendance  on  the  county  board 
of  education,  one  thousand  five  hundred  dollars 
and  actual  traveling  expenses. 

12.  The  surveyor,  one  thousand  five  hundred 
dollars  per  annum,  and  in  addition  thereto,  all 
necessary  expenses,  and  transportation  on  work 
performed  in  the  field. 

13.  The  justices  of  the  peace,  the  following 
monthly  salaries,  to  be  paid  each  month  as  sala- 
ries of  other  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in 
criminal  cases: 

In  townships  having  a  population  of  six  thou- 
sand and  over,  one  hundred  dollars  per  month. 

In  townships  having  a  population  of  two  thou- 
sand four  hundred,  and  less  than  six  thousand, 
seventy-five  dollars  per  month. 

In  townships  having  a  population  of  two  thou- 
sand and  less  than  two  thousand  four  hundred, 
sixty-five  dollars  per  month. 

In  townships  having  a  population  of  one  thou- 
sand five  hundred,  and  less  than  two  thousand, 
fifty-five  dollars  per  month. 

In  townships  having  a  population  of  one  thou- 
sand, and  less  than  one  thousand  five  hundred, 
thirty  dollars  per  month. 

In  townships  having  a  population  of  eight  hun- 
dred, and  less  than  one  thousand,  twenty  dollars 
per  month. 

In  townships  having  a  population  of  five  hun- 
Gen.  Laws— 15. 


170  County  Government. 

dred,  and  less  than  eight  hundred,  fifteen  dollars 
per  month. 

In  townships  having  a  population  less  than  five 
hundred,  ten  dollars  per  month. 

In  addition  to  above  salaries,  each  justice  of  the 
peace  shall  collect  for  his  own  use  in  civil  cases 
such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

14.  Constables.  The  following  monthly  salaries 
to  be  paid  each  month  as  the  salaries  of  county 
oflicers  are  paid,  which  shall  be  in  full  for  all  ser- 
vices rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  five  thou- 
sand and  more,  one  hundred  dollars  per  month; 
in  townships  having  a  population  of  fifteen  hun- 
dred and  less  than  five  thousand,  sixty  dollars  per 
month;  in  townships  having  a  population  of  one 
thousand  and  less  than  fifteen  hundred,  fifty  dol- 
lars per  month;  in  townships  having  a  population 
of  eight  hundred  and  less  than  one  thousand, 
thirty  dollars  per  month;  in  townships  having  a 
population  of  five  hundred  and  less  than  eight 
hundred,  fifteen  dollars  per  month;  in  townships 
having  a  population  less  than  five  hundred,  ten 
dollars  per  month.  In  addition  to  the  monthly  sal- 
ary allowed  herein,  each  constable  may  receive 
and  retain  for  his  own  use  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  all  ser- 
vices performed  by  him  in  civil  actions. 

The  population  of  townships  shall,  for  the  pur- 
pose of  this  section,  be  determined  by  multiplying 
the  vote  for  governor,  cast  in  each  township,  at 
the  next  preceding  election,  by  five. 

15.  The  supervisors,  each  the  sum  of  six  hun- 
dred dollars  per  annum,  and  twenty  cents  per 
mile  one  way  for  attending  session  of  the  board; 
provided,  that  he  shall  not  receive  in  any  one 
year  more  than  five  hundred  dollars  for  said  mile- 
age. Each  supervisor  shall  receive  for  his  ser- 
vices as  road  commissioner,  twenty  cents  per  mile 
one  way  for  all  distances  actually  traveled  by  him 
in  the  performance  of  his  duties;  provided,  that 
he  shall  not  receive  in  any  one  year  more  than 
five  hundred  dollars. 

16.  The  official  reporter  of  each  department  of 
the  superior  court  shall  receive,  as  full  compensa- 
tion for  tailing  notes  in  civil  and  criminal  cases 


Couuty  Government.  171 

tried  in  said  courts,  and  when  requested  by  a 
justice  of  the  peace  or  coroner,  in  preliminary  ex- 
aminations, or  inquests,  a  salary  of  one  thousand 
dollars  per  annum,  payable  in  equal  monthly  in- 
stallments, out  of  the  county  treasury,  at  the 
same  time  and  in  the  same  manner  as  the  salaries 
of  other  county  officers;  and  for  transcription  of 
said  notes,  when  required,  they  shall  receive  the 
sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy,  and  also  actual 
traveling  expenses,  when  reporting  outside  of  the 
county  seat.  Said  compensation  for  transcribing 
in  criminal  cases,  preliminary  examinations,  and 
inquests,  and  traveling  expenses,  to  be  audited  and 
allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the 
county  treasury;  and  in  civil  cases,  to  be  paid  by 
the  party  ordering  the  same,  or,  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  par- 
ties, as  the  court  may  direct. 

17.  All  portions  of  this  section  referring  to  the 
salaries  of  surveyor,  justices  of  the  peace,  consta- 
bles, and  mileage  of  supervisors,  shall  take  effect 
and  be  in  full  force  from  and  after  the  passage 
of  this  act. 

Sec.  1G8.  In  counties  of  the  eleventh  class  the 
county  and  township  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by 
law  or  by  virtue  of  their  office,  the  following  sala- 
ries, to  wit: 

1.  The  county  clerk,  three  thousand  six  hundred 
dollars  per  annum,  and  one  deputy,  at  a  salary  of 
nine  hundred  dollars  per  annum. 

2.  The  sheriff,  five  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  four  hundred 
dollars  per  annum;  provided,  that  such  recorder 
shall  collect  and  pay  into  the  county  treasury,  for 
the  use  and  benefit  of  the  county,  the  fees  re- 
quired by  law  to  be  so  collected;  and  provided, 
that  when  the  amount  of  said  fees  collected  shall 
amount  to  more  than  four  hundred  dollars  in  any 
month,  the  recorder  may  receive  and  retain  for 
his  own  use,  in  addition  to  his  salary,  one-half  of 
all  fees  in  excess  of  four  hundred  dollars  in  any 
month  so  collected.  But  the  amount  of  fees  thus 
received  by  the  recorder  for  his  own  use.  plus  his 
salary,  shall  not  exceed  the  sum  of  four  thousand 
dollars  in  any  one  year. 


172  County  Goverument. 

4.  The  auditor,  one  thousand  two  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  two  thousand  eight  hun- 
dred dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  an- 
num. 

8.  The  district  attorney,  two  thousand  dollars 
per  annum;  provided,  that  when  authorized  by 
four-fifths  vote  of  the  board  of  supervisors,  the  dis- 
trict attorney  shall  appoint  an  assistant  district  at- 
torney, which  office  is  hereby  created,  who  shall  re- 
ceive as  compensation  for  his  services,  fifteen  hun- 
dred dollars  per  annum,  to  be  paid  out  of  the 
county  treasury  in  equal  monthly  installments, 
in  the  same  manner  as  other  county  officials  are 
paid,  except  as  otherwise  herein  provided. 

9.  The  coroner,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  liereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum. 

12.  The  surveyor,  fifteen  hundred  dollars  per 
annum,  and  necessary  traveling  expenses  Avhile  in 
the  performance  of  the  duties  of  his  office. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by   law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

15.  Supervisors  each  the  sum  of  six  hundred 
dollars  per  annum,  and  actual  mileage,  not  to  ex- 
ceed in  any  one  year  the  sum  of  one  lumdrod  dol- 
lars. Each  supervisor  shall  receive  for  his  ser- 
vices as  road  commissioner,  twenty  cents  per 
mile  one  way,  for  all  distances  actually  traveled 
by  him  in  the  performance  of  his  duties:  provided, 
that  he  shall  not  receive  in  any  one  year  more 
than  five  hundred  dollars.  This  act,  as  far  as  it 
relates  to  the  compensation  of  supervisors  as  road 
commissioners,  shall  take  effect  immediately  after 
the  passage  of  this  act. 

16.  In  counties  of  the  eleventh  class  the  official 
reporter  of  the  superior  court  shall  receive  for  at- 
tending court,  talving  notes,  and  reporting  cases 
tried  therein,  a  salary  of  one  hundred  and  eighty 


County  Government.  173 

dollars  per  month,  payable  at  the  same  time  and 
in  the  same  manner  as  the  salary  of  other  county 
officers,  and  for  transcription  of  notes  when  re- 
quired he  shall  receive  the  sum  of  ten  cents  per 
folio  for  the  original  and  five  cents  per  folio  for 
copies;  the  compensation  for  transcription  in 
criminal  cases  to  be  audited  and  allowed  by  the 
board  of  supervisors,  as  other  claims  against  the 
county,  and  paid  out  of  the  county  treasury;  and 
in  civil  cases  or  proceedings,  to  be  paid  by  the 
party  ordering  the  same,  or,  when  ordered  by  the 
judge,  by  either  party,  or  by  both  parties,  as  the 
court  may  direct. 

This  act,  so  far  as  it  relates  to  the  salaries  of 
county  and  township  officers  in  the  counties  of  the 
eleventh  class,  shall  take  effect  on  the  first  day  of 
January,  eighteen  hundred  and  ninety-nine. 

Provided,  also,  that  this  act,  so  far  as  it  relates 
to  the  reporter  of  the  superior  court  in  counties 
of  the  eleventh  class,  shall  take  effect  imme- 
diately. 

Sec.  169.  In  counties  of  the  twelfth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  three  thousand  dollars  per 
annum,  and  when  a  great  register  of  voters  is  or- 
dered he  shall  receive  five  hundred  dollars  addi- 
tional, which  shall  be  in  full  for  all  services  ren- 
dered in  registering  voters  and  making  the  great 
register. 

2.  The  sheriff,  four  thousand  five  hundred  dol- 
lars per  annum,  and  the  fees  or  commissions  for 
the  services  of  all  papers,  whatsoever  issued  by 
any  court  outside  of  his  county.  He  shall  appoint 
a  jailer  to  take  charge  of  the  branch  county  jail, 
at  a  salary  of  six  hundred  dollars  per  annum,  to 
be  paid  by  the  county. 

3.  The  recorder  twenty-two  hundred  and  fifty 
dollars  per  annum. 

4.  The  auditor,  eighteen  hundred  dollars  per 
annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per 
annum. 

6.  The  tax  collector,  fifteen  hundred  dollars  per 
annum. 

7.  The  assessor,  three  thousand  dollars  per  an- 
num. 


174  County  Government. 

8.  The  district  attorney,  two  thousand  dollnrs 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  five  hundred  dol- 
lars per  annum. 

11.  The  superintendent  of  schools,  fifteen  hun- 
dred dollars  per  annum,  and  his  actual  necessary 
traveling  expenses  while  visiting  schools. 

12.  The  surveyor  shall  receive  seven  dollars  per 
diem  for  each  day  actually  employed  in  the  per- 
formance of  his  duties  as  a  county  officer,  and  in 
addition  thereto  all  necessary  expenses,  such  as 
transportation  and  pay  of  help  which  may  be 
necessary  for  the  performance  of  county  duties. 

13.  Justices  of  the  peace,  the  following  monthly 
salaries,  to  be  paid  each  month  as  the  salaries  of 
county  officers  are  paid,  which  shall  be  in  full  for 
all  services  rendered  by  them  in  criminal  cases. 
In  townships  having  a  population  of  six  thousand 
or  more,  one  hundred  dollars  per  month;  in  town- 
ships having  a  population  of  two  thousand  four 
hundred  and  less  than  six  thousand,  seventy-five 
dollars;  in  townships  having  a  population  of  two 
thousand  and  less  than  two  thousand  four  hun- 
dred, sixtj^-five  dollars:  in  townships  having 
a  ])opulation  of  one  thousand  five  hundred  and 
less  than  two  thousand,  fifty-five  dollars;  in  town- 
ships having  a  population  of  one  thousand  and  less 
than  one  thousand  five  hundred,  thirty  dollars;  in 
townships  having  a  population  of  eight  hundred 
and  less  than  one  thousand,  twenty  dollars;  in 
townships  having  a  population  of  five  hundred 
and  less  than  eight  hundred,  fifteen  dollars;  in 
townships  having  a  population  less  than  five  hun- 
dred, ten  dollars.  Each  justice  must  pay  into  the 
county  treasury,  once  a  month,  all  fines  collected 
by  him.  In  addition  to  the  monthly  salary  al- 
lowed herein,  each  justice  may  receive  for  his  own 
use  such  fees  as  are  now  or  hereafter  may  be  al- 
lowed by  law  for  all  services  performed  by  him  in 
civil  actions. 

14.  Constables,  the  following  salaries,  which 
shall  be  paid  monthly,  as  salaries  of  county  offi- 
cers are  paid,  and  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases,  to 
wit:     In  townships   having  a  population  of  two 


County  Government.  175 

thousand  one  hundred  and  more,  one  hundred  dol- 
lars; in  townships  having  a  population  of  one 
thousand  five  hundred  and  less  than  two  thou- 
sand one  hundred,  eighty  dollars;  in  townships 
having  a  population  of  one  thousand  and  less 
than  one  thousand  five  hundred,  fifty  dollars;  in 
townships  having  a  population  of  eight  hundred 
and  less  than  one  thousand,  thirty  dollars;  in 
townships  having  a  population  of  five  hundred  and 
less  than  eight  hundred,  fifteen  dollars;  in  town- 
ships having  a  population  of  less  than  five  hun- 
dred, ten  dollars.  In  addition  to  the  monthly 
salary  allowed  herein,  each  constable  may  re- 
ceive and  retain  for  his  own  use  such  fees  as  are 
now  or  hereafter  may  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

For  the  purposes  of  this  act  the  basis  of  calcula- 
tion for  fixing  the  compensation  of  the  justices 
and  constables  above  mentioned,  the  population 
of  the  different  townships  of  the  county  shall  al- 
ways be  based  upon  the  figures  as  shown  by  the 
last  United  States  census;  provided,  however, 
that  whenever  tlie  census  of  any  township  or 
townships  shall  have  been  taken  under  the  pro- 
visions of  this  act,  said  census  may  become  the 
basis  of  calculation. 

15.  Each  member  of  the  board  of  supervisors, 
six  hundred  dollars  for  all  services  rendered,  and 
including  mileage;  provided,  that  when  required 
to  go  on  business  to  any  point  outside  of  said 
county  they  shall  be  allowed  actual  necessary  ex- 
penses. 

16.  The  oflicial  court  reporter,  for  all  services 
required  of  him  In  the  superior  court,  excepting 
for  transcribing  his  notes,  a  salary  of  one  thou- 
sand five  hundred  dollars  per  annum,  to  be  paid 
by  the  county  monthly  as  the  salaries  of  county 
officers  are  paid.  For  transcribing  his  notes  of 
testimony  in  the  superior  court  when  required, 
seven  cents  per  folio  for  original  and  four  cents 
per  folio  for  copies,  to  be  paid  for  when  com- 
pleted, by  the  party  in  a  civil  action  who  directs 
the  work  to  be  done,  but  the  same  shall  ultimate- 
ly be  taxed  as  costs  in  the  case.  In  criminal  pro- 
ceedings in  the  superior  court,  when  the  .iudge 
orders  the  notes  transcribed,  the  same  shall  be 
paid  from  the  county  treasury  on  the  order  of  the 


176  County  Government. 

court.  When  the  services  of  the  reporter  are  de- 
manded in  any  civil  matter  the  clerli  shall  collect, 
each  day  in  advance,  two  dollars  and  fifty  cents 
from  each  side  of  the  controversy,  and  pay  the 
same  into  the  county  treasury.  At  the  conclusion 
of  the  trial  or  proceeding  in  civil  matters,  such  re- 
porter's fees  shall  be  taxed  as  costs  in  the  same 
manner  that  other  costs  are  taxed  in  such  cases. 

17.  Members  of  the  county  board  of  education 
shall  receive  ten  cents  per  mile  for  travelino:  from 
his  or  her  residence  to  the  county  seat;  provided, 
that  mileage  be  not  allowed  for  more  than  two 
meetings  in  any  one  month. 

Sec.  170.  In  counties  of  the  thirteenth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  vir- 
tue of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  dollars  per 
annum. 

2.  The  sheriff,  six  thousand  five  hundred  dollars 
per  annum,  and  mileage  for  the  service  of  any  and 
all  processes  required  by  law  to  be  served  by 
him,  at  the  rate  of  ten  cents  per  mile  for  every 
mile  necessarily  traveled  in  the  performance  of 
such  duty. 

3.  The  recorder,  one  thousand  six  hundred  fifty 
dollars  per  annum,  and  six  cents  per  folio  for 
every  instrument  of  any  character  transcribed  by 
him  or  his  deputies,  which  said  amounts  shall  be 
paid  by  the  county  treasurer  out  of  the  county 
treasury. 

4.  The  auditor,  eighteen  hundred  dollars  per 
annum, 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  three  thousand  six  hundred 
dollars  per  annum:  provided,  that  as  such  tax  col- 
lector, or  as  ex  officio  license  collector,  he  shall 
not  have  or  receive  any  compensation  for,  or  per- 
centage upon,  the  collection  of  any  license. 

7.  The  assessor,  three  thousand  six  hundred 
dollars  per  annum. 

8.  The  district  attorney,  three  thousand  two 
hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 


Co^iuty  Government.  177 

11.  The  superintendent  of  schools,  one  thou- 
sand eight  hundred  dollars  per  annum,  and  ac- 
tual traveling  expenses  when  visiting  the  schools 
of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  The  justice  of  the  peace,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law;  pro- 
vided, that  the  fees  and  compensation  of  any  jus- 
tice of  the  peace  in  criminal  cases  or  proceedings 
to  which  the  people  of  the  state  of  California  are 
or  may  be  made  a  party  shall  not  exceed  nine  hun- 
dred forty  dollars  for  any  one  year, 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law;  provided,  that  the  fees 
and  compensation  of  any  constable  in  criminal 
cases  or  proceedings  to  which  the  people  of  the 
State  of  California  are  or  may  be  made  a  party 
shall  not  exceed  nine  hundred  dollars  for  any  one 
year. 

15.  Each  supervisor,  one  thousand  dollars  per 
annum,  for  all  services  performed  by  them  ns  su- 
pervisors, and  members  of  the  board  of  equaliza- 
tion, and  as  road  commissioner. 

IG.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  com- 
pensation in  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  a  monthly  salary  of  one 
hundred  and  twenty-five  dollars,  payable  out  of 
the  county  treasury  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  county  officers; 
and  for  transcription  of  said  notes,  when  required, 
he  shall  receive  the  sum  of  ten  cents  per  folio  for 
the  original,  and  five  cents  per  folio  for  a  copy; 
said  compensation  for  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  board  of 
supervisors,  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury,  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 
Whenever  the  services  of  a  reporter  are  demanded 
in  a  civil  action  or  proceeding,  he  shall  collect  in 
advance  from  the  parties  thereto,  and  pay  into 
the  county  treasurj^  the  sum  of  five  dollars  for 
each  day's  services  in  taking  notes. 

No  fees  shall  be  allowed  the  sheriff  or  tax  col- 


178  County  Government. 

lector  for  collecting  licenses  in  counties  of  this 
class. 

This  section  shall  take  effect  immediately. 

Sec,  171.  In  counties  of  the  fourteenth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offi'ces,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  three  thousand  dollars  per 
annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  dollars  per  an- 
num. 

4.  The  auditor,  one  thousand  two  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  three  thousand  five  hundred 
dollars  per  annum. 

8.  The  district  attorney,  twenty-four  hundred 
dollars  per  annum;  assistant  district  attorney, 
nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hun- 
dred dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law.  not  to  exceed  the  sum 
of  eighty  dollars  per  month. 

15.  Each  member  of  the  board  of  supervisors, 
ten  dollars  per  day,  not  exceeding  six  working 
days  each  month,  at  any  regular  session,  and  ten 
dollars  per  dny  while  sitting  as  a  board  of  equal- 
ization, or  in  special  sessions,  not  to  exceed  fif- 
teen worlcing  dnys  in  any  one  year,  and  mileage 
when  acting  as  road  commissioner,  twenty-five 
cents  per  mile,  one  way:  provided,  the  amount  of 
mileage  shall  not  exceed  the  sum  of  three  hun- 
dred dollars  in  any  one  year. 


County  Governineut.  179 

This  section  shall  take  effect  and  be  in  force  on 
and  after  January  first,  eighteen  hundred  and 
ninety-nine. 

Sec.  172.  In  counties  of  the  fifteenth  class  the 
county  otticers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  othces,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-five  hundred  dol- 
lars per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per 
annum. 

3.  The  recorder,  two  thousand  dollars  per  an- 
num. 

4.  The  auditor,  twelve  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  fifteen  hundred  dollars  per  an. 
num. 

6.  The  tax  collector,  fifteen  hundred  dollars  per 
annum. 

7.  The  assessor,  eighteen  hundred  dollars  per 
annum. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum;  no  deputies. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hun- 
dred dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  fees  as  are  now  or 
may  hereafter  be  allowed  by  law. 

14.  Constables,  fees  as  are  now  or  may  here- 
after be  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
six  hundred  dollars  per  annum,  which  shall  be  in 
full  for  all  services  rendered,  including  mileage. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  justices'  courts,  a  monthly  salary 
of  eighty-five  dollars,  payable  out  of  the  county 
treasury  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  county  officers;  and  for 
transcription   of   said   notes,   when     required,   he 


180  County  Government. 

shall  receive  the  sum  of  six  cents  per  folio  for 
the  original  and  five  cents  per  folio  for  a  copy; 
said  compensation  for  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  board  of 
supervisors,  as  other  claims  against  the  county, 
and  paid  out  of  tlie  county  treasurj^,  and  in  civil 
cases,  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

17,  The  compensation  allowed  each  officer  above 
enumerated  shall  be  in  full  for  all  services,  and 
shall  include  the  pay  for  all  deputies  and  copyists 
that  may  be  needed  in  their  respective  ottices 
whenever  the  same  are  allowed. 

Sec.  173.  In  counties  of  the  sixteenth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  w^it: 

1.  The  county  cleric,  three  thousand  dollars  per 
annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  thirty-two  hundred  dollars  per 
annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  twenty-five  hundred  dollars 
per  annum. 

6.  The  tax  collector,  six  hundred  and  fifty  dol- 
lars per  annum. 

7.  The  assessor,  fifty-five  hundred  dollars  per 
annum. 

8.  The  district  attorney,  twenty-five  hundred 
dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed   by  law. 

10.  Tlic  ])ublic  administrator,  four  hundred 
dollars  per  annum. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Eaoli  supervisor,  nine  hundred  dollars  per 
annum,  and  twenty  cents  per  mile  for  traveling 
from  his  residence  to  the  county  seat,  which  shall 


County  Government.  181 

be  full  compensation  for  all  services  as  super- 
visor  and  road  overseer;  provided,  that  no  more 
than  one  mileage  at  any  one  term  of  the  board 
shall  be  allowed,  and  that  one-fourth  of  the  an- 
nual salary  shall  be  paid  at  the  close  of  each  quar- 
terly session  of  the  board. 

16.  In  counties  of  this  class,  the  official  report- 
er of  the  superior  court,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

Sec.  174.  In  counties  of  the  seventeenth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  two  thousand  dollars  per 
annum. 

2.  The  sheriff,  three  thousand  five  hundred  dol- 
lars per  annum. 

3.  The  recorder,  sixteen  hundred  dollars  per 
annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  eighteen  hundred  dollars  per 
annum. 

6.  The  tax  collector  and  license  collector,  two 
thousand  dollars  per  annum,  which  shall  be  in 
full  for  all  services  as  tax  and  license  collector. 

7.  The  assessor,  fifteen  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hun- 
dred dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
five  hundred  dollars  per  annum  and  ten  cents  per 
mile  mileage  in  traveling  to  and  from  his  residence 
to  the  county  seat,  and  for  his  services  as  road 

Gen.  Laws— 16. 


182  Coimty  Government. 

commissioner  he  shall  receive  twenty  cents  per 
mile,  one  Avay,  for  all  distances  actually  traveled 
by  him  in  the  performance  of  his  duties;  provided, 
he  shall  not  in  any  one  year  receive  more  than  six 
hundred  dollars  as  such  road  commissioner.  This 
act,  as  far  as  it  relates  to  the  compensation  of 
supervisors  as  road  commissioners,  shall  take  ef- 
fect immediately  after  the  passage  of  this  act. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes  in  civil  and  criminal  cases 
tried  in  said  court,  and  for  preliminary  examina- 
tions in  justices'  courts,  a  monthly  salary  of  sixty 
dollars,  payable  out  of  the  county  treasury  at  the 
same  time  and  in  the  same  manner  as  the  salaries 
of  county  officers;  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original  and  five  cents 
per  folio  for  a  copy;  said  compensation  for  tran- 
scription in  criminal  cases  to  be  audited  and  al- 
lowed by  tlie  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county 
treasury,  and  in  civil  cases  to  be  paid  by  the  party 
ordering  the  same,  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the 
court  may  direct. 

Sec.  175.  In  counties  of  the  eighteenth  class, 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by  vir- 
tue of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per 
annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per 
annum.  The  sheriff  shall  also  receive,  in  all  civil 
cases,  for  his  own  use  and  benefit,  the  fees,  com- 
missions and  mileage,  which  are  now  or  which 
may  hereafter  be  allowed  by  law,  and  the  fees  or 
commissions  for  the  service  of  all  papers  what- 
soever issued  by  any  court  of  the  state  outside  of 
his  county. 

^.  The  recorder,  twenty-nine  hundred  dollars 
per  annum. 

4.  The  auditor,  twelve  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  eighteen  hundred  dollars  per 
annum. 

6.  The  tax  collector,  fifteen  hundred  dollars  per 


County  Government.  183 

annum  and  five  per  cent,  on  all  licenses  collected 
by  him  as  license  collector. 

7.  The  assessor,  twenty-five  hundred  dollars 
per  annum. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  alloTved  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hun- 
dred and  fifty  dollars  per  annum,  and  actual  trav- 
eling expenses  when  visiting  the  schools  of  his 
county,  but  he  shall  receive  no  extra  compensa- 
tion for  his  services  on  the  board  of  education. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

15.  The  supervisors,  each  the  sum  of  five  dol- 
lars per  day  for  actual  service,  together  with  mile- 
age at  the  rate  of  twenty  cents  p^er  mile,  in  going 
only,  from  their  residence  to  the  county  seat,  at 
each  session  of  the  board,  but  not  to  exceed  in  the 
aggregate  six  hundred  dollars  per  annum,  exclu- 
sive of  mileage. 

Sec.  176.  In  counties  of  the  nineteenth  clas^ 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by  vir- 
tue of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  dollars  per 
annum. 

2.  The  sheriff  five  thousand  five  hundred  dol- 
lars per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dol- 
lars per  annum. 

4.  The  auditor,  one  thousand  eight  hundred 
dollars  per  annum,  and  one  clerk  at  a  salary  not 
to  exceed  fifty  dollars  per  month. 

5.  The  treasurer,  one  thousand  eight  hundred 
dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per 
annum. 

7.  The  assessor,  four  thousand  dollars  per  an- 
num. 


184  County  Government. 

8.  The  district  attorney,  fifteen  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thou- 
sand five  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor  shall  receive  one  thousand 
five  hundred  dollars  per  annum  for  all  work  per- 
formed for  the  county,  and  in  addition  thereto, 
actual  traveling  and  other  necessary  expenses  in- 
curred in  connection  with  field  work;  provided, 
that  whenever  the  surveyor  is  directed  by  the  as- 
sessor to  plat,  trace  or  otherwise  prepare  maps, 
plats  or  block  book  for  the  use  of  the  county  as- 
sessor, he  shall  be  allowed  only  the  actual  cost  of 
preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  supervisor,  five  hundred  dollars  per 
annum,  and  ten  cents  per  mile  for  traveling  from 
his  residence  to  the  county  seat;  provided,  that 
not  more  than  one  mileage  for  one  session  of  the 
board  shall  be  allowed.  For  serving  as  road  com- 
missioner,  two  hundred   dollars   per  annum. 

Sec.  177.  In  counties  of  the  twentieth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  b.Y  law  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  two  hun- 
dred and  fifty  dollars  per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  tliousand  two  hundred 
and  fifty  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num.   . 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  four  thousand  two  hundred 
and  fifty  dollars  per  annum. 


County  Government.  185 

8.  The  district  attorney,  two  thousand  two  hun- 
dred and  fifty  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools,  eighteen  hun- 
dred dollars  per  annum,  including  services  on 
board  of  education.  He  shall  be  allowed  his  ac- 
tual traveling  expenses,  not  to  exceed  three  hun- 
dred dollars  per  annum. 

12.  The  surveyor  shall  receive  a  per  diem  of  ten 
dollars  for  all  work  performed  for  the  county, 
and,  in  addition  thereto,  all  necessary  expenses 
and  transportation  on  work  performed  in  the 
field. 

13.  The  justices  of  the  peace,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  that  the 
amount  allowed  by  the  board  of  supervisors  for 
services  in  criminal  actions  or  proceedings  other 
than  felonies,  shall  not  exceed  seventy-five  dol- 
lars for  any  one  quarter. 

15.  Each  supervisor,  six  hundred  dollars  per 
annum,  and  twenty  cents  per  mile  for  traveling 
to  and  from  the  county  seat;  provided,  mileage 
shall  not  be  allowed  more  than  once  a  month. 

16.  In  counties  of  this  class,  the  official  reporter 
shall  receive  a  salary  of  one  hundred  and  fifty 
dollars  per  month,  payable  monthly,  and  in  the 
same  manner  and  at  the  same  time  as  other 
county  officers  are  paid,  which  salary  shall  be  in 
full  compensation  for  all  services,  both  per  diem 
and  transcription,  required  of  him  in  the  superior 
court  and  in  the  justices'  courts  of  the  county  in 
examinations,  and  before  the  coroner  in  homicide 
cases.  It  shall  be  his  duty  to  attend  all 
examinations  in  the  justice's  court,  and  before  the 
coroner  in  homicide  cases  when  not  engaged  in 
the  superior  court.  He  shall  collect  and  monthly 
pay  into  the  county  treasury  ten  dollars  per  day 
for  taking  notes,  and  fifteen  cents  per  folio  for 
transcriptions  in  civil  cases.  He  shall  receive  his 
actual  traveling  expenses  while  attending  jus- 
tice's court  and  before  the  coroner.  This  subdi- 
vision shall  take  effect  immediately. 


ISG  County  GoTernment. 

Sec.  178.  In  counties  of  the  twenty-first  class 
county  otlicers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  two  hun- 
dred dollars  per  annum;  provided,  that  in  years 
when  a  great  register  is  ordered  the  county  clerk 
shall  receive  in  addition  to  his  regular  salary  the 
sum  of  five  hundred  dollars  for  such  service. 

2.  The  sheriff,  forty-three  hundred  dollars  per 
annum,  and  all  commissions,  fees,  and  mileage 
for  the  services  of  papers  of  process  coming  from 
courts  other  than  those  of  his  own  county. 

3.  The  recorder,  twelve  hundred  dollars  per  an- 
num, and  five  cents  per  folio  for  every  instrument 
of  any  character  transcribed  by  him  or  his  depu- 
ties, which  said  amounts  shall  be  paid  out  of  the 
county  treasury,  and  which  payments  shall  be  in 
full  for  all  services,  including  the  recording  of 
mining  claims. 

4.  The  auditor,  tAA^o  thousand  two  hundred  dol- 
lars per  annum. 

5.  T'he  treasurer,  eighteen  hundred  dollars  per 
annum. 

6.  The  tax  collector,  twenty-five  hundred  dol- 
lars per  annum. 

7.  The  assessor,  thirty-eight  hundred  dollars 
per  aimum,  which  shall  be  in  full  for  all  work  in 
his  office,  and  for  his  field  deputies. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  liereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thou- 
sand dollars  per  annum,  including  services  on 
board  of  education.  His  office  shall  be  kept  open 
on  all  business  days  from  two  to  five  p.  m.  He 
shall  be  allowed  his  actual  traveling  expenses 
when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  fifteen  hundred  dollars  per 
annum,  and  his  actual  traveling  expenses  when 
ill  the  Ik  Id.  lie  shall  receive  eight  dollars  per  day 
when  engaged  in  official  work  other  than  county 
business. 

13.  Justices  of  the  peace  shall  receive  the  fol- 


County  Governmeut.  187 

lowing  monthly  salaries,  to  be  paid  each  month, 
as  salaries  of  the  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  In  townships  having  a  popu- 
lation of  eight  thousand  or  more,  seventy-five  dol- 
lars per  month;  in  townships  having  a  population 
of  six  thousand  and  less  than  eight  thousand, 
fifty  dollars  per  month;  in  townships  having  a 
population  of  four  thousand  and  less  than  six 
thousand,  twenty-five  dollars  per  month;  in  town- 
ships having  a  population  of  two  thousand  and 
less  than  four  thousand,  fifteen  dollars  per  month; 
in  townships  having  a  population  of  one  thousand 
and  less  than  two  thousand,  ten  dollars  per 
month;  in  townships  having  a  population  of  less 
than  one  thousand,  five  dollars  per  month.  Each 
justice  must  pay  into  the  county  treasury,  once  a 
month,  all  fines  collected  by  him  in  criminal 
cases,  and  the  auditor  shall  withhold  warrant  for 
salary  until  a  sworn  statement  has  been  filed 
with  him  of  all  criminal  cases  tried  and  fines  col- 
lected and  paid  into  the  county  treasury.  In  ad- 
dition to  the  monthly  salary  allowed  herein,  each 
justice  may  receive  for  his  own  use  in  civil  cases 
the  fees  allowed  by  law.  For  all  services  apper- 
taining to  the  coroner's  office  which  the  coroner 
is  unal3le  to  attend  to,  the  justice  of  the  peace 
shall  receive  the  same  fees  as  are  allowed  the  cor- 
oner in  similar  cases. 

14.  Constables  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  the 
salaries  of  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  popula- 
tion of  eight  thousand  or  more,  seventy-five  dol- 
lars a  month;  in  townships  having  a  population  of 
six  thousand  and  less  than  eight  thousand,  fifty 
dollars  a  month;  in  townships  having  a  popula- 
tion of  four  thousand  and  less  than  six  thousand, 
twenty-five  dollars  a  month;  in  townships  having 
a  population  of  two  thousand  and  less  than  four 
thousand,  fifteen  dollars  a  month;  in  townships 
having  a  population  of  one  thousand  and  less 
than  two  thousand,  ten  dollars  a  month;  in  town- 
ships having  a  population  of  less  than  one  thou- 
sand, five  dollars  a  month;  provided  further,  that 
in  addition  to  the  salary  herein  allowed,  each  con- 


188  Couuty  Government. 

stable  shall  be  paid  out  of  the  treasury  of  the 
county  for  traveling  expenses  outside  of  his  own 
township,  for  service  of  a  warrant  of  arrest  or 
any  other  paper  in  a  criminal  case,  both  going 
and  returning,  ten  cents  per  mile;  for  each  mile 
traveled  out  of  his  county,  both  going  and  return- 
ing from  the  place  of  arrest  or  other  service,  five 
cents  per  mile.  For  transporting  prisoners  to  the 
county  jail,  the  actual  cost  of  such  transportation. 
In  addition  to  the  monthly  salary  allowed  him 
herein,  each  constable  may  receive  for  his  own 
use  in  civil  cases  the  fees  allowed  by  law. 

141A.  The  population  of  the  several  judicial 
townships  shall  be  ascertained  by  the  board  of 
supervisors  by  multiplying  the  vote  of  presiden- 
tial electors  cast  in  each  township  at  the  next  pre- 
ceding general  election  by  five. 

15.  Each  supervisor,  five  hundred  dollars  per 
annum,  and  ten  cents  per  mile  for  traveling  from 
his  residence  to  the  county  seat:  provided,  that 
not  more  than  four  mileages  shall  be  allowed  in 
any  one  month.  When  serving  as  road  commis- 
sioner, such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  tailing  notes  in  civil  and  criminal  cases 
tried  in  said  court,  a  monthly  salary  of  eighty-five 
dollars,  payable  out  of  the  county  treasury  at  the 
same  time  and  in  the  same  manner  as  the  sala- 
ries of  county  officers;  and  for  copies  of  transcrip- 
tions of  said  notes,  when  required,  he  shall  re- 
ceive the  sum  of  five  cents  per  folio  for  the  origi- 
nal, and  five  cents  per  folio  for  each  copy.  Said 
compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  super- 
visors as  .other  claims  against  the  county  and 
paid  out  of  the  county  treasury;  and  in  civil  cases, 
to  be  paid  by  the  party  ordering  the  same,  or 
when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct'. 

All  portions  of  this  section  referring  to  the  sala- 
ries of  recorder,  surveyor,  justices  of  the  peace, 
constables,  court  reporter,  and  mileage  of  super- 
visors, shall  talce  efl;ect  and  be  in  full  force  from 
and  after  the  passage  of  this  act. 

Sec.  179.    In   counties     of     the     twenty-second 


County  Government.  189 

class  the  county  officers  shall  receive,  as  compen- 
sation for  the  services  required  of  them  by  law 
or  by  virtue  of  their  office,  the  following  salaries, 
to  wit: 

1.  The  county  clerk,  two  thousand  five  hundred 
dollars  per  annum;  provided,  that  in  counties  of 
this  class,  there  shall  be  and  is  hereby  allowed  to 
the  county  clerk,  a  courtroom  deputy,  who  shall 
be  appointed  by  the  county  clerk,  and  paid  a 
salary  of  one  hundred  dollars  per  month,  said 
salary  to  be  paid  by  said  county  in  monthly  in- 
stallments, at  the  same  time  and  in  the  same 
manner,  and  out  of  the  same  fund,  as  the  salary 
of  the  county  clerk  is  paid. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  eight  hundred 
dollars  per  annum. 

4.  The  auditor,  one  thousand  five  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  one  thousand  five  hundred 
dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per 
annum. 

7.  The  assessor,  two  thousand  five  hundred  dol- 
lars per  annum;  provided,  that  in  counties  of  this 
class  there  shall  be  and  is  hereby  allowed  to  the 
assessor  one  deputy,  for  a  period  of  four  months 
during  each  fiscal  year,  who  shall  be  appointed  by 
said  assessor,  and  be  paid  a  salary  of  seventy-five 
dollars  per  month,  said  salary  to  be  paid  by  said 
county  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund 
as  the  salary  of  the  assessor  is  paid. 

8.  The  district  attorney,  two  thousand  five 
hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  district  attorney  a  deputy,  who 
shall  be  appointed  by  said  district  attorney,  and 
he  shall  be  paid  the  following  salary,  to  wit:  fifty 
dollars  per  month,  said  salary  to  be  paid  by  said 
county  in  monthly  installments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  district  attorney  is  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 


190  County  Government. 

11.  The  superintendent  of  schools,  one  thou- 
sand eight  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law;  provided,  that  con- 
stables of  townships  containing  five  thousand  in- 
habitants or  more,  shall  be  allowed  as  additional 
compensation  a  salary  of  fifty  dollars  per  month, 
payable  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  other  county  oflBcials  are 
paid. 

15.  Each  supervisor,  six  hundred  dollars  per 
annum,  and  twenty  cents  per  mile  for  traveling 
from  his  residence  to  the  county  seat;  and  as  road 
commissioner,  four  dollars  per  day,  not  to  exceed 
two  hundred  dollars  per  annum  in  the  aggregate. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes  in  civil  and  criminal  cases 
tried  in  said  court,  a  monthly  salary  of  one  hun- 
dred and  twenty-five  dollars,  payable  out  of  the 
county  treasury  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  a  copy;  said 
compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury,  and  in  civil  cases 
to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  .iudge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

Sec.  180.  In  counties  of  the  twenty-third  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  county  clerlj,  three  thousand  dollars  per 
annum,  and  five  lumdred  dollars  additional  per 
annum  for  compiling  great  register  of  the  county 
when  ordered  by  board  of  supervisors. 


County  GoYernment.  191 

2.  The  sheriff,  five  thousand  dollars  per  an- 
num, and  the  fees,  mileage  or  commissions  for  the 
service  of  all  papers  whatever  issued  by  any 
court  outside  of  his  county,  and  all  mileage  for 
service  of  papers  issued  out  of  any  civil  case  in 
his  own  county. 

3.  The  recorder,  two  thousand  dollars  per  an- 
num. 

4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  five  hundred  dollars  per 
annum. 

7.  The  assessor,  thirty-tw^o  hundred  dollars  per 
annum. 

S.  The  district  attorney,  two  thousand  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  in  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

14.  For  the  purpose  of  regulating  the  compensa- 
tion of  constables,  townships  in  this  class  of 
counties  are  hereby  classified  according  to  their 
population,  as  shown  by  the  federal  census  of 
eighteen  hundred  and  ninety,  as  follows: 

Townships  having  a  population  of  five  thousand 
or  more,  shall  belong  to  and  be  known  as  town- 
ships of  the  first  class;  townships  having  a  popu- 
lation of  three  thousand  and  less  than  five  thou- 
sand, shall  belong  to  and  be  known  as  townships 
of  the  second  class;  townships  having  a  popula- 
tion of  one  thousand  and  less  than  three  thou- 
sand, shall  belong  to  and  be  known  as  townships 
of  the  third  class;  and  townships  having  a  popu- 
lation of  less  than  one  thousand,  shall  belong  to 
and  be  known  as  townships  of  the  fourth  class. 

Constables  shall  receive  the  following  salaries, 
which  shall  be  paid  monthly,  in  the  same  manner 
as  salaries  of  county  officers  are  paid,  and  which 


192  County  Government. 

shall  be  in  full  of  all  services  rendered  by  them  in 
criminal  cases,  to  wit:  In  townships  of  the  first 
class,  seventy-five  dollars;  in  townships  of  the  sec- 
ond class,  fifty-five  dollars;  in  townships  of  the 
third  class,  thirty  dollars,  and  in  townships  of  the 
fourth  class,  twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  al- 
lowed, each  constable  may  receive  and  retain  for 
his  own  use  such  fees  as  are  now  or  may  hereaf- 
ter be  allowed  by  law,  for  all  services  rendered 
by  him  in  civil  actions,  and  sliall  also  be  allowed 
all  necessary  expenses  actually  incurred  in  arrest- 
ing and  conveying-  prisoners  to  court  or  to  prison, 
which  said  expenses  shall  be  audited  and  allowed 
by  the  board  of  supervisors,  and  paid  out  of  the 
county  treasury. 

The  provisions  of  this  subdivision  so  far  as  town- 
ships of  the  first  and  second  classes  are  con- 
cerned, shall  take  efi:"ect  and  be  in  force  sixty  days 
from  and  after  the  passage  of  this  act,  and  so 
far  as  townships  of  the  third  and  fourth  classes 
are  concerned,  shall  tal^e  effect  and  be  in  force 
from  and  after  the  first  day  of  January,  eighteen 
hundred  and  ninety-nine. 

15.  Each  supervisor,  five  dollars  per  day  when 
the  board  is  in  session,  and  twenty  cents  per  mile, 
in  going  only,  for  traveling  from  his  residence  to 
the  county  seat;  and  when  serving  as  road  com- 
missioner, five  dollars  per  day  and  actual  travel- 
ing expenses.  But  he  shall  not  in  any  one  year 
receive  more  than  three  hundred  dollars  as  su- 
pervisor, exclusive  of  mileage,  or  more  than  two 
hundred  dollars  as  road  commissioner,  exclusive 
of  actual  traveling  expenses. 

Sec.  181.  In  counties  of  the  twenty-fourth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  three  thousand  dollars  per 
annum,  and  when  a  new  great  register  of  voters 
is  ordered,  he  shall  receive  five  hundred  dollars 
additional.  Avhich  shall  be  in  full  for  all  services 
required  in  registering  voters  and  making  the 
great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dol- 
lars per  annum. 


County  Government.  193 

3.  The  recorder,  two  thousand  five  hundred  dol- 
lars per  annum. 

4.  The  auditor,  one  thousand  two  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  twelve  hundred  dollars 
per  annum. 

7.  The  assessor,  three  thousand  dollars  per  an- 
num. 

8.  The  district  attorney,  twenty-three  hundred 
dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thou- 
sand six  hundred  dollars  per  annum,  and  actual 
traveling-  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  county  surveyor  shall  receive  as  com- 
pensation eight  dollars  per  day  for  all  personal 
worli  performed  for  the  county,  and  in  addition 
thereto  all  necessary  expenses  and  transportation 
on  work  performed  in  the  field. 

13.  Justices  of  the  peace,  the  following 
monthly  salaries,  to  be  paid  each  month  as  the 
county  officers  are  paid,  which  shall  be  in  full  for 
all  services  rendered  by  them  in  criminal  cases: 
In  townships  having  a  population  of  two  thou- 
sand five  hundred  and  more,  sixty-five  dollars; 
in  townships  having  a  population  of  one  thousand 
five  hundred  and  less  than  two  thousand  five  hun- 
dred, forty  dollars;  in  townships  having  a  popu- 
lation of  one  thousand  and  less  than  one  thou- 
sand five  hundred,  twenty-five  dollars;  in  town- 
ships having  a  population  of  less  than  one  thou- 
sand, ten  dollars.  Each  justice  must  pay  into  the 
county  treasury,  once  a  month,  all  fines  collected 
by  him.  In  addition  to  the  monthly  salary  al- 
lowed herein,  each  justice  may  receive  for  his 
own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  performed  by  him 
in  civil  actions.  In  all  townships  having  a  popu- 
lation of  less  than  two  thousand  five  hundred,  If 
there  be  more  than  one  justice,  the  compensation 
allowed  herein  shall  be  equally  divided  between 

Gen.  Laws— 17. 


194  County  Government. 

them  so  that  the  sum  total  of  their  monthly  com- 
pensation shall  not  exceed  the  salary  allowed 
herein  for  a  single  .iustice  in  such  township. 

14.  Constables,  the  following  salaries,  which 
shall  be  paid  monthly,  as  salaries  of  county  offi- 
cers are  paid,  and  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases,  to 
wit:  In  townships  having  a  population  of  two 
thousand  five  hundred  or  more,  seventy  dollars; 
in  townships  having  a  population  of  one  thou- 
sand five  hundred  and  less  than  two  thousand 
five  hundred,  forty-five  dollars;  in  townships  hav- 
ing a  population  of  one  thousand  and  less  than 
one  thousand  five  hundred,  thirty  dollars;  in 
townships  having  a  populatiou  of  less  than  one 
thousand,  fifteen  dollars.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable 
may  receive  and  retain  for  his  own  use  such  fees 
as  are  now  or  hereafter  may  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  actions. 
In  all  townships  having  a  population  of  less  than 
two  thousand  five  hundred,  if  there  be  more  than 
one  constable,  the  compensation  herein  allowed 
shall  be  equally  divided  between  them,  so  that 
the  sum  total  of  their  monthly  compensation  shall 
not  exceed  the  salary  allowed  herein  for  a  single 
constable  in  such  township. 

14:Vo.  The  supervisors  of  counties  of  this  class 
shall,  during  each  and  every  year,  ascertain  and 
determine  the  population  of  the  several  townships 
of  the  county  for  the  purpose  of  ascertaining  the 
compensation  of  township  officers  regulated  by 
this  act,  in  proportion  to  their  duties. 

15.  Each  supervisor,  five  hundred  dollars  per 
annum  and  thirty  cents  per  mile  for  traveling 
from  his  residence  to  the  county  seat. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  when  requested  by 
the  district  attorney  in  preliminary  examinations 
and  inquests,  a  monthly  salary  of  one  hundred 
dollars,  payable  out  of  the  county  treasury  at  the 
same  time  and  in  the  same  manner  as  the  salaries 
of  county  officers;  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original  and  five  cents 


County  Government.  195 

per  folio  for  a  copy;  said  compensation  for  tran- 
scription in  criminal  cases,  preliminary  examina- 
tions, and  inquests,  to  be  audited  and  allowed  by 
the  board  of  supervisors  as  other  claims  against 
the  county,  and  paid  out  of  the  county  treasury, 
and  in  civil  cases  to  be  paid  by  the  party  order- 
ing the  same,  or,  when  ordered  by  the  judge  by 
either  party,  or  jointly  by  both  parties,  as  the 
court  may  direct. 

Sec.  182.  In  counties  of  the  twenty-fifth  class, 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  five  thousand  dollars  per 
annum. 

2.  The  sheriff,  seven  thousand  dollars  per  an- 
num. He  may  retain  for  his  own  use  the  mileage 
and  fees  for  the  service  of  papers  or  process  is- 
sued by  any  court  of  this  state  outside  of  his  own 
county. 

3.  The  recorder,  sixteen  hundred  dollars  per 
annum  and  seven  cents  for  each  folio  recorded. 

4.  The  auditor,  two  thousand  dollars  per  an- 
num. 

5.  The  treasurer,  two  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  three  thousand  dollars  per 
annum. 

7.  The  assessor,  five  thousand  dollars  per  an- 
num. 

8.  The  district  attorney,  four  thousand  dollars 
per  annum;  provided,  that  he  shall  be  disquali- 
fied from  engaging  in  any  cause  or  action  to 
which  the  county  or  state  is  not  a  party. 

9.  The  coron^er,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  sucn  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen 
hundred  dollars  per  annum,  which  shall  include 
his  services  as  member  of  the  board  of  education. 

12.  The  surveyor  shall  receive  twelve  hundred 
dollars  per  annum  and  traveling  and  oflacial  ex- 
penses in  the  county. 

18.  In  counties  of  this  class  the  township  ofli- 
cers  shall  receive  the  following  compensations,  to 


196  County  Government. 

wit:  In  townships  having  a  population  of  four 
thousand,  .iustices  of  the  peace  shall  receive  a 
monthly  salary  of  one  hundred  and  twenty-five 
dollars,  and  constables  a  monthly  salary  of  one 
hundred  and  twenty-five  dollars;  the  above-named 
salaries  shall  be  in  full  compensation  for  all  ser- 
vices of  said  justices  of  the  peace  in  both  civil  and 
criminal  cases,  and  all  fees  allowed  by  law  for 
the  services  of  such  officers  in  civil  cases  shall 
be  paid  into  the  county  treasury  as  the  fees  of 
county  oflicers  are  paid  in,  but  constables  may  re- 
tain for  their  own  use  the  fees  allowed  by  law  in 
civil  cases.  In  townships  having  a  population  of 
nine  hundred  and  less  than  four  thousand,  each 
justice  of  the  peace  and  each  constable  shall  re- 
ceive such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law,  not  exceeding  in  any  one  month 
the  sum  of  one  hundred  dollars  in  criminal  cases. 
In  townships  containing  a  population  of  less  than 
nine  hundred,  each  justice  of  the  peace  and  each 
constable  shall  receive  the  fees  that  are  now  or 
may  hereafter  be  allowed  by  law%  not  exceeding 
in  any  one  month  the  sum  of  forty  dollars  in 
criminal  cases.  The  supervisors  of  counties  of 
this  class  shall  ascertain  and  determine,  on  or 
before  the  first  day  of  June,  eighteen  hundred  and 
ninety-seven,  the  population  of  the  several  town- 
ships in  the  county. 

14.  Each  supervisor,  six  dollars  per  day  while 
in  the  service  of  the  county,  and  thirty  cents  per 
mile  for  traveling  from  his  residence  to  the 
county  seat. 

Sec.  183.  In  counties  of  the  twenty-sixth  Qlass 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  thirty-two  hundred  and 
fifty  dollars  ])er  annum. 

2.  The  sheriff,  five  thousand  dollars  per  annum, 
and  such  mileage  as  is  now  allowed  by  law;  also, 
for  expenses  in  all  criminal  cases  and  all  fees  for 
service  of  papers  in  actions  arising  outside  of  his 
county. 

3.  The  recorder,  thirty-two  hundred  and  fifty 
dollars  per  annum. 

4.  The  auditor,  eighteen  hundred  dollars  per 
annum. 


County  Government.  197 

5.  The  treasurer,  eighteen  hundred  dollars  pet 
annum. 

6.  The  tax  collector,  eighteen  hundred  dollars 
per  annum. 

7.  The  assessor,  thirty-two  hundred  and  fifty 
dollars  per  annum. 

8.  The  district  attorney,  twenty-five  hundred 
dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law\ 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen 
hundred  dollars  per  annum,  and  actual  traveling 
expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables  of  townships  numbers  one,  two, 
eight  and  ten,  forty  dollars  per  month,  their  ac- 
tual traveling  expenses,  half  the  fees  in  criminal 
eases  and  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  in  civil  cases. 

Constables  of  townships  number  five,  twenty- 
five  dollars  per  month,  their  actual  traveling  ex- 
penses, half  the  fees  in  criminal  cases,  and  such 
fees  as  are  now^  or  may  hereafter  be  allowed  by 
law  in  civil  cases. 

Constables  of  townships  numbers  three,  four,six 
and  nine,  twenty  dollars  per  month,  their  actual 
traveling  expenses,  half  the  fees  in  criminal  cases, 
and  such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law  in  civil  cases. 

Constables  of  township  number  seven,  ten  dol- 
lars per  month,  their  actual  traveling  expenses, 
half  the  fees  in  criminal  cases,  and  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law  in 
civil  cases:  provided,  however,  that  no  constable 
shall  be  allowed  in  any  one  month,  out  of  the 
county  treasury,  more  than  fifty  dollars  in  misde- 
meanor cases. 

15.  Each  member  of  the  board  of  supervisors, 
three  hundred  dollars  per  annum;  and  as  road 
commissioner,  three  hundred  dollars  per  annum. 

16.  The  compensation  herein  provided  for  con- 
stables shall  take  effect  immediately  and  affect 
incumbents. 


198  County  Goverument. 

Sec.  184.  In  counties  of  the  twenty-seventh 
class  the  county  otticers  shall  receive,  as  compen- 
sation for  services  required  of  them  by  law  or 
by  virtue  of  their  ottices,  the  following*  salaries 
and  fees,  to  wit: 

1.  The  county  clerk,  thirteen  hundred  dollars 
per  annum;  provided,  tliat  in  counties  of  this 
class  there  shall  be  two  deputy  county  clerks,  who 
shall  be  appointed  by  the  county  clerk.  The  sal- 
ary of  one  of  said  deputy  county  clerks  shall  be 
seven  hundred  and  twenty  dollars  per  annum,  and 
the  salary  of  the  other  of  said  deputy  county 
clerks  shall  be  five  hundred  and  forty  dollars  per 
annum;  said  salaries  of  said  deputy  county  clerks 
to  be  payable  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary 
of  the  county  clerk. 

2.  The  sheriff,  three  thousand  nine  hundred 
dollars  per  annum. 

3.  The  recorder,  twenty-five  hundred  dollars 
per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  twelve  hundred  dollars  per 
annum. 

6.  The  tax  collector,  fifteen  hundred  dollars  per 
annum;  provided,  that  when  the  duties  of  the 
voffice  of  treasurer  and  tax  collector  are  consoli- 
dated, as  provided  in  section  fifty-five  of  this  act, 
that  the  full  compensation  of  said  office  of  treas- 
urer and  tax  collector  for  such  consolidated  duties 
shall  be  twenty-five  hundred  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there 
shall  bo  five  field  deputy  assessors,  who  shall  be 
appointed  by  the  assessors  of  said  county,  and 
who  shall  hold  office  from  twelve  o'clock  meri- 
dian of  the  first  Monday  of  March  of  each  year, 
up  to  twelve  o'clock  meridian  of  the  first  Mon- 
day in  July  of  each  year.  The  salary  of  each  of 
said  five  deputy  assessors  herein  provided  for,  is 
hereby  fixed  at  the  sum  of  one  hundred  dollars 
per  month,  to  include  horse  hire  and  traveling  ex- 
penses for  ench  month  durinjr  which  they  hold 
office  as  herein  provided,  which  said  salary  shall 
be  paid  by  said  county  at  the  same  time  and  in 
tlie  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  assessor. 


County  Government.  199 

8.  The  district  attorney,  fifteen  hundred  dollars 
per  annum.  No  assistant  district  attorney  shall 
be  appointed  in  counties  of  the  twenty-seventh 
class. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  the  county. 

12.  The  surveyor,"^  eight  dollars  per  day  while 
actually  employed  by  the  county. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

15.  Supervisors,  four  hundred  dollars  each  per 
annum,  and  mileage  at  the  rate  of  ten  cents  per 
mile  in  going  to  and  coming  from  the  place  of 
meeting  of  the  board;  provided,  that  not  more 
than  four  mileages  in  any  one  month  shall  be  al- 
lowed. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes,  when  his  services  are  de- 
manded, in  civil  cases,  and  in  all  criminal  cases 
and  matters  ti*ied  or  heard  in  said  court,  and 
when  requested  by  the  district  attorney,  for  pre- 
liminary examinations  in  justice's  court,  and  in- 

'  quests,  a  monthly  salary  of  fifty  dollars,  payable 
out  of  the  county  treasury  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  county  offi- 
cers, and  for  transcription  of  said  notes  when  re- 
quired, he  shall  receive  not  to  exceed  the  sum  of 
ten  cents  per  folio  for  the  original,  and  not  to  ex- 
ceed five  cents  per  folio  for  a  copy;  said  compen- 
sation for  transcription  in  criminal  cases  to  be 
audited  and  allowed  by  the  board  of  supervisors 
as  other  claims  against  the  county,  and  paid  out 
of  the  county  treasury,  and  in  civil  cases,  to  be 
paid  by  the  party  ordering  the  same,  or,  when  or- 
dered by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  as  the  court  may  direct. 

It  is  further  provided  that  in  each  civil  ease  re- 
ported by  the  official  reporter  there  shall  be  taxed 
as  costs  in  the  case  seven  dollars  and  fifty  cents 


200  Couuty  Government. 

per  diem  for  each  day  of  the  trial  thereof.  Such 
per  diem  fee  shall  be  paid  to  the  clerlv  of  the  court 
in  advance  by  the  party  requesting  the  service  of 
the  reporter,  and  where  his  services  are  requested 
by  more  than  one  party,  then  such  fees  shall  be 
paid  in  equal  proportions  by  each  of  said  parties. 
All  per  diem  fees  so  collected  shall  be  paid  by 
said  clerli  into  the  treasury  of  the  county  in 
which  the  case  is  tried. 

Sec.  185.  In  counties  of  the  twenty-eighth  class 
the  county  otficers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  couuty  clerk,  twenty-four  hundred  dol- 
lars per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  eighteen  hundred  dollars  per 
annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  twenty-four  hundred  dollars 
per  annum. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hun- 
dred dollars  per  annum,  and  his  reasonable  trav- 
eling expenses  incurred  in  visiting  schools  of  the 
county,  to  be  fixed  and  allowed  by  the  board  of 
supervisors,  not  to  exceed  the  sum  of  five  hun- 
dred dollars  per  annum:  provided,  he  shall  de- 
vote his  entire  time  to  the  duties  of  said  office. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  alloAved  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
five  hundred  dollars  per  annum,  and  mileage  at 


County  Government.  201 

the  rate  of  twenty  cents  per  mile  from  his  home 
to  and  from  the  county  seat. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes  in  civil  and  criminal  cases 
tried  in  said  court,  and  for  preliminary  examina- 
tions in  justices'  courts,  a  monthly  salary  of 
seventy-five  dollars,  payable  out  of  the  county 
treasury,  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  a  copy;  said 
compensation  for  a  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and  paid 
out  of  the  county  treasury,  and  in  civil  cases, 
to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  .judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

Sec.  186.  In  counties  of  the  twenty-ninth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  county  clerk,  eighteen  hundred  dollars 
per  annum, 

2.  The  sheriff  fifty-one  hundred  (5,100)  dollars 
per  annum,  which  includes  the  fifteen  hundred 
dollars  heretofore  allowed  the  under  sheriff.  He 
shall  also  have  for  his  own  use  all  fees  for  ser- 
vice of  all  papers  served  by  him  and  issued  with- 
out his  county.  The  said  fifty-one  hundred  dol- 
lars to  be  in  full  of  all  fees  or  percentages  as  li- 
cense collector. 

3.  The  recorder,  twenty-eight  hundred  dollars 
per  annum,  in  full  of  all  services,  including  filing 
or  recording  mining  location  notices. 

4.  The  auditor,  twelve  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  eighteen  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  twelve  hundred  dollars  per  an- 
num, and  he  is  hereby  allowed  in  addition  thereto 
five  deputies,  to  be  appointed  by  him,  who  shall 


202  County  Government. 

each  receive  five  dollars  per  day  for  not  exceeding 
three  months  in  any  calendar  year,  while  engaged 
in  the  performance  of  their  duties. 

8.  The  district  attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed' by  law. 

11.  The  superintendent  of  schools,  eighteen 
hundred  dollars  per  annum,  and  necessary  ex- 
penses for  traveling  in  visiting  schools  in  the 
county,  to  be  allowed  by  the  supervisors  of  the 
county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law;  provided,  he  shall 
be  given  all  work  for  the  county  in  which  the 
county  employs  a  surveyor  or  civil  engineer;  and 
provided  further,  that  it  shall  be  the  duty  of  the 
board  of  supervisors  of  counties  of  this  class  to 
so  employ  him. 

13.  In  counties  of  this  class  .iustices  of  the 
peace  may,  for  their  own  use,  collect  the  follow- 
ing fees,  and  no  other: 

Each  justice  of  the  peace  shall  be  allowed,  in  a 
civil  action  before  him.  for  all  services  to  be  per- 
formed by  him  before  trial,  three  dollars:  and  for 
the  trial,  and  all  proceedings  subsequent  thereto, 
including  all  affidavits,  swearing  witnesses  and 
jury,  and  the  entry  of  .ii^dgment  and  issue  of  exe- 
cution thereon,  four  dollars:  and  fifteen  cents  for 
each  hour  actually  engaged  in  such  trial  after  the 
expiration  of  eight  hours;  and  in  all  easos:  where 
judgment  is  rendered  by  default  or  confession, 
for  all  services,  including  execution  and  satisfac- 
tion of  judgment,  three  dollars. 

For  all  services  in  a  criminal  action  or  proceed- 
ing whether  on  examination  or  trial,  four  dollars. 

For  taking  bail  after  commitment  by  another 
magistrate,  fifty  cents. 

For  certificate  and  transmitting  transcript  and 
papers  on  appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ton 
cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the 
party  demanding  the  same,  fifty  cents. 

For  celebrating  a  marriage  and  returning  a  cer- 


County  Government.  203 

tificate  thereof  to  the  county  recorder,  three  dol- 
lars. 

For  taking  an  acknowledgment  of  any  instru- 
ment, for  the  first  name,  fifty  cents;  for  each  ad- 
ditional name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  administering  an  oath  and  certifying  the 
same,  twenty-five  cents. 

For  issuing  a  commission  to  take  testimony, 
fifty  cents. 

For  all  services  connected  with  the  posting  of 
estrays,  one  dollar. 

In  cases  before  the  justice  of  the  peace,  when 
the  venue  shall  be  changed,  the  justice  before 
whom  the  action  shall  be  brought,  'for  all  services 
rendered,  including  the  making  up  and  transmis- 
sion of  the  transcript  and  papers,  shall  receive 
three  dollars;  and  the  justice  before  whom  the 
trial  shall  take  place  shall  receive  the  same  fees 
as  if  the  action  had  been  commenced  before  him. 

For  performing  the  duties  of  coroner,  when  the 
coroner  fails  to  act,  the  same  fees  and  mileage  as 
are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ,  order  or  paper  re- 
quired by  law  to  be  issued,  not  otherwise  pro- 
vided for,  twenty-five  cents. 

For  administering  oath  or  affirmation  not  other- 
wise herein  provided  for,  twenty-five  cents. 

For  each  certificate  or  affidavit  not  otherwise 
herein  provided  for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking, 
including  the  justification  of  sureties,  fifty  cents. 

14.  In  counties  of  this  class,  constables  shall  re- 
ceive: 

For  serving  summons  and  complaint,  for  each 
defendant  served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when 
made  by  him,  twenty-five  cents. 

For  levying  writ  of  attachment  or  execution  or 
executing  order  of  arrest  or  for  the  delivery  of 
personal  property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on 
any  ship,  boat,  or  vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the 
court  may  order;  but  no  more  than  two  dollars 
per  day  shall  be  allowed  for  a  keeper  when  nec- 
essarily employed. 

For  taking  bond  or  undertaking,  fifty  cents. 


204  County  Government. 

For  copies  of  writ  and  other  papers,  except  sum- 
mons, complaint  and  subpoenas,  per  folio,  ten 
cents;  provided,  that  when  correct  copies  are  fur- 
nished him  for  use,  no  charge  shall  be  made  for 
such  copies. 

For  serving  any  writ,  notice,  or  order,  except 
summons,  complaint  or  subpoenas,  for  each  per- 
son served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of 
property,   fifty  cents. 

For  furnishing  notice  for  publication,  twenty- 
five  cents. 

For  serving  subpoenas,  each  witness,  including 
copy,  twenty-fiv;e  cents. 

For  collecting  money  on  execution,  one  and  one 
half  per  cent. 

For  executing  and  delivering  certificate  of  sale, 
fifty  cents. 

For  executing  and  delivering  constable's  deed, 
one  dollar  and  "fifty  cents. 

P'or  each  mile  actually  traveled  within  his  town- 
ship in  the  service  of  any  writ,  order  or  paper,  ex- 
cept a  warrant  of  arrest,  in  going  only,  per  mile, 
twenty-five  cents. 

For  traveling  outside  of  his  township  to  serve 
such  writ,  order  or  paper,  in  going  only,  twenty- 
five  cents;  provided,  that  a  constable  shall  not  be 
required  to  travel  outside  of  his  township  to  serve 
any  civil  ])rocess,  order  or  paper.  No  constructive 
mileage  allowed. 

For  conveying  prisoners  to  county  jail,  travel- 
ing expenses. 

For  each  mile  necessarily  traveled  within  his 
county,  in  executing  a  warrant  of  arrest,  both  in 
going  and  returning  from  place  of  arrest,  fifteen 
cents. 

For  each  mile  traveled  out  of  his  county,  both 
going  and  returning  from  place  of  arrest,  ten 
cents. 

For  each  day's  attendance  in  court  in  civil  and 
criminal  cases,  three  dollars  per  day. 

For  executing  a  search  warrant,  such  fees  and 
mileage  as  may  be  allowed  for  executing  warrant 
of  arrest. 

For  arresting  prisoner  and  bringing  him  into 
court,  two  dollars. 

For  summoning  a  jury,  two  dollars.  Including 
mileage. 


County  Government.  205 

For  transporting  prisoners  to  the  county  jail, 
the  actual  cost  of  such  transportation. 

For  commissions  for  receiving  and  paying  over 
money  on  execution  without  levy,  or  when  the 
goods  or  land  levied  on  shall  not  be  sold,  one  per 
cent.  The  fees  herein  allowed  for  the  levy  of  an 
execution,  and  for  making  or  collecting  the  money 
on  execution,  shall  be  collected  from  the  judg- 
ment debtor,  by  virtue  of  such  execution,  in  the 
same  manner  as  the  sum  herein  directed  to  be 
paid. 

County  officers  must,  and  township  officers  may, 
demand  the  payment  of  all  fees  in  civil  cases  in 
advance. 

In  counties  of  this  class  justices  of  the  peace 
and  constables  shall  be  entitled  to  collect  and  re- 
ceive the  fees  provided  in  this  section,  from  and 
after  the  passage  of  this  act. 

15.  Each  member  of  the  board  of  supervisors, 
five  hundred  dollars  per  annum  and  ten  cents  per 
mile  in  going  from  residence  to  the  county  seat. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taliing  notes  in  civil  and  criminal  cases 
tried  in  said  court,  and  for  preliminary  examina- 
tions in  justices'  courts,  a  monthly  salary  of 
seventy-five  dollars,  payable  out  of  the  county 
treasury,  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  a  copy;  said 
compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury,  and  in  civil  cases, 
to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

Sec.  187.  In  counties  of  the  thirtieth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  seven  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  an- 
num.   Also,  the  following  fees,  to  be  audited  and 

Gen.  Laws— IS. 


206  County  Governmeni. 

paid  as  other  county  charges:  For  serving  war- 
rant of  arrest,  two  dollars;  for  every  mile  neces- 
sarily traveled  in  executing  any  warrant  of  ar- 
rest, twenty-five  cents  per  mile;  for  talking  prison- 
ers to  magistrate  or  to  jail,  the  actual  cost  of 
transportation. 

3.  The  recorder,  two  thousand  five  hundred  dol- 
lars per  annum. 

4.  The  auditor,  one  thousand  five  hundred  dol- 
lars per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dol- 
lars per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per 
annum. 

7.  The  assessor,  three  thousand  two  hundred 
dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight 
hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law, 

11.  The  superintendent  of  schools,  one  thou- 
sand five  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of  his 
county;  provided,  that  such  traveling  expenses 
shall  be  allowed  and  paid  as  other  county  charges, 
and  shall  not  exceed  ten  dollars  per  district  for 
the  districts  actually  visited  in  any  calendar  year. 

12.  The  county  surveyor  shall  receive  one  thou- 
sand eight  hundred  dollars  per  annum,  and  the 
necessary  cost  of  transportation  to  and  from,  and 
necessary  expenses  while  in  the  field  when  en- 
gaged on  public  worli. 

13.  Justices  of  the  peace,  fees  as  follows:  In 
a  civil  action  before  him,  for  all  services  to  be 
performed  by  him  before  trial,  two  dollars;  and 
for  the  trial  and  all  proceedings  subsequent 
thereto,  including  all  affidavits,  swearing  wit- 
nesses and  jury,  and  the  entry  of  judgment  and 
issue  of  execution  thereon,  three  dollars;  and 
twenty-five  cents  for  each  hour  after  the  first  six 
hours  actually  engaged  in  such  trial;  and  in  all 
cases  where  judgment  is  rendered  by  default  or 
confession,  for  all  services,  including  execution 
and  satisfaction  of  judgment,  two  dollars. 

For  copies  of  papers  on  docket,  per  folio,  fifteen 
cents. 


County  Government.  207 

For  issuing  a  search  warrant,  to  be  paid  by  the 
party  demanding  the  same,  fifty  cents. 

For  certificate,  and  transmitting  transcript  and 
papers  on  appeal,  two  dollars. 

For  celebrating  a  marriage  and  returning  a  cer- 
tificate thereof  to  the  county  recorder,  three  dol- 
lars. 

For  taking  an  acknowledgment  of  any  instru- 
ment, for  the  first  name,  fifty  cents;  for  each  ad- 
ditional name,  twenty-five  cents. 

For  issuing  a  commission  to  take  testimony, 
fifty  cents. 

For  all  services  in  a  criminal  action  or  proceed- 
ing, whether  on  examination  or  trial,  three  dol- 
lars; and  twenty-five  cents  for  each  hour  after  the 
first  six  hours  actually  engaged  in  the  trial  or 
hearing  of  such  action  or  proceeding. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  administering  an  oath  and  certifying  the 
same,  twenty-five  cents. 

For  taking  bail  after  commitment  by  another 
magistrate,  fifty  cents. 

For  all  service  connected  with  the  posting  of 
estrays,  one  dollar. 

In  cases  before  the  justice  of  the  peace,  when 
the  venue  shall  be  changed,  the  justice  before 
whom  the  action  shall  be  brought,  for  all  service 
rendered,  including  the  making  up  and  transmis- 
sion of  the  transcript  and  papers,  shall  receive 
one  dollar;  and  the  justice  before  whom  the  trial 
shall  take  place  shall  receive  the  same  fee  as  if 
the  action  had  been  commenced  before  him. 

For  performing  the  duties  of  coroner,  when  the 
coroner  fails  to  act,  the  same  fees  and  mileage 
as  are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ  or  order,  or  paper 
required  by  law  to  be  issued  not  otherwise  herein 
provided  for,  twenty-five  cents. 

For  administering  oath  or  affirmation  not  other- 
wise herein  provided  for,  twenty-five  cents. 

For  each  certificate  or  affiklavit  not  otherwise 
herein  provided  for.  twenty-five  cents. 

For  taking  and  approving  bonds  or  undertak- 
ing, included  the  justification  of  sureties,  fifty 
cents;  provided,  that  no  justice  of  the  peace,  in 
counties  of  this  class,  shall  receive,  in  any  one 
month,  more  than  seventy-five  dollars  in  misde- 


208  County  Government. 

meanor  criminal  cases;  provided  further,  that 
each  justice  of  the  peace  shall  file  with  the  county- 
auditor  on  or  before  the  first  Monday  in  each 
month  a  statement  of  all  fines  collected  by  him 
the  preceding  month,  and  shall  pay  into  the 
county  treasury  the  amount  due  the  county  on  ac- 
count of  such  fines.  No  claim  of  a  justice  of  the 
peace  shall  be  allowed  by  the  board  of  super- 
visors for  any  month  until  such  statement  and 
payment  are  made. 

14.  Constables,  fees  as  follows:  For  serving 
summons  and  complaint,  for  each  defendant 
served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when 
made  by  him,  twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or 
executing  order  of  arrest,  or  for  the  delivery  of 
personal  property,  one  dollar  and  fifty  cents. 

For  serving  writ  of  attachment  or  execution  on 
any  ship,  boat,  or  vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the 
court  may  order;  but  no  more  than  two  dollars  per 
day  shall  be  allowed  for  a  keeper,  when  necessa- 
rily employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writs  or  other  papers,  except  sum- 
mons, complaint,  and  subpoenas,  per  folio,  fifteen 
cents;  provided,  that  when  correct  copies  are  fur- 
nished him  for  use,  five  cents  per  folio  may  be 
charged  by  him. 

For  serving  any  writ,  notice,  or  order,  except 
summons,  complaint,  or  subpoenas,  for  each  per- 
son served,  fifty  cents. 

For  advertising  property  for  sale  on  execution, 
or  under  any  judgment  or  order  of  sale,  exclusive 
of  the  cost  of  publication,  one  dollar. 

For  serving  subpoenas,  each  witness,  including 
copy,   twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one- 
half  per  cent. 

For  executing  and  delivering  certificate  of  sale, 
fifty  cents. 

For  executing  and  delivering  Constable's  deed, 
two  dollars. 

For  each  mile  actually  and  necessarily  traveled 
within  his  township  in  the  service  of  any  writ, 
order,  or  paper,  except  a  warrant  of  arrest,   In 


County  Government.  209 

going  only,  twenty  cents  per  mile.  No  construc- 
tive mileage  allowed. 

For  each  mile  necessarily  traveled  within  his 
county  in  executing  a  warrant  of  arrest,  both  in 
going  and  returning  from  place  of  arrest,  fifteen 
cents,  provided  that  in  traveling  in  the  per- 
formance of  two  or  more  official  services  at  the 
same  time,  including  the  service  of  civil  process 
or  criminal  warrants,  or  transportation  of  persons 
charged  or  convicted  of  a  criminal  offense,  but 
one  mileage  shall  be  charged. 

For  each  mile  necessarily  traveled  outside  his 
county,  in  executing  a  warrant  of  arrest,  both 
in  going  and  returning  from  place  of  arrest,  ten 
cents;  provided,  that  for  traveling  in  the  perform- 
ance of  two  or  more  official  service  at  tlie  same 
time,  including  the  service  of  civil  process  or 
criminal  warrants,  or  transportation  of  persons 
charged  or  convicted  of  a  criminal  offense,  but 
one  mileage  shall  be  charged. 

For  executing  a  search  warrant,  such  fees  and 
mileage  as  may  be  allowed  for  executing  warrant 
of  arrest. 

For  arresting  prisoner,  except  on  a  charge  of  va- 
grancy, and  bringing  him  into  court,  two  dollars. 

For  arresting  a  person  on  a  charge  of  vagrancy, 
and  bringing  him  into  court,  twenty-five  cents. 

For  summoning  a  jury,  two  dollars,  including 
mileage. 

For  transporting  prisoners  to  the  county  .iall, 
the  actual  cost  of  transporting  such  prisoners, 
and  mileage  at  fifteen  cents  per  mile  in  going 
only;  provided,  that  in  traveling  to  the  county 
jail  with  two  or  more  prisoners,  but  one  mileage 
shall  be  charged. 

For  making  sales  of  estrays  in  civil  cases,  the 
same  fees  as  for  sales  on  execution. 

For  commissions  for  receiving  and  paying  over 
money  on  execution  or  other  process  when  lands 
or  personal  property  have  been  levied  on  and 
sold,  on  the  first  thousand  dollars,  one  and  one- 
half  per  cent.  On  all  sums  above  that  amount, 
one  per  cent. 

For  commissions  for  receiving  and  paying  over 
money  on  execution  without  levy,  or  when  the 
goods  or  land  levied  on  shall  not  be  sold,  one  per 
cent.     The  fees  herein  allowed  for  the  levy  of  an 


210  County  Government, 

execution,  and  for  advertising,  and  for  making  or 
collecting  the  money  on  execution,  shall  be  col- 
lected from  the  .iudgment  debtor,  by  virtue  of 
such  execution,  in  the  same  manner  as  the  sum 
therein  directed  to  be  made. 

For  serving  writ  of  possession  or  restitution, 
putting  a  person  in  possession  of  the  premises, 
and  removing  the  occupants,  three  dollars. 

For  attending  court,  twenty-five  cents  for  each 
hour  in  excess  of  ten  hours  'actually  engaged  in 
attending  the  trial  of  the  case  or  upon  the  ex- 
amination of  a  criminal  charge  before  a  magis- 
trate. 

Provided,  that  in  counties  of  this  class  no  con- 
stable shall  receive,  in  any  one  month,  more  than 
one  hundred  dollars  for  all  services  in  misde- 
meanor criminal  cases. 

15.  Each  Supervisor,  six  dollars  per  day  when 
the  board  is  in  session,  and  twenty  cents  per  mile 
for  traveling  from  his  residence  to  the  county 
seat.  For  services  as  road  commissioner,  four 
dollars  per  day,  not  to  exceed  one  hundred  and 
fifty  dollars  per  annum. 

l(j.  In  counties  of  this  class  the  official  reporter 
of  the  Superior  Court  shall  receive,  as  full  com- 
pensation for  tailing  notes  in  all  civil  and  criminal 
causes  and  proceedings  in  said  county,  and  for  tak- 
ing notes  of  the  proceedings  and  testimony  at  all 
Coroner's  inquests  in  the  county  and  for  taking 
notes  of  the  testimony  and  proceedings  in  all  ex- 
aminations before  committing  magistrates,  and 
for  taking  notes  of  the  testimony  and  proceedings 
of  cases  and  commissions  for  the  examination  of 
persons  charged  with  being  of  unsound  mind,  a 
monthly  salary  of  one  hundred  dollars,  payable 
out  of  the  county  treasury  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  county  offi- 
cers; and  for  the  transcription  of  said  notes,  when 
the  transcription  thereof  is  required,  by  law,  or 
by  order  of  the  court,  or  by  demand  of  any  par- 
ty to  the  suit  or  proceeding,  he  shall  receive  the 
sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy;  said  compensation 
for  transcription  in  all  criminal  cases  and  Coro- 
ner's inquests  and  examinations  of  persons  charg- 
ed witli  being  of  unsound  mind  to  be  audited  and 
allowed   by  the   Board   of  Supervisors,   as   other 


County  Government.  211 

claims  against  the  county,  and  in  civil  cases  and 
proceedings  to  be  paid  by  the  party  ordering  the 
same,  or,  when  ordered  by  the  judge,  by  either 
party,  or  jointly  by  both  parties,  when  and  in 
such  proportions  as  the  court  may  direct.  When 
necessary  for  such  reporter  to  travel  away  from 
the  county  seat  in  the  performance  of  his  duty, 
he  shall  receive  his  actual  and  necessary  traveling 
expenses,  to  be  allowed  and  paid  by  the  Board  of 
Supervisors  as  are  other  county  charges. 

Sec.  188.  In  counties  of  the  thirty-first  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  vir- 
tue of  their  office,  the  following  salaries,  to  wit: 

1.  The  County  Clerli,  one  thousand  five  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  three  thousand  five  hundred  dol- 
lars per  annum,  and  a  jailer  at  fifty  dollars  per 
month,  to  be  paid  out  of  the  county  treasury. 

3.  The  Recorder,  one  thousand  five  hundred 
dollars  per  annum. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  two  hundred 
dollars  per  annum. 

6.  The  Tax  Collector,  twelve  hundred  dollars 
per  annum,  and  a  deputy  at  four  dollars  per  day 
for  not  more  than  one  hundred  days  in  any  one 
year,  to  be  paid  out  of  the  county  treasury;  pro- 
vided, that  no  fees  or  compensation  other  than  the 
compensation  provided  for  in  this  section  be  allow- 
ed the  Sheriff  or  Tax  Collector  for  the  collection  of 
licenses  in  counties  of  this  class. 

7.  The  Assessor,  tAvo  thousand  dollars  per  an- 
num, and  two  deputies  at  a  salary  of  five  dollars 
per  day  for  not  more  than  one  hundred  days  in 
any  one  year,  to  be  paid  out  of  the  county  treas- 
ury. 

8.  The  District  Attorney,  one  thousand  four 
hundred  dollars  per  annum,  and  twenty-five  dol- 
lars for  every  conviction  in  any  court,  not  ex- 
ceeding five  hundred  dollars  in  any  one  year. 

9.  The  Coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law^ 

11.  The   Superintendent   of   Schools,    one  thou- 


212  County  Government. 

sand  dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law;  provided,  he  shall 
be  given  all  work  for  the  county  in  which  the 
county  employs  one  surveyor  or  civil  engineer. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  Supervisor,  six  hundred  dollars  and 
twenty  cents  per  mile  traveling  to  county  seat, 
which  shall  be  in  full  compensation  for  all  ser- 
vices, both  as  Supervisor  and  Road  Commission- 
er; provided,  that  in  case  the  said  Supervisors 
shall  not  serve  us  road  commissioners,  then  the 
salary  for  Supervisor  shall  be  four  hundred  dol- 
lars per  annum. 

Sec.  189.  In  counties  of  the  thirty-second  class 
the  county  otiicers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  otiice,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  one  thousand  five  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  four  thousand  two  hundred  and 
fifty  dollars  per  annum;  provided,  the  Sheriff 
shall  also  receive  for  his  own  use  and  benefit  his 
necessary  expenses  in  all  criminal  cases,  to  be 
allowed  as  other  county  charges  are  allowed  by 
law;  and  provided  further,  that  the  Sheriff  shall 
also  receive,  for  his  own  use  and  benefit,  the  mile- 
age, fees,  and  commission  for  all  service  of  all 
papers  whatsoever  issued  by  any  court  of  the 
State  outside  of  his  county. 

3.  The  Recorder,  one  thousand  eight  hundred 
dollars  per  annum. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  eight  hundred 
dollars  per  annum, 

6.  The  Tax  Collector,  five  hundred  dollars  per 
annum;  provided,  as  License  Collector,  he  shall, 
in  addition,  be  entitled  to  receive  and  retain  for 
his  own  use  and  benefit,  ten  per  centum  on  all 
licenses  collected  by  him. 

7.  The  Assessor,  one  thousand    eight    hundred 


County  Governmeut.  213 

dollars  per  annum,  and  one  deputy  at  not  to  ex- 
ceed live  dollars  per  day,  for  not  more  than  one 
hundred  and  twenty-five  days  in  any  year,  to  be 
paid  out  of  the  county  treasury. 

8.  The  District  Attorney,  one  thousand  eight 
hundred  dollars  per  annum;  provided,  he  may 
charge  and  receive  for  his  own  use  necessary  ex- 
penses for  traveling  on  county  and  puouc  busi- 
ness, to  be  allowed  as  other  county  charges  are  al- 
lowed by  law. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  six  hundred 
dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county.  And  if 
the  Board  of  Supervisors  provide  that  he  shall 
not  engage  in  teaching,  then  he  shall  receive  one 
thousand  two  hundred  Hollars  per  annum,  and 
traveling  expenses,  not  to  exceed  three  hundred 
dollars  per  annum,  which  expenses  are  to  be  al- 
lowed and  paid  as  a  county  charge. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law;  provided,  he  shall 
be  given  all  worli  for  the  county  in  which  the 
county  employs  one  surveyor  or  civil  engineer. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allow^ed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  Ijiw. 

15.  Each  Supervisor,  tour  hundred  dollars  per 
annum,  and  ten  cents  per  mile  for  traveling  to 
and  from  his  residence  to  the  county  seat  at  each 
session;  and,  unless  otherwise  provided  by  law, 
when  serving  as  road  commissioner,  three  dollars 
per  day.  But  he  shall  not  in  any  one  year  receive 
more  than  three  hundred  dollars  for  services  as 
such  road  commissioner. 

16.  In  counties  of  this  class  the  oflScial  reporter 
of  the  Superior  Court  shall  receive  for  his  services 
in  taking  notes  in  civil  and  criminal  cases  tried 
in  said  courts  and  in  examinations  for  committal 
to  the  asylum  for  the  insane,  such  fees  as  may  be 
allowed  by  the  court.  The  official  reporter  for 
services  in  taking  notes  in  inquests  before  the 
Coroner     and    examinations    before    magistrates, 


214  County  Government. 

such  fees  as  may  be  allowed  by  the  Board  of  Su- 
pervisors. For  transcription  of  notes,  in  either 
of  the  above  cases,  when  required,  the  official  re- 
porter shall  receive  not  exceeding  ten  cents  per 
folio  for  the  original  and  not  exceeding  five  cents 
per  folio  for  a  copy.  Said  compensation  for  tak- 
ing notes  and  transcribing  the  same  in  criminal 
cases  and  in  cases  in  which  the  county  may  be  a 
party,  to  be  audited  and  allowed  by  the  Board  of 
Supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury;  and  in  civil 
eases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party  to 
an  action  or  proceeding,  when  and  in  such  pro- 
portion as  the  court  may  direct.  Fees  for  tran- 
scription of  notes  in  cases  or  proceedings  in  the 
Superior  Court  shall  be  fixed  by  the  court,  and 
for  transcription  of  notes  in  inquests  before  the 
Coroner,  or  examinations  before  magistrates, 
shall  be  fixed  by  the  Board  of  Supervisors. 

The  provisions  of  this  section  shall  take  effect 
Immediately,  except  as  to  subdivision  three  there- 
of, which  subdivision  shall  take  effect  on  the  first 
Monday  after  the  first  day  of  January,  eighteen 
hundred  and  ninety-nine. 

Sec.  190.  In  counties  of  the  thirty-third  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  two  thousand  dollars  per 
annum. 

2.  The  Sheriff,  four  thousand  dollars  per  an- 
num, and  all  mileage  for  the  service  of  papers  is- 
sued out  of  any  court  outside  of  his  county. 

3.  The  Recorder,  one  thousand  dollars  per  an- 
num. 

4.  The  Auditor,  five  hundred  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  five  hundred 
dollars  per  annum. 

6.  The  Tax  Collector,  five  hundred  dollars  per 
annum,  and  ten  per  cent  on  all  licenses  collected 
by  him  as  License  Collector. 

7.  The  Assessor,  four  thousand  dollars  per  an- 
num. 

8.  The  District  Attorney,  one  thousand  five 
hundred  dollars  per  annum. 


County  Government.  215 

9.  The  Coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  fifteen  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  Board  of  Supervisors, 
four  hundred  dollars  per  annum,  and  twenty 
cents  per  mile  for  traveling  from  his  residence  to 
the  county  seat. 

Sec.  191.  In  counties  of  the  thirty-fourth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  two  thousand  seven  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  five  thousand  dollars  per  annum 
and  fees,  commissions,  and  mileage  for  the  ser- 
vice of  papers  or  procesr  coming  from  courts 
other  than  those  of  his  own  county. 

3.  The  Recorder,  one  thousand  six  hundred  dol- 
lars per  annum;  provided,  that  such  Recorder 
shall  collect  and  pay  into  the  county  treasury,  for 
the  use  and  benefit  of  the  county,  the  fees  requir- 
ed by  law  to  be  so  collected;  and  provided,  that 
when  the  amount  of  said  fees  collected  shall  ex- 
ceed two  hundred  and  fifty  dollars  in  any  month, 
the  Recorder  may  receive  and  retain  for  his  own 
use,  in  addition  to  his  salary,  one-half  of  all  fees 
in  excess  of  two  hundred  and  fifty  dollars  in  any 
month  so  collected.  But  the  amount  of  fees  thus 
received  by  the  Recorder  for  his  own  use,  plus 
his  salary,  shall  not  exceed  the  sum  of  two  thou- 
sand two  hundred  dollars  in  any  one  year. 

4.  The  Auditor,  sixteen  hundred  dollars  per  an- 
num. 

5.  The  Treasurer,  one  tho'isand  six  hundred 
dollars  per  annum. 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum. 


216  County  Government. 

7.  The  Assessor,  two  thousand  eight  hundred 
dollars  per  annum;  provided,  that  the  Assessor 
shall  annually  revise  the  plats  of  his  office  and 
prepare  the  military  roll  at  his  own  cost  and  ex- 
pense. All  portions  of  this  section  referring  to 
the  revision  of  the  Assessor's  plats  and  to  prepar- 
ing the  military  roll  shall  talie  effect  from  and 
after  the  passage  of  this  Act. 

8.  The  District  Attorney,  two  thousand  dollars 
per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand two  hundred  dollars  per  annum,  including 
services  on  the  Board  of  Education.  He  shall  be 
allowed  his  actual  traveling  expenses  when  visit- 
ing the  schools  of  his  county,  which  expenses 
shall  not  exceed  the  sum  of  five  hundred  dollars 
in  any  one  year.  In  the  event  that  said  superin- 
tendent of  schools  shall  appoint  a  deputy,  or  com- 
missioner of  schools,  the  same  shall  be  at  his  own 
cost  and  expense. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  alloAved  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Supervisors,  each  the  sum  of  six  hundred 
dollars  per  annum  for  all  services  performed  by 
them  as  Supervisors,  and  members  of  the  board 
of  equalization  and  road  commissioners,  including 
mileage;  provided,  that  each  Supervisor  shall  re- 
ceive ten  cents  for  each  mile  traveled  by  the  or- 
dinary route,  in  going  from  his  residence  to  the 
county  seat  and  returning  once  during  each  meet- 
ing. Each  Supervisor  shall  be  allowed  his  actual 
expenses  while  supervising  the  roads  of  his  dis- 
trict, not  exceeding  ten  dollars  in  any  one  month. 

This  Act,  so  far  as  it  relates  to  the  compensa- 
tion of  Supervisors,  and  to  their  compensation  as 
road  commissioners  in  counties  of  the  thirty- 
fourth  class  shall  take  effect  immediately  after  its 
passage. 

16.  T^-e  official  reporter  of  the  Superior  Court 


County  Government.  217 

in  counties  of  the  thirty-fourtli  class,  shall  re- 
ceive as  full  compensation  for  taking  notes  when 
his  services  are  demanded  in  civil  cases,  and  in 
criminal  cases  tried  in  said  court,  and  when  re- 
quested by  a  Justice  of  the  Peace,  Coroner,  or  Dis- 
trict Attorney  in  preliminary  examinations,  or  in- 
quests, a  salary  of  one  thousand  five  hundred  dol- 
lars per  annum,  payable  in  equal  monthly  install- 
ments, out  of  the  county  treasury  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of 
county  ojEcers.  He  shall  also  be  allowed  his  ac- 
tual traveling  expenses  when  reporting  outside 
of  the  county  seat.  • 

When  the  services  of  the  reporter  are  demandeti 
in  any  civil  matter,  there  shall  be  taxed  as  costs 
in  the  case  eight  dollars  per  diem  for  each  day 
of  the  trial  thereof,  to  be  paid  to  the  clerk  of  the 
court  in  advance,  one-half  by  each  side;  for  tran- 
scription of  said  notes  in  criminal  cases  and  in 
civil  cases,  when  required,  said  reporter  shall  re- 
ceive not  to  exceed  ten  cents  per  folio  of  one  hun- 
''red  words  for  the  original  and  five  cents  per 
folio  for  copy.  Where  the  reporter  is  required  to 
transcribe  the  whole  or  any  part  of  the  testi- 
mony during  the  taking  of  testimony  in  the  Supe- 
rior Court,  he  shall  be  entitled  to  receive  and  re- 
tain for  his  own  use,  not  to  exceed  fifteen  cents 
per  folio  for  the  original,  and  seven  and  one-half 
cents  per  folio  for  each  copy.  Said  compensation 
to  be  paid  for,  in  civil  cases,  by  the  party  order- 
ing the  same,  and  in  criminal  cases,  together  with 
said  traveling  expenses,  to  be  audited  and  allow- 
ed by  the  Board  of  Supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county 
treasury.  Per  diem  fees  so  collected  by  the  clerk 
shall  be  paid  into  the  county  treasury  on  the  first 
Monday  of  each  mouth. 

This  act,  so  far  as  it  relates  to  the  service  and 
compensation  of  said  official  reporter,  shall  take 
effect  immediately  after  its  passage. 

Sec.  192.  In  counties  of  the  thirty-fifth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  County  Clerk,  three  thousand  dollars 
per  annum. 

2.  The  Sheriff,  four  thousand  five  hundred  dol- 
Gen.  Laws— 19. 


218  County  Governmeut. 

lars  per  annum,  and  mileage  at  the  rate  of  twen- 
ty-five cents  per  mile  necessarily  traveled,  in  go- 
ing only. 

8.  The  Recorder,  two  thousand  five  hundred 
dollars  per  annum, 

4.  The  Auditor,  one  thousand  five  hundred  dol- 
lars per  annum. 

5.  The  Treasurer,  one  thousand  five  hundred 
dollars  per  annum. 

G.  The  Tax  Collector,  two  thousand  dollars  per 
annum. 

7.  The  Assessor,  four  thousand  dollars  per  an- 
num. 

8.  The  District  Attorney,  one  thousand  eight 
hundred  dollars  per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
noAv  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand five  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  Supervisor,  six  hundred  dollars  per  an- 
num, and  twenty  cents  per  mile  for  traveling 
from  his  residence  to  the  county  seat;  provided, 
that  when  a  Supervisor  is  also  road  commissioner, 
he  shall  receive,  in  addition  to  the  twenty  cents 
per  mile  allowed  to  him  by  law  as  such  road  com- 
missioner, his  actual  traveling  expenses,  the  total 
mileage  and  expenses  not  in  any  one  year  to  ex- 
ceed the  sum  of  three  hundred  dollars. 

Sec.  103.  In  counties  of  the  thirty-sixth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  twenty-two  hundred  dol- 
lars per  annum. 

2.  The  Sheriff,  forty-five  hundred  dollars  per 
annum. 


County  Government.  219 

3.  The  Recorder,  eighteen  hundred  dollars  per 
annum. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  fifteen  hundred  dollars  per 
annum. 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum,  and  five  per  cent  on  all  licenses  collected 
by  him  as  License  Collector. 

7.  The  Assessor,  two  thousand  dollars  per  an- 
num. 

8.  The  District  Attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  fifteen  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  Supervisor,  six  dollars  per  day  when 
the  board  is  in  session,  and  mileage  at  the  rate  of 
ten  cents  per  mile  for  traveling  to  and  from  his 
residence  to  the  county  seat  once  each  session. 
For  services  as  road  commissioner,  three  dollars 
per  day  while  engaged  as  such  commissioner;  pro- 
vided, however,  the  amount  so  allowed  as  such 
commissioner  sliall  not  exceed  three  hundred  dol- 
lars in  any  one  year. 

Sec.  194.  In  counties  of  the  thirty-seventh 
class  the  county  officers  shall  receive,  as  compen- 
sation for  the  services  required  of  them  by  law 
or  by  virtue  of  their  offices,  the  following  salaries, 
to  wit: 

1.  The  County  Clerk,  three  thousand  dollars 
per  annum. 

2.  The  Sheriff,  four  thousand  dollars  per  an- 
num, and  actual  traveling  expenses  incurred  in 
the  pursuit  or  arrest  of  criminals,  either  in  or  out 
of  his  county. 

3.  The  Recorder,  one  thousand  five  hundred 
dollars  per  annum. 


220  County  Government. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  five  hundred 
dollars  per  annum. 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum,  which  shall  be  in  full  for  all  services  as 
Tax  Collector  and  as  License  Collector. 

7.  The  Assessor,  two  thousand  five  hundred 
dollars  per  annum. 

8.  The  District  Attorney,  two  thousand  dollars 
per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand two  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  iPeace,  the  fees  which  now 
are  or  hereafter  may  be  allowed  by  law. 

14.  Constables,  the  fees  which  now  are  or  here- 
after may  be  alloAved  by  law. 

15.  Each  member  of  the  Board  of  Supervisors, 
five  hundred  dollars  per  annum,  and  his  necessary 
expenses  when  attending  to  the  business  of  the 
county  other  than  the  meetings  of  the  board,  and 
twenty  cents  per  mile  in  going  from  his  residence 
to  the  county  seat  at  each  meeting  of  the  board; 
and  when  serving  as  road  commissioner,  three 
dollars  per  day,  and  twenty  cents  per  mile  one 
way,  for  all  actual  distances  traveled  by  him  in 
the  performance  of  his  duties  as  such  commis- 
sioner. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  Superior  Court  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  .Justices'  Courts,  a  monthly  salary 
of  one  hundred  dollars,  ])ayable  out  of  the  county 
treasury,  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  tlie  sum  of  ten  cents  per  folio  for  the 
original,  and  five  cents  per  folio  for  a  copy;  said 


County    Government.  221 

compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  Board  of  Super- 
visors as  otlier  claims  against  the  county,  and 
paid  out  of  the  county  treasury;  and  in  civil 
cases,  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party, 
or  jointly  by  both  parties,  as  the  court  may  di- 
rect. 

Sec.  195.  In  counties  of  the  thirty-eighth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  two  thousand  five  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  four  thousand  five  hundred  dol- 
lars per  annum. 

3.  The  Recorder,  one  thousand  six  hundred  dol- 
lars per  annum. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  eight  hundred 
dollars  per  annum.  ^ 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum. 

7.  The  Assessor,  two  thousand  five  hundred 
dollars  per  annum. 

8.  The  District  Attorney,  one  thousand  eight 
hundred  dollars  per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand six  hundred  and  fifty  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the 

'schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law,  and  in  addition  thereto 
three  dollars  per  day  for  each  day's  actual  at- 
tendance in  court  when  ordered  to  be  there  by  the 
Justice  or  Recorder:  provided,  that  no  Constable 
shall  receive  more  than  three  dollars  for  any  one 

day's  attendance  on  any  court. 


222  County  Government. 

15.  Each  Supervisor,  five  dollars  per  day  when 
the  board  is  in  session,  not  exceeding  five  hun- 
dred dollars  per  annum,  and  ten  cents  per  mile 
for  traveling  to  and  from  his  residence  to  the 
county  seat  at  each  session. 

16.  The  compensation  herein  provided  for  Con- 
stables shall  take  effect  immediately  and  affect 
Incumbents. 

Sec.  196.  In  counties  of  the  thirty-ninth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  two  thousand  four  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  four  thousand  dollars  per  an- 
num, and  the  fees  or  commissions  for  the  service 
of  all  papers  issued  by  any  court  of  the  State  out- 
side of  his  county.  Also  his  actual  traveling  ex- 
penses in  the  execution  of  a  warrant  outside  of 
his  county  issued  by  a  magistrate  or  court  of  his 
county. 

.  3.    The  Recorder,  eighteen  hundred  dollars  per 
annum. 

4.  The  Auditor,  one  thousand  eight  hundred 
dollars  per  annum. 

5.  The  Treasurer,  one  thousand  six  hundred 
dollars  per  annum. 

6.  The  Tax  Collector,  one  thousand  two  hun- 
dred dollars  per  annum. 

7.  The  Assessor,  three  thousand  dollars  per  an- 
num. 

8.  The  District  Attorney,  two  thousand  dollars 
per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  rublic  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand six  hundred  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  Surveyor,  fifteen  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  re- 
quired of  him  by  the  Superior  Court  or  the  Board 
of  Supervisors,  and  as  ex  ofiicio  County  Record- 
er; provided,  that  he  shall  be  entitled  to  receive 


Couuty  (Government.  223 

from  the  county  his  actual  and  necessary  travel- 
ing expenses,  incurred  in  the  performance  of  any 
order  of  the  court  or  Board  of  Supervisors;  for 
all  other  services,  the  fees  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law;  provided, 
that  the  fees  for  services  rendered  in  criminal 
cases,  and  which  are  chargeable  against  the  couu- 
ty, shall  not  exceed  in  the  aggregate  for  any  one 
month  sixty  dollars;  provided,  that  this  provision 
shall  not  affect  their  right  to  collect  fees  for  ser- 
vices rendered  as  Coroner,  when  acting  as  such. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  that  the 
fees  for  services  rendered  in  criminal  cases,  and 
which  are  chargeable  against-  the  county,  shall 
not  exceed  in  the  aggregate  for  any  one  month 
sixty  dollars;  provided,  also,  that  he  shall  be 
paid  by  the  county  his  actual  and  necessary  ex- 
penses incurred  in  conveying  prisoners  to  the 
county  jail;  provided  further,  that  he  be  allowed 
his  actual  and  necessary  expenses  incurred  in  ex- 
ecuting any  warrant  outside  of  his  county  issued 
by  a  magistrate  or  justice  of  his  county,  not  to 
exceed  in  the  aggregate  a  sum  equal  to  ten  cents 
per  mile  necessarily  traveled  outside  of  his  coun- 
ty in  the  execution  of  such  warrant.  The  items 
of  expense  herein  provided  which  may  be  allowed 
Constables  shall  not  be  charged  to  him  in  maliing 
up  the  maximum  fees  which  he  may  collect  from 
the  county  in  criminal  proceedings. 

15.  Each  Supervisor,  six  dollars  per  day,  while 
attending  sessions  of  the  board,  and  while  en- 
gaged in  the  performance  of  the  duties  of  road 
commissioners,  and  mileage  at  the  rate  of  twenty 
cents  per  mile,  for  traveling  from  residence  to 
county  seat  in  attendance  upon  a  regular  session 
of  the  board. 

16.  The  official  reporter,  such  fees  as  are  now 
provided  by  law. 

17.  This  act.  so  far  as  it  relates  to  counties  of 
the  thirty-ninth  class,  shall  take  effect  immedi- 
ately as  to  the  offices  of  Surveyor,  .Justices  of  the 
Peace,  and  Constables,  but  shall  not  affect  the 
compensation  of  other  officers  during  their  pres- 
ent term  of  office. 

Sec.  197.     In  counties  of  the  fortieth  class  the 


224  County  Government. 

county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  vir- 
tue of  their  offices,  the  following  salaries,  to  wit: 

1.  The  County  Clerk,  twenty-four  hundred  dol- 
lars per  annum. 

2.  The  Sheriff,  thirty-five  hundred  dollars  per 
annum. 

8.  The  Recorder,  fifteen  hundred  dollars  per 
annum. 

4.  The  Auditor,  one  thousand  dollars  per  an- 
num. 

5.  The  Treasurer,  twelve  hundred  dollars  per 
annum. 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum,  and  ten  per  cent  of  all  licenses  collected 
by  him. 

7.  The  Assessor,  twenty-six  hundred  dollars 
per  annum. 

8.  The  District  Attorney,  fourteen  hundred  dol- 
lars per  annum. 

9.  The  Coroner,  five  hundred  dollars  per  an- 
num. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  nine  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses while  visiting  the  schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  that  Con- 
stables of  townships  containing  three  thousand 
inhabitants,  or  more,  shall  be  allowed  as  addi- 
tional compensation  a  salary  of  thirty  dollars  per 
month,  payable  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  other  county  officers  are 
paid. 

15.  Each  member  of  the  Board  of  Supervisors, 
seven  dollars  per  diem  when  the  board  is  in  ses- 
sion, and  twenty-five  cents  per  mile  for  traveling 
to  and  from  his  residence  to  the  county  seat,  but 
he  shall  not  in  any  one  year  receive  more  than 
five  luindred  dollars  as  Supervisor. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  Superior  Court  shall  receive,  as  full  com- 


County  Government.  225 

pensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  Justices'  Courts,  a  monthly  salary 
of  one  hundred  dollars,  payable  out  of  the  coun- 
ty treasury,  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for 
the  original  and  five  cents  per  folio  for  a  copy; 
said  compensation  for  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  Board  of 
Supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury,  and  in  civil 
cases,  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party, 
or  jointly  by  both  parties,  as  the  court  may  direct. 
Sec.  198.  In  counties  of  the  forty-first  class,  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  County  Clerli,  two  thousand  two  hun- 
dred dollars  per  annum. 

2.  The  Sheriff,  five  thousand  dollars  per  an- 
num, and  fees,  commissions,  and  mileage  for  the 
service  of  papers  or  process  coming  from  courts 
other  than  those  in  his  own  county. 

3.  The  Recorder,  one  thousand  six  hundred 
dollars  per  annum;  provided,  that  such  Recorder 
shall  collect  and  pay  into  the  county  treasury, 
for  the  use  and  benefit  of  the  county,  the  fees  re- 
quired by  law  to  be  so  collected;  and  provided, 
that  when  the  amount  of  said  fees  collected  shall 
exceed  two  hundred  dollars  in  any  month,  the 
Recorder  may  receive  and  retain  for  his  own  use, 
in  addition  to  his  salary,  one-half  of  all  fees  in 
excess  of  two  hundred  dollars  in  any  month  so 
collected.  But  the  amount  of  fees  thus  received 
by  the  Recorder  for  his  own  use,  plus  his  salary, 
shall  not  exceed  the  sum  of  two  thousand  dollars 
in  any  one  year. 

4.  The  Auditor,  one  thousand  six  hundred  dol- 
lars per  annum. 

5.  The  Treasurer,  one  thousand  six  hundred  dol- 
lars per  annum. 

6.  The  Tax  Collector,  one  thousand  dollars  per 
annum. 

7.  The  Assessor,  two  thousand  six  hundred  dol- 


22G  County  Government. 

lars  per  annum;  provided,  that  the  Assessor  shall 
annually  revise  the  plats  in  his  office,  and  prepare 
the  military  roll  at  his  own  cost  and  expense. 

All  portions  of  this  section  referring  to  the  re- 
vision of  the  Assessor's  plats,  and  to  preparing 
the  military  roll  shall  take  effect  from  and  after 
the  passage  of  this  act. 

8.  The  District  Attorney,  one  thousand  eight 
hundred  dollars  per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
noAv  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thou- 
sand four  hundred  dollars  per  annum,  including 
services  on  the  Board  of  Education.  He  shall  be 
allowed  his  actual  traveling  expenses  when  vis- 
iting schools  of  his  county,  which  expenses  shall 
not  exceed  the  sum  of  three  hundred  dollars  in 
any  one  year. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Supervisors,  each  six  nundred  dollars  per 
annum  for  all  services  performed  by  them  as  su- 
pervisors, and  members  of  the  board  of  equaliza- 
tion, and  road  commissioners,  including  mileage; 
provided,  that  each  Supervisor  shall  receive  ten 
cents  for  each  mile,  traveled  by  the  ordinary 
route,  in  going  from  his  residence  to  the  county 
seat  and  "returning  once  during  each  meeting. 
Each  Supervisor  shall  be  allowed  his  actual  trav- 
eling expenses  while  supervising  the  roads  of  his 
district,  not  exceeding  ten  dollars  in  any  one 
month.  This  act,  so  far  as  it  relates  to  the  com- 
pensation of  Supervisors,  and  to  their  compensa- 
tion as  road  commissioners  in  counties  of  the  for- 
ty-first class,  shall  take  effect  immediately  after 
its  passage. 

16.  The  official  reporter  of  the  Superior  Court  in 
counties  of  the  forty-first  class  shall  receive,  as 
full  compensation  for  taking  notes  when  his  ser- 
vices are  demanded  in  civil  cases,  and  in  all  crim- 
inal cases  tried  in  said  court,  and  when  requested 


County  Government.  227 

by  a  Justice  of  the  Peace,  Coroner,  or  District  At- 
torney in  preliminary  examinations,  or  inquests, 
a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  payable  in  equal  monthly  installments 
out  of  the  county  treasury  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  county  offi- 
cers. He  shall  also  be  allowed  his  actual  travel- 
ing expenses  when  reporting  outside  of  the  coun- 
ty seat.  When  the  services  of  the  reporter  are 
demanded  in  any  civil  matter,  there  shall  be  tax- 
ed as  costs  in  the  case  eight  dollars  per  diem, 
for  each  day  of  the  trial  thereof,  to  be  paid  to 
the  clerk  of  the  court,  in  advance,  one-half  by 
each  side;  for  transcription  of  said  notes  in  crim- 
inal cases,  and  in  civil  cases,  when  required,  said 
reporter  shall  receive  not  to  exceed  ten  cents  per 
folio  of  one  hundred  words  for  the  original  and 
live  cents  per  folio  for  copy.  Where  the  reporter 
is  required  to  transcribe  the  whole  or  any  part  of 
the  testimony  during  the  talking  of  testimony  in 
the  Superior  Court,  he  shall  be  entitled  to  receive 
and  retain  for  his  own  use  not  to  exceed  fifteen 
cents  per  folio  for  the  original  and  seven  and  one- 
half  cents  per  folio  for  each  copy,  said  compensa- 
tion to  be  paid  for,  in  civil  cases,  by  the  party  or- 
dering the  same,  and  in  criminal  cases,  together 
with  said  traveling  expenses,  to  be  audited  and 
allowed  by  the  Board  of  Supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the 
county  treasury.  All  per  diem  fees  so  collected 
by  the  clerli  shall  be  paid  into  the  county  treas- 
ury on  the  first  Monday  of  each  month.  This 
act,  so  far  as  it  relates  to  the  services  and  com- 
pensation of  said  official  reporter,  shall  take  ef- 
fect immediately  after  its  passage. 

Sec.  199.  In  counties  of  the  forty-second  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  one  thousand  six  hun- 
dred dollars  per  annum. 

2,  The  Sheriff,  twenty-five  hundred  dollars  per 
annum.  The  Sheriff  shall  also  receive  for  his 
own  use  and  benefit  all  fees,  commissions,  and 
mileage,  in  all  civil  cases  within  his  county,  and 
all  fees,  commissions,  and  mileage  for  service  of 


228  County  Government. 

any  papers   issued   by   any   court   outside   of   his 
county. 

3.  The  Recorder,  nine  hundred  dollars  per  an- 
num. 

4.  The  Auditor,  five  hundred  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  dollars  per 
annum. 

6.  The  Tax  Collector,  five  hundred  dollars  per 
annum.  The  Tax  Collector  shall  be  allowed  one 
deputy  for  the  months  of  November  and  April  of 
each  year,  at  a  compensation  of  one  hundred  dol- 
lars per  month. 

7.  The  Assessor,  two  thousand  dollars  per  an- 
num. 

S.  The  District  Attorney,  one  thousand  five 
hundred  dollars  per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
hereafter  be  alloAved  by  law. 

10.  The  Public  Administrator,  such  fees  as  now 
or  may  hereafter  be  allowed  by  law. 

11.  The  Superintendent  of  Schools,  one  thousand 
five  hundred  dollars  per  annum,  and  he  shall  re- 
ceive no  extra  compensation  for  his  services  on 
the  Board  of  Education. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law.  In  no  case  shall  a 
Constable  receive  for  service  in  vagrancy  cases, 
for  any  one  month,  an  amount  in  excess  of  the 
sum  of  forty  dollars, 

15.  Supervisors,  five  dollars  per  day  for  each 
day  while  in  the  service  of  the  county,  and  twen- 
ty cents  per  mile  for  traveling  from  residence  to 
county  seat. 

Sec.  200.  In  counties  of  the  forty-third  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to 
wit: 

1.  The  County  Clerk,  six  hundred  dollars  per 
annum,  and  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

2.  The   Sheriff,  thirtv-five  hundred  dollars  per 


County  Government.  229 

annum,  and  one  jailer,  at  a  salary  of  nine  hun- 
dred dollars  per  annum. 

3.  The  Recorder,  six  hundred  dollars  per  an- 
num, and  six  cents  per  folio  for  every  instrument 
of  any  character  transcribed  by  him  or  any  of  his 
deputies,  w^hich  said  amounts  shall  be  paid  out  of 
the  county  treasury. 

4.  The  Auditor,  seven  hundred  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  Tax  Collector,  eight  hundred  dollars  per 
annum. 

7.  The  Assessor,  twenty-two  hundred  dollars 
per  annum. 

8.  The  District  Attorney,  eighteen  hundred  dol- 
lars per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
hereafter  be  provided  by  law: 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  The  Superintendent  of  Schools,  fifteen  hun- 
dred dollars  per  annum  for  all  services  performed 
as  school  superintendent  and  member  of  the 
board  of  education. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  The  Justices  of  the  Peace,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law;  pro- 
vided, that  the  fees  and  compensation  of  any  Jus- 
tice of  the  Peace  in  criminal  cases  or  proceedings 
to  which  the  people  of  the  State  of  California  are 
or  may  be  made  a  party,  shall  not  exceed  nine 
hundred  dollars  for  any  one  year. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law;  provided,  that  the  fees 
and  compensation  of  any  Constable  in  criminal 
cases  or  proceedings  to  which  the  people  of  the 
State  of  California  are  or  may  be  made  a  party 
shall  not  exceed  nine  hundred  dollars  for  any  one 
year.  , 

15.  Each  Supervisor  shall  receive  for  compen- 
sation, five  dollars  per  day  for  all  services  per- 
formed as  Supervisor  and  member  of  the  board 
of  equalization,  not  to  exceed  the  sum  of  four 
hundred  dollars  per  annum;  also  three  dollars  per 
day  for  each  day  actually  engaged  in  performing 

Gen.  Laws— 20. 


230  County  Government. 

the  duties  of  road  commissioner,  not  to  exceed 
three  hundred  dollars  per  annum. 

Sec.  201.  In  counties  of  the  forty-fourth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

3.  The  County  Clerk,  fifteen  hundred  dollars 
per  annum. 

2.  The  Sheriff,  thirty-five  hundred  dollars  per 
annum,  and  actual  traveling  expenses  incurred  in 
the  pursuit  or  arrest  of  criminals,  either  in  or 
out  of  his  county. 

3.  The  Recorder,  one  thousand  dollars  per  an- 
num. 

4.  The  Auditor,  five  hundred  dollars  per  an- 
num. 

5.  The  Treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  Tax  Collector,  five  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  as 
Tax  Collector  and  as  License  Collector. 

7.  The  Assessor,  eighteen  hundred  dollars  per 
annum. 

8.  District  Attorney  fifteen  hundred  dollars  per 
annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  twelve  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  Surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  Peace,  the  fees  which  now 
are  or  hereafter  may  be  allowed  by  law. 

14.  Constables,  the  fees  which  now  are  or  here- 
after may  be  allowed  by  law. 

15.  Each  member  of  the  Board  of  Supervisors, 
five  dollars  per  day  when  the  board  is  in  session, 
and  twenty  cents  per  mile  for  traveling  from  his 
residence  to  the  county  seat;  and,  when  serving 
as  road  commissioner,  three  dollars  per  day  and 
mileage  as  allowed  by  law.  But  he  shall  not  in 
any  one  year  receive  more  than  three  hundred 
and  fifty  dollars  as  Supervisor,  or  more  than  two 


Caunty  Government.  231 

hundred  and  fifty  dollars  as  road  commissioner, 
exclusive  of  mileage. 

16.  In  counties  of  this  class,  the  official  reporter 
of  the  Superior  Court  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  Justices'  Courts,  a  monthly  salary 
of  fifty  dollars,  payable  out  of  the  county  treas- 
ury at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  county  officers;  and  for  transcrip- 
tion of  said  notes,  when  required,  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy;  said  compensation 
for  transcription  in  criminal  cases,  to  be  audited 
and  allowed  by  the  Board  of  Supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the 
county  treasury,  and  in  civil  cases  to  be  paid  by 
the  party  ordering  the  same,  or,  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  par- 
ties, as  the  court  may  direct. 

Sec.  202.  In  counties  of  the  forty-fifth  class,  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit: 

1.  The  County  Clerli,  fifteen  hundred  dollars 
per  annum. 

2.  The  Sheriff,  thirty-five  hundred  dollars  per 
annum. 

3.  The  Recorder,  twelve  hundred  dollars  per  an- 
num. 

4.  The  Auditor,  twelve  hundred  dollars  per 
annum. 

5.  The  Treasurer,  twelve  hundred  dollars  per 
annum. 

6.  The  Tax  Collector,  seven  hundred  dollars 
per  annum;  provided,  there  shall  be  no  consolida- 
tion of  this  office  with  that  of  Treasurer  or  Sher- 
iff until  after  the  next  general  election. 

7.  The  Assessor,  eighteen  hundred  dollars  per 
annum. 

8.  The  District  Attorney,  fifteen  hundred  dol- 
lars per  annum. 

9.  The  Coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  Public  Administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  Superintendent  of  Schools,  five  hun- 
dred dollars  per  annum. 


232  County  Goverument. 

12.  The  Surveyor,  ten  dollars  per  day  when  en- 
gaged in  county  work.  He  shall  also  receive  his 
actual  expenses  when  at  work  in  the  field. 

13.  Justices  of  the  Peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  Board  of  Supervisors, 
six  dollars  per  day,  and  twenty-five  cents  per 
mile  in  traveling  to  and  from  their  respective  resi- 
dences to  the  county  seat,  all  of  which  compensa- 
tion, in  the  aggregate,  shall  not  exceed  four  hun- 
dred dollars  each  per  annum. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  Superior  Court  shall  receive,  as  full  com- 
pensation for  taking  notes,  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  Justices'  Courts,  a  monthly  salary 
of  fifty  dollars,  payable  out  of  the  county  treas- 
ury, at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  county  officers;  and  for  transcrip- 
tion of  said  notes,  when  required,  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original, 
and  five  cents  per  folio  for  a  copy;  said  compensa- 
tion for  transcription  in  criminal  cases  to  be  au- 
dited and  alloAved  by  the  Board  of  Supervisors  as 
other  claims  against  the  county  and  paid  out  of 
the  county  treasury,  and  in  civil  cases,  to  be  paid 
by  the  party  ordering  the  same,  or,  when  order- 
ed by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  as  the  court  may  direct;  provided, 
that  in  any  one  year,  the  reporter  shall  not  re- 
ceive more  than  eighteen  hundred  dollars  for  ser- 
vices as  such  reporter. 

Sec.  203.  In  counties  of  the  forty-sixth  class, 
the  countj^  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to 
wit: 

1,  The  County  Clerk,  thirteen  hundred  dollars 
per  annum. 

2.  The  Sheriff,  twenty-four  hundred  dollars  per 
annum,  and  the  fees  or  commissions  for  the  ser- 
vice of  all  papers  issued  by  any  court  of  the 
State  outside  of  his  county,  ann  his  actual  and 
necessary  traveling  expenses  while  executing  a 
warrant  outside  of  his  county,  Issued  by  a  magis- 
trate or  court  within  his  county. 


CoiiDty  Government.  233 

3.  The  recorder,  thirteen  hundred  dollars  per 
annum. 

4.  The  auditor,  seven  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  five  hundred  dollars  per  an- 
num. 

7.  The  assessor,  fifteen  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  one  thousand  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eight  hun- 
dred dollars  per  annum,  and  actual  and  necessary 
traveling  expenses  when  visiting  schools  of  his 
county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  alloAved  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
four  dollars  a  day  when  the  board  is  in  session, 
and  ten  cents  a  mile  in  going  only,  for  traveling 
from  his  residence  to  the  county  seat;  and  when 
serving  as  road  commissioner,  three  dollars  a  day 
and  actual  necessary  expenses;  provided,  he  shall 
not  in  any  one  year  receive  more  than  three  hun- 
dred dollars  as  supervisor,  exclusive  of  mileage, 
nor  more  than  two  hundred  dollars  as  road  com- 
missioner, exclusive  of  traveling  expenses. 

17.  This  act  shall  not  affect  any  officer  during 
his  present  term  of  office  so  far  as  it  relates  to 
the  compensation  or  salary  of  such  officers  of  coun- 
ties of  the  forty-sixth  class. 

Sec.  204.  In  counties  of  the  forty-seventh  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to- 
wit: 

1.  The  county  clerk,  eighteen  hundred  dollars 
per  annum. 


234  County  Government. 

2.  The  sheriff,  three  thousand  dollars  per  an- 
num, and  the  fees  or  commissions  for  the  service 
of  all  papers  issued  by  any  court  of  the  state  out- 
side of  his  county;  also  his  actual  and  necessary 
traveling  expenses  in  the  execution  of  a  warrant 
outside  of  his  county  issued  by  a  court  or  magis- 
trate of  his  county. 

3.  The  recorder,  one  thousand  dollars  per  an- 
num. 

4.  The  auditor,  eight  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  twelve  hundred  dollars  per  an- 
num, i 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  two  thousand  dollars  per  an- 
num. 

S.  The  district  attorney,  sixteen  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hun- 
dred dollars  per  annum,  and  actual  traveling  ex- 
penses while  visiting  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law;  provided, 
that  the  fees  for  service  rendered  in  criminal 
cases  and  which  are  chargeable  against  the  coun- 
ty, shall  not  exceed  in  the  aggregate  in  any  one 
month  sixty  dollars;  provided,  this  provision  shall 
not  affect  their  right  to  collect  fees  as  coroner 
when  acting  as  such. 

14.  Constables,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  that  the 
fees  for  services  rendered  in  criminal  cases  and 
which  are  chargeable  against  the  county  shall  not 
exceed  in  the  aggregate  in  any  one  montli  the  sum 
of  sixty  dollars;  provided  also,  that  he  shall  be 
paid  by  the  county  his  actual  and  necessary  ex- 
penses incurred  in  conveying  prisoners  to  the  coun- 
ty jail;  providing  further,  that  he  be  allowed 
his  actual  and  necessary  expenses  in- 
curred     in       executing     any      warrant      outside 


County  Governmeut.  235 

of  his  county  issued  by  a  magistrate  or 
justice  of  his  county,  not  to  exceed  in  the  aggre- 
gate a  sum  equal  to  ten  cents  per  mile  necessarily 
traveled  outside  of  his  county  in  the  execution  of 
such  warrant.  The  items  of  expense  herein  pro- 
vided which  may  be  allowed  constables  shall  not 
be  charged  to  him  in  mailing  up  the  maximum 
fees  which  he  may  collect  in  criminal  proceedings. 

15.  Each  supervisor,  five  dollars  per  day  while 
attending  session  of  the  board  and  while  engaged 
in  the  performance  of  the  duties  of  road  commis- 
sioner, and  mileage  at  the  rate  of  twenty  cents 
per  mile  for  traveling  from  residence  to  county 
seat  in  attendance  upon  a  regular  session  of  the 
board. 

16.  Official  reporters,  same  as  now  provided  by 
law. 

This  act,  so  far  as  it  relates  to  counties  of  the 
forty-seventh  class,  shall  tal^e  effect  immediately 
as  to  the  offices  of  justices  of  the  peace  and  con- 
stables, but  shall  not  affect  the  compensation  of 
other  officers  during  the  present  term  of  office. 

Sec.  205.  In  counties  of  the  forty-eighth  class, 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  one  thousand  three  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  two  thousand  five  hundred  dol- 
lars per  annum,  and  twenty-five  cents  mileage,  in 
going  only. 

3.  The  recorder  four  hundred  dollars  per  an- 
num. 

4.  The  auditor,  three  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  three  hundred  and  fifty 
dollars  per  annum. 

7.  The  assessor,  one  thousand  six  hundred  dol- 
lars per  annum. 

8.  The  district  attorney,  one  thousand  dollars 
per  annum,  and  his  necessary  traveling  expenses, 
to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 


236  County  Government. 

11.  The  superintendent  of  schools,  six  hundred 
and  twenty-five  dollars  per  annum,  and  actual 
traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  supervisor,  five  dollars  per  day  when 
the  board  is  in  session,  and  twenty  cents  per  mile 
for  traveling  to  and  from  his  residence  to  the 
county  seat,  at  each  session.  But  he  shall  not  in 
any  one  year  receive  more  than  five  hundred  dol- 
lars as  supervisor. 

16.  The  reporters,  whether  official  or  appoint- 
ed for  any  particular  case  or  proceeding,  shall  re- 
ceive for  his  own  use  such  fees  as  may  be  allowed 
by  the  superior  court,  when  reporting  therein  or 
transcribing  therefor,  and  such  fees  as  may  be  al- 
lowed by  the  supervisors  for  reporting  in  long- 
hand or  shorthand  at  preliminary  examinations  or 
inquests.  Such  fees  to  be  collected  from  the  par- 
ties in  the  proportion  ordered  by  the  court  in  civil 
cases,  and  to  be  paid  by  the  county  in  criminal 
cases  and  proceedings. 

17.  The  license  collector,  such  compensation  as 
the  board  of  supervisors  shall  fix. 

This  act  shall  take  effect  immediately  as  to  jus- 
tices of  the  peace,  constables,  and  reporters. 

Sec.  200.  In  counties  of  the  forty-ninth  class  the 
county  ortlcers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  laAv  or  by  virtue 
of  their  office,   the  following  salaries,  to-wit: 

1.  The  county  clerk,  one  thousand  five  hundred 
dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  an- 
num. 

3.  The  recorder,  one  thousand  two  hundred  dol- 
lars per  annum. 

4.  The  auditor,  three  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  two  hundred 
dollars  per  annum. 

G.  The  tax  collector,  three  hundred  dollars  per 
annum. 


County  Government.  237 

7.  Tbe  assessor,  one  thousand  five  hundred  dol- 
lars per  annum. 

8.  The  district  attorney,  one  thousand  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  la»w. 

11.  The  superintendent  of  schools,  six  hundred 
dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  supervisor,  eight  dollang  per  day  when 
the  board  is  in  session,  but  he  shall  not  in  any 
one  year  receive  more  than  three  hundred  dollars 
as  supervisor. 

16.  The  reporters,  whether  official  or  appointed 
for  any  particular  case  or  proceeding,  shall  re- 
ceive for  his  own  use  such  fees  as  may  be  allow- 
ed by  the  superior  court,  when  reporting  therein 
or  transcribing  therefor,  and  sucli  fees  as  may 
be  allowed  by  the  board  of  supervisors  for  report- 
ing in  longhand  or  shorthand  at  preliminary  ex- 
aminations or  inquests.  Such  fees  to  be  collected 
from  the  parties  in  the  proportion  ordered  by  the 
court  in  civil  cases,  and  to  be  paid  by  the  county 
in  criminal  cases  and  proceedings. 

17.  The  license  collector,  such  compensation  as 
the  board  of  supervisors  shall  fix. 

This  act  shall  take  effect  immediately  as  to  jus- 
tices of  the  peace,  constables,  and  reporters. 

Sec.  207.  In  counties  of  the  fiftieth  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per 
annum. 

2.  The  sheriff,  thirty-eight  hundred  dollars  per 
annum. 

3.  The  recorder,  twelve  hundred  dollars  per  an- 
num. 

4.  The  auditor,  six  hundred  dollars  per  annum. 


238  County  Government. 

5.  The  treasurer,  twelve  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  seven  hundred  dollars  per 
annum. 

7.  The  assessor,  sixteen  hundred  and  fifty  dol- 
lars per  annum, 

8.  The  district  attorney,  twelve  hundred  dollars 
per  annu^. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred 
dollars  per  annum,  and' actual  traveling  expenses 
while  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
five  dollars  per  day  when  the  board  is  in  session, 
and  ten  cents  per  mile  for  traveling  to  and  from 
his  residence  to  the  county  seat. 

Sec.  208.  In  counties  of  the  fifty-first  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  vir- 
tue of  their  offices,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  one  thousand  five  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  two  thousand  five  hundred  dol- 
lars per  annum. 

3.  The  recorder,  eight  hundred  dollars  per  an- 
num. 

4.  The  auditor,  four  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  eight  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  one  thousand  five  hundred  dol- 
lars per  annum. 

8.  The  district  attorney,  one  thousand  two  hun- 
dred dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 


County  Government.  239 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  seven  hun- 
dred dollars  per  annum  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allow^ed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  supervisor,  two  hundred  and  fifty  dol- 
lars per  annum,  and  twenty-five  cents  per  mile 
for  traveling,  one  way  only,  to  the  county  seat  at 
each  sitting  of  the  board. 

Sec.  209.  In  counties  of  the  fifty-second  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  oflice,  the  following  salaries,  to- 
wlt: 

1.  The  county  clerk,  one  thousand  five  hundred 
dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  an- 
nurh. 

3.  The  recorder,  eight  hundred  dollars  per  an- 
num. * 

4.  The  auditor,  two  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  five  hundred  dollars  per  an- 
num. 

7.  The  assessor,  one  thousand  five  hundred  dol- 
lars per  annum. 

8.  The  district  attorney,  one  thousand  two  hun- 
dred dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred 
dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 


240  County  Government. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when 
the  board  is  in  session,  not  to  exceed  three  hun- 
dred dollars  per  year,  and  twenty-five  cents  per 
mile  for  traveling  from  his  residence  to  the  coun- 
ty seat,  in  going  only. 

16.  The  reporter,  whether  official  or  appointed 
for  any  particular  case  or  proceeding,  shall  re- 
ceive for  his  own  use  such  fees  as  may  be  allow- 
ed by  the  superior  court,  when  reporting  therein 
or  transcribing  therefor,  and  such  fees  as  may  be 
allowed  by  the  supervisors  for  reporting  in  long- 
hand or  shorthand  at  preliminary  examinations  or 
inquests;  such  fees  to  be  collected  from  the  par- 
ties in  the  proportion  ordered  by  the  court  in  civil 
cases,  and  to  be  paid  by  the  county  in  criminal 
cases  or  proceedings. 

17.  The  license  collector,  such  compensation  as 
the  board  of  supervisors  shall  fix. 

This  act  shall  take  effect  immediately  as  to  jus- 
tices of  tlie  peace,  constables,  and  reporters. 

Sec.  210.  In  counties  of  the  fifty-third  class  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to-wit* 

1.  The  county  cleric,  fifteen  hundred  dollars  per 
annum. 

2.  The  sheriff,  three  thousand  dollars  per  an- 
num. 

3.  The  recorder,  eight  hundred  dollars  per  an- 
num. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  one  thousand  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  bo  lieroafter  allowed  by  law. 

11.  The  superintendent  of  schools,  seven  hun- 
dred dollars  per  annum. 


County  Government.  241 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
two  hundred  and  fifty  dollars  per  annum;  mile- 
age from  residence  to  county  seat  at  each  sitting 
of  the  board,  twenty  cents  per  mile. 

Sec.  211.  In  counties  of  the  fifty-fourth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by  vir- 
tue of  their  offices,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  sixteen  hundred  dollars 
per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  an- 
num. 

3.  The  recorder,  eight  hundred  dollars  per  an- 
num. 

4.  The  auditor,  two  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  one  thousand  dollars  per 
annum. 

7.  The  assessor,  twelve  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  nine  nundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred 
dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
six  dollars  per  day  when  board  is  in  session:  thir- 
ty cents  per  mile  one  way.  Three  dollars  per  day 
Avhen  actually  serving  as  road  commissioner,  not 
to  exceed  three  hundred  dollars. 

Gen.  Laws— 21. 


242  County  Government. 

16.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes  in  civil  and  criminal  cases 
tried  in  said  court,  and  for  preliminary  examina- 
tions In  justices'  courts,  a  salary  of  ten  dollars 
per  diem  during  employment,  payable  out  of  the 
county  treasury,  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  county  officers,  and  for 
transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  a  copy;  said 
compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury,  and  in  civil  cases, 
to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

Sec.  212.  In  counties  of  the  fifty-fifth  class,  the 
county  officers  shall  receive,  as  compensation  for 
the  services  required  of  them  by  law  or  by  vir- 
tue of  their  offices,  the  following  salaries,  to-wit: 

1.  The  county  clerk,  nine  hundred  dollars  per 
annum. 

2.  The  sheriff,  twelve  hundred  dollars  per  an- 
num. 

3.  The  recorder,  six  hundred  dollars  per  an- 
num. 

4.  The  auditor,  three  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  nine  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  nine  hundred  dollars  per 
annum. 

7.  The  assessor,  six  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  nine  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be   hereafter   allowed   by   law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  four  hun- 
dred dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  oi'  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  ar<   now 
or  may  be  hereafter  allowed  by  law. 


County  Government.  243 

14.  Constables,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
three  hundred  dollars  per  annum  and  twenty 
cents  per  mile  in  traveling  from  his  residence  to 
the  county  seat,  going  only ;  provided,  that  only 
one  mileage  shall  be  allowed  for  any  regular  ses- 
sion of  the  board. 

16.  In  counties  of  this  class  the  oflBcial  reporter 
of  the  superior  court  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  ex- 
aminations in  justices'  courts  and  at  coroners'  in- 
quests, a  monthly  salary  not  to  exceed  fifty  dol- 
lars, payable  out  of  the  county  treasury,  at  the 
same  time  and  in  the  same  manner  as  the  salaries 
of  county  ofiicers;  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original  and  five  cents 
per  folio  for  a  copy;  said  compensation  for  tran- 
scription in  criminal  cases  to  be  audited  and  al- 
lowed by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county 
treasury,  and  in  civil  cases,  to  be  paid  by  the  party 
ordering  the  same,  or,  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the 
court  may  direct. 

Sec.  213.  In  counties  of  the  fifty-sixth  class 
the  county  oflScers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to- 
wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per 
annum. 

2.  The  sheriff,  twenty-six  hundred  dollars  per 
annum. 

3.  The  recorder,  six  hundred  dollars  per  an- 
num. 

4.    The  auditor,   two  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  dollars  per  an- 
num. 

6.  The  tax  collector,  five  hundred  dollars  per 
annum. 

7.  The  assessor,  twelve  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  nine  hundred  dollars 
per  annum. 


244  County  Government. 

9.  The  coroner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred 
dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors, 
six  dollars  per  day  during  session,  and  thirty 
cents  per  mile  one  way  to  board  meeting;  three 
dollars  per  day  (no  mileage)  as  road  commissioner 
when  actually  engaged  in  road  business. 

10.  In  counties  of  this  class  the  official  reporter 
of  the  superior  court  shall  receive,  as  full  compen- 
sation for  taking  notes  in  civil  and  criminal  cases 
tried  in  said  court,  and  for  preliminary  examina- 
tions in  justices'  courts,  a  per  diem  of  eight  dol- 
lars, and  for  transcription  of  said  notes,  when  re- 
quired during  the  progress  of  the  trial,  he  shall 
receive  the  sum  of  twenty  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but 
if  such  transcription  is  not  required  until  after 
conclusion  of  trial,  then  he  shall  receive  the  sum 
of  ten  cents  per  folio  for  original,  and  three  cents 
per  folio  for  copies  required,  said  compensation 
for  transcription  in  criminal  cases  to  be  audited 
and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the 
county  treasury,  and  in  civil  cases,  to  be  paid  by 
the  party  ordering  the  same,  or  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  par- 
ties, as  the  court  may  direct. 

Sec.  214.  In  counties  of  the  fifty-sovonth  class 
the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to- 
wit: 

1.  The  county  clerk,  five  hundred  dollars  per 
annum. 

2.  Tlie  sheriff,  five  hundred  dollars  per  annum. 
8.    The  recorder,  three  hundred  dollars  per  an- 
num. 


County  Government.  245 

4.  The  auditor,  two  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  three  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  three  hundred  dollars  per 
annum. 

7.  The  assessor,  three  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  three  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may 
be  hereafter  alloAved  by  law. 

10.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  hun- 
dred dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

15.  Each  supervisor,  five  dollars  per  day  when 
the  board  is  in  session,  and  twenty  cents  per  mile 
for  traveling  from  his  residence  to  the  county 
seat,  going  only,  and  only  one  mileage  shall  be  al- 
lowed for  any  regular  session  of  the  board;  and, 
when  serving  as  road  commissioner,  three  dollars 
per  day.  Such  per  diem  not  to  exceed  the  total 
sum  of  fifty  dollars  per  annum. 

Provided,  however,  that  five  per  cent  only  shall 
be  allowed  the  sheriff  or  tax  collector  as  fees  for 
collecting  licenses  in  counties  of  this  class. 

Sec.  215.  The  salaries  and  fees  provided  in  this 
act  shall  be  in  full  compensation  for  all  services  of 
every  kind  and  description  rendered  by  the  offi- 
cers herein  named,  either  as  officers  or  ex  officio 
officers,  their  deputies  and  assistants,  unless  in 
this  act  otherwise  provided,  and  all  deputies  em- 
ployed shall  be  paid  by  their  principals  out  of  the 
salaries  hereinbefore  provided,  unless  in  this  act 
otherwise  provided;  provided,  and  except  that 
where  an  assistant  district  attorney  has  been  here- 
tofore appointed  in  any  county,  either  under  the 
provisions  of  subdivision  thirty-six  of  section 
twenty-five,  or  under  any  other  provisions  of  an 
act  entitled  "An  act  to  establish  a  uniform  system 


246  County  Government. 

of  county  and  township  government,"  approved 
March  twenty-fourth,  eighteen  hundred  and  nine- 
ty-three, and  such  assistant  is  continued  by  the 
provisions  of  this  act,  either  as  an  assistant  or 
deputy  in  such  county,  then  such  deputy  or  assist- 
ant shall  be  paid  out  of  the  funds  of  such  county, 
as  heretofore  or  herein  provided,  the  assessor  shall 
be  entitled  to  receive  and  retain  for  his  own  use 
six  per  cent  on  personal  property  tax  collected  by 
him  as  authorized  by  section  thirty-eight  hundred 
and  twenty  of  the  Political  Code,  and  fifteen  per 
cent  of  all  amounts  collected  by  him  for  poll  taxes, 
and  road  poll  taxes,  and  also  five  dollars  per  hun- 
dred names  of  persons  returned  by  him  as  subject 
to  military  duty,  as  provided  in  section  nineteen 
hundred  and  one  of  the  Political  Code,  and  the  li- 
cense collector  shall  be  entitled  to  receive  and  re- 
tain for  his  own  use  ten  per  cent  on  all  licenses 
collected  by  him,  except  where  otherwise  provided 
in  this  act;  provided,  however,  that  in  counties, 
and  cities  and  counties  of  the  first,  second,  and 
third  class  the  assessor  shall  receive  no  commis- 
sion for  the  collection  of  taxes  on  personal  prop- 
erty, nor  shall  such  assessor  receive  any  compen- 
sation for  mailing  out  military  roll  of  persons  re- 
turned by  him  as  subject  to  military  duty  as  pro- 
vided by  section  nineteen  hundred  and  one  of  the 
Political  Code;  nor  shall  the  license  collector  in 
cities  and  counties  of  the  first  class  and  counties 
of  the  second  class  receive  any  commission  on 
licenses  collected  by  him;  provided,  that  in  any 
county  Avhere  the  number  of  judges  of  the  supe- 
rior court  shall  have  been  increased  since  the  first 
day  of  January,  eighteen  hundred  and  ninety- 
seven,  or  shall  hereafter  be  increased,  there  must 
be  and  there  hereby  is  allowed  to  the  sheriff  of 
such  county,  by  reason  of  such  increase,  one  ad- 
ditional deputy,  to  be  appointed  by  the  sheriff,  at 
a  salary  of  not  exceeding  twelve  hundred  dollars 
per  annum,  to  be  paid  at  the  same  time  and  in  the 
same  manner  as  other  county  officers  are  paid; 
and  also  there  must  be  and  is  hereby  allowed  to 
the  county  cleric  of  such  county,  one  additional 
deputy,  to  act  as  court-room  clerk,  for  each  judge 
so  appointed  or  elected,  at  a  salary  not  exceeding 
twelve  hundred  dollars  per  annum  for  each  of 
said  deputies,  to  be  paid  at  the  same  time  and  in 


County  Government.  247 

the  same  manner  as  other  county  officers  are  paid. 
The  board  of  supervisors  shall  allow  to  the  sheriff 
his  necessary  expenses  for  pursuing  criminals,  or 
transacting  any  criminal  business  without  the 
boundaries  of  his  county,  and  for  boarding  prison- 
ers in  the  county  Jail;  provided,  that  the  board  of 
supervisors  shall  fix  a  reasonable  price  at  which 
such  prisoners  shall  be  boarded,  if  not  otherwise 
provided  for  in  this  act;  provided  further,  that  the 
sheriff  shall  be  entitled  to  receive  and  retain  for 
his  own  use,  five  dollars  per  diem  for  conveying 
prisoners  to  and  from  the  state  prisons,  and  for 
conveying  persons  to  and  from  the  insane  asy- 
lums, or  other  state  institutions  not  otherwise  pro- 
vided for  by  law;  also,  all  expenses  necessarily 
incurred  in  conveying  insane  persons  to  and  from 
the  insane  asylums,  and  in  conveying  persons  to 
and  from  the  state  prisons,  or  other  state  institu- 
tions, which  per  diem  and  expenses  shall  be  allow- 
ed by  the  board  of  examiners,  and  collected  from 
the  state.  The  court  shall  also  allow  the  sheriff 
his  necessary  expenses  in  keeping  and  preserving 
property  seized  on  attachment  or  executions,  to 
be  paid' out  of  the  fees  collected  in  the  action.  The 
sheriff  may  retain  for  his  own  use  the  mileage  for 
service  of  papers  or  process  issued  by  any  court 
of  the  state  outside  of  his  own  county. 

FEES    TO     BE     PAID     INTO     THE     COUNTY 
TREASURY. 

Sec.  216.  All  salaried  officers  of  the  several 
counties  of  this  state  shall  charge  and  collect  for 
the  use  of  their  respective  counties,  and  pay  into 
the  county  treasury,  on  the  first  Monday  in  each 
month,  the  fees  now  or  hereafter  allowed  by  law 
in  all  cases,  except  where  such  fees,  or  a  percent- 
age thereof,  is  allowed  such  officers,  and  except- 
ing also  such  fees  as  are  a  charge  against  the 
county. 

FEE  BOOK. 

Sec.  217.  Each  of  the  officers  authorized  to  re- 
ceive fees  under  the  provisions  of  this  act  must 
keep  a  fee  book,  open  to  the  public  inspection 
during  office  hours,  in  which  must  be  entered,  at 


248  County  GoTerument. 

once  and  in  detail,  all  fees  or  compensation,  of 
whatever  nature,  Ivind,  or  description,  collected  or 
chargeable.  On  the  first  Monday  of  each  and 
every  month,  the  otRcer  must  add  up  each  col- 
umn in  his  book  to  the  first  day  of  the  month,  and 
set  down  the  totals.  On  the  expiration  of  the 
term  of  such  officer,  he  must  deliver  all  fee  books 
kept  by  him  to  the  county  auditor. 

STATEMENT  OF  FEES. 

Sec.  238.  The  fees  and  compensation  collected 
and  chargeable  for  the  county  in  each  month  shall 
be  paid  to  the  county  treasurer  on  the  first  Mon- 
day in  the  following  month,  and  must  be  accom- 
panied by  a  statement  of  tlie  aggregate  amount 
thereof,  as  shown  by  the  fee  book,  duly  verified 
by  the  officer  making  such  payment.  The  affida- 
vit shall  be  in  the  following  form:  "I,  A.  B., 
county  clerk  (or  other  officer,  as  the  case  may  be), 
do  swear  that  the  fee  book  in  my  office  contains 
a  true  statement  in  detail  of  all  fees  and  compen- 
sation of  every  kind  and  nature  for  official  services 
rendered  by  me,  my  deputies,  and  assistants,  for 

the  month  of ,  A.  D. ,  and  that  said  fee 

boolv  shows  a  full  amount  received  or  chargeable 
in  said  month,  and  since  my  last  monthly  pay- 
ment; and  neither  myself,  nor  to  my  knowledge  or 
belief,  any  of  my  deputies  or  assistants  have  ren- 
dered any  official  service,  except  for  the  county, 
which  is  not  fully  set  out  in  said  fee  book,  and 
that  the  foregoing  statement  thereof  is  true  and 
correct." 

The  treasurer  shall  file  and  preserve  in  his  office 
said  statements  and  affidavit. 

SALARY  FUND. 

Sec.  219.  For  the  purpose  of  paying  the  salaries 
provided  for  in  this  act,  all  fees  directed  to  be 
paid  into  the  county  treasury  shall  be  set  apart 
therein  as  a  separate  fund,  to  be  known  as  the 
salary  fund,  to  be  applied  to  the  payment  of  said 
salaries.  Should  the  amount  received  from  such 
"source  bo  insutiicient,  it  shall  be  the  duty  of  the 
county  treasurer  from  time  to  time  to  transfer  to 
said  fund  from  the  general  fund  of  the  county 


County  Government.  249 

such  sums  as  may  be  necessary  to  pay  said  sala- 
ries as  they  become  due. 

SALARIES-HOW  PAID. 

Sec.  220.  The  salaries  of  such  officers  named 
in  this  act  as  are  entitled  to  salaries  shall  be  paid 
monthly  out  of  the  county  treasury;  and  it  shall 
be  the  duty  of  the  auditor,  on  the  first  Monday 
of  each  and  every  month,  to  draw  his  warrant 
upon  the  county  treasurer  in  favor  of  each  of  said 
officers  for  the  amount  of  salary  due  him  under 
the  provisions  of  this  act  for  the  preceding  month; 
except  that  one-half  of  the  annual  salary  of  the 
assessor  shall  be  paid  to  him  in  equal  monthly  in- 
stallments for  the  months  of  March,  April,  May, 
and  June,  and  one-half  in  equal  monthly  install- 
ments for  the  remaining  eight  months  of  the  year. 
The  treasurer  shall  pay  said  warrants  on  presenta- 
tion out  of  the  salary  fund  of  the  county  treasury. 

STATEMENT     OF     FEES     MUST     PRECEDE 
WARRANT   FOR   SALARY. 

Sec.  221.  The  auditor  shall  not  draw  his  war- 
rant for  the  salary  of  any  such  officer  for  any 
month  until  the  latter  shall  first  have  presented 
him  with  the  certificate  of  the  county  treasurer, 
showing  that  he  has  made  the  statement  and  set- 
tlement for  that  month  required  in  this  act. 

OFFIClAIi  SERVICES  AND  FEES. 

Sec.  222.  The  officers  mentioned  in  this  act  are 
not  in  any  case,  except  for  the  state  or  county,  to 
perform  any  official  services,  unless  upon  the  pre- 
payment of  fees  prescribed  for  such  services,  ex- 
cept in  cases  on  habeas  corpus  and  for  naturaliza- 
tion, and  on  such  payment  the  officer  must  per- 
form the  services  required.  For  every  failure,  or 
refusal  to  perform  official  duty  when  the  fees  are 
tendered,  the  officer  is  liable  on  his  official  bond. 

ACCOUNT  AND  RECEIPT  FOR  FEES. 

Sec.  223.  Every  officer,  upon  receiving  any  fees 
for  official  duty    or  service,    may  be    required  by 


250  County  Goyernment. 

the  person  paying  the  same  to  make  out,  in  writ- 
ing, and  deliver  to  such  person  a  particular  ac- 
count of  such  fees,  specifying  for  what  they,  re- 
spectively, accrued,  and  shall  receipt  the  same; 
and  if  he  refuse  or  neglect  to  do  so  when  required, 
he  shall  be  liable  to  the  party  paying  the  same  in 
treble  the  amount  so  paid. 

POSTER  OF  FEES  OF  JUSTICES. 

Sec.  224.  It  shall  be  the  duty  of  each  justice 
of  the  peace  to  prepare,  and  keep  posted  in  a  con- 
spicuous place  in  his  office,  a  plain  and  legible 
statement  of  the  fees  allowed  by  law  to  justices  of 
the  peace  and  constables,  upon  pain  of  forfeiting, 
for  failure  so  to  do,  fifty  dollars,  to  be  recovered, 
with  costs,  by  any  person,  before  any  other  jus 
tice  of  the  peace  of  the  county. 

ILLEGAL  FEES. 

Sec.  225.  The  board  of  supervisors,  upon  receiv- 
ing a  certified  copy  of  the  record  of  conviction  of 
any  officer  for  receiving  illegal  fees,  must  declare 
his  office  vacant. 

SERVICES  PERFORMED  BY  SUCCESSOR. 

Sec.  220.  It  shall  be  the  duty  of  all  officers  in 
this  act  named  to  complete  the  business  of  their 
respective  offices  to  the  time  of  the  expiration  of 
their  respective  terms;  and  in  case  any  officer  at 
the  close  of  his  term  shall  leave  to  his  successor 
official  labor  to  be  performed,  which  it  was  his 
duty  to  perform,  he  shall  be  liable  to  pay  to  his 
successor  the  full  value  for  such  services. 

NO  FEES  ON  HABEAS  CORPUS. 

Sec.  227.  No  fee  or  compensation  of  any  kind 
must  be  charged  or  received  by  any  officer  for 
duties  performed  or  services  rendered  in  proceed- 
ings upon  habeas  corpus  or  naturalization,  nor  for 
administering  or  certifying  the  oath  of  office,  nor 
fees  or  other  compensation  shall  be  paid  for  ser- 
vice rendered  in  an  affidavit  or  application  relating 
to  the  securing  of  n  pension  or  the  payment  of  a 


County  Government.  251 

pension  voucher,  or  any  matter  relating  thereto, 
nor  tiling  nor  swearing  to  any  claim  or  demand 
against  any  county  in  this  state. 
Sec.  228.    The  following  are  county  charges: 

1.  Charges  incurred  against  the  county  by  vir- 
tue of  any  of  the  provisions  of  this  act. 

2.  The  traveling  and  other  personal  expenses 
of  the  district  attorney,  incurred  in  criminal  cases 
arising  in  the  county,  and  in  civil  actions  and  pro- 
ceedings in  which  the  county  is  interested,  and  all 
other  expenses  necessarily  incurred  by  him  in  the 
detection  of  crime  and  prosecution  of  criminal 
cases,  and  in  civil  actions  and  proceedings  and  all 
other  matters  in  wliich  the  county  is  interested. 

3.  The  expenses  necessarily  incurred  in  the 
support  of  persons  charged  with  or  convicted  of 
crime  and  committed  therefor  to  the  county  jail. 

4.  The  sums  required  by  law  to  be  paid  to  the 
grand  and  trial  jurors  and  witnesses  in  criminal 
cases. 

5.  The  accounts  of  the  coroner  of  the  county 
for  such  services  as  are  not  provided  to  be  paid 
otherwise. 

6.  All  charges  and  accounts  for  services  ren- 
dered by  any  justice  of  the  peace  in  the  examina- 
tion or  trial  of  persons  charged  with  crime,  not 
otherwise  provided  for  and  allowed  by  law. 

7.  The  necessary  expenses  incurred  in  the  sup- 
port of  the  county  hospitals,  poorhouses,  and  the 
indigent  sick  and  otherwise  dependent  poor,  whose 
support  is  chargeable  to  the  county. 

8.  The  contingent  expenses  necessarily  incurred 
for  the  use  and  benefit  of  the  county. 

9.  Every  other  sum  directed  by  law  to  be  raised 
for  any  county  purpose  under  the  direction  of  the 
board  of  supervisors,  or  declared  to  be  a  county 
charge. 

10.  The  fees  of  constables  in  criminal  cases  al- 
lowed by  law. 

COST  OF  CRIMINAL  ACTIONS  ON  REMOVAL. 

Sec.  229.  When  a  criminal  action  is  removed 
before  trial,  the  costs  accruing  upon  such  removal 
and  trial  shall  be  a  charge  against  the  county  in 
which  the  indictment  or  information  was  found. 


252  County  Government. 


COSTS  ON  REMOVAL— HOW  CERTIFIED  AND 
PAID. 

Sec.  230.  The  clerk  of  the  county  to  which  such 
action  is  renr-^ved  sliall  certify  the  amount  of  costs 
allowed  and  certified  by  the  court  to  the  auditor 
of  his  county,  and  such  auditor  shall  audit  the 
same  and  draw  his  warrant  therefor  upon  the 
treasury  of  the  county  from  which  such  action 
was  removed;  and  such  auditor  shall  forward  to 
said  treasurer  and  auditor  of  the  county  from 
which  said  action  was  transferred,  as  aforesaid, 
a  certified  copy  of  the  total  amount  of  costs  allow- 
ed by  the  court,  giving  each  item  as  certified  to 
him  by  the  county  clerk  and  the  court;  and  the 
auditor  receiving  such  certified  copy  of  said  costs 
allowed  shall  enter  the  same  in  his  book  as  a 
charge  against  the  treasury  of  his  county;  and 
the  county  treasurer  of  the  county  from  which 
said  action  was  removed  must,  immediately  upon 
presentation,  pay  said  warrant  out  of  the  general 
fund  of  said  county;  or,  if  at  the  date  of  presenta- 
tion there  is  not  sufficient  money  in  the  said  gen- 
eral fund  to  pay  the  same,  he  must  indorse  upon 
said  warrant,  "Not  paid  for  want  of  funds,"  and 
said  warrant  must  be  registered,  and  shall  draw 
interest  at  the  same  rate,  and  be  paid  in  the  same 
manner,  as  though  it  had  been  drawn  by  the  au- 
ditor of  the  county  where  the  indictment  was 
found. 

Sec.  231.  Counties  created  or  organized  after 
the  passage  and  approval  of  this  act  shall  imme- 
diately come  under  and  be  governed  by  its  pro- 
visions, so  far  as  the  same  are  applicable  there- 
to. When  the  population  of  any  existing  county 
shall  have  been  reduced,  by  reason  of  the  crea- 
tion of  any  new  county  from  the  territory  thereof, 
below  the  class  and  rank  first  assumed  hereunder, 
it  shall  be  the  duty  of  the  board  of  supervisors  of 
such  county  to  designate  by  order  the  class  to 
which  such  county  has  been  reduced  by  reason 
thereof,  and  such  county  shall  thereafter  enter  the 
list  of  such  class;  provided,  that  the  salary  of 
county  officers  sliall  not  be  affected  by  reason  of 
such  division  of  the  county  or  order  of  the  board, 
for  the  term  for  which  they  were  elected  and  qual- 


Courts— Coyote  Scalps.  253 

ified.  In  any  newly  created  county,  for  the  pur- 
pose of  fixing  the  salaries  and  fees  of  county  and 
township  offices,  the  board  of  commissioners  ap- 
pointed to  organize  said  new  county,  and  if  no 
commissioners  be  appointed,  then  the  board  of 
supervisors  of  said  new  county,  shall  classify  said 
new  county  according  to  the  population  classifica- 
tion of  this  act.  In  each  case  the  population  shall 
be  numerically  fixed,  and  when  so  fixed  shall  be 
certified  to  the  secretary  of  state  by  the  board 
fixing  the  same. 

Sec.  232.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 

Sec.  233.  The  provisions  of  sections  one  hundred 
and  fifty-eight  to  two  hundred  and  fourteen,  in- 
clusive, of  this  act,  so  far  as  they  change  the 
compensation  of  any  officer  therein  named,  here- 
tofore paid  a  fixed  salary,  or  heretofore  paid  a 
fixed  salary  and  commissions,  and  not  fees  or  per 
diem,  shall  not  affect  incumbents,  unless  other- 
wise provided  in  any  of  said  sections. 

Sec.  234.  This  act,  except  as  otherwise  herein 
provided,  shall  take  effect  and  be  in  force  sixty 
days  from  and  after  its  passage. 


TITLE  62. 

COURTS. 

Acts  relating  to:  See  Code  of  Civil  Procedure,  Ap- 
pendix, titles.  Courts,  p.  790  et  seq.;  Process,  p. 
864. 


TITLE  63. 
COYOTE  SCALPS. 

An  act  fixing  a  bounty  on  coyote  scalps. 

[Approved  March  31,  1891;  Stats.  1891,  p.  280.] 

This  act  was  repealed  by  the  following  act: 
Gen.  Laws— 22. 


254  Cruelty  to  Children. 


An  act  to  repeal  an  act  entitled  "An  act  fixing  a 
bounty  on  coj^ote  scalps,"  approved  March  31, 
1891. 

[Approved  January  24,  1895;  Stats.  1895,  chap.  1. 
In  effect  immediately.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  An  act  entitled  "An  act  fixing  a 
bounty  on  coyote  scalps,"  approved  March  thirty- 
first,  eighteen  hundred  and  ninety-one,  is  hereby 
expressly  repealed. 

Sec.  2.    This  act  shall  take  effect  immediately. 


TITLE  64. 

CRUELTY  TO  ANIMALS. 

The  Political  Code,  sec.  19,  also  the  Penal  Code, 
eec.  23,  expressly  retained  in  force  "An  act  for  the 
more  effectual  prevention  of  cruelty  to  animals,  ap- 
proved March  30,  1808";  amended  March  15.  1872; 
1871-2,  393;  but  it  was  afterwards  repealed  by  the 
following  act: 

An  act  for  the  more  effectual  prevention  of  cruelty 
to  animals. 
[Approved  March  20,  1874;  1873-4,  499.] 
This  act  can  be  found  in  the  Appendix  to  the 
Penal  Code,  p.  506. 


TITLE  65. 
CRUELTY  TO  CHILDREN. 

An  act  for  the  incorporation  of  societies  for  the 

prevention  of  cruelty  to  children. 

[Approved  April  3,  1876;  1875-6,  830.] 

This  act  can  be  found  in  the  Appendix  to  the 
Penal  Code,  p.  570. 


Deaf.  Dumb,  and  Blind.  255 

TITLE  66. 

DEAF,  DUMB,  AND  BLIND. 

A  reference  to  the  acts  relating  to  this  subject 
can  be  found  in  Deering's  Annotated  Political 
Code  under  section  2282.  In  addition  to  those 
there  referred  to,  consult  the  following: 

An  act  to  provide  for  certain  improvements  at 
the  deaf,  dumb,  and  blind  asylum. 
[Approved  March  4,  1887;  1887,  16.] 
The  act  appropriated  thirty-four  thousand  five 

hundred  dollars  for  the  purpose  indicated. 

An  act  to  provide  improvements  for  the  deaf, 
dumb,  and  blind  asylum,  and  making  an  ap- 
propriation for  the  same. 

[Approved  March  16,  1889;  1889,  303.] 
The  act  appropriated  seventy-nine  thousand  five 
hundred  dollars  for  the  purpose  indicated. 

An  act  to  provide  for  the  completion  and  equip- 
ment of  the  deaf  and  dumb  and  blind  asylum, 
and  to  make  an  appropriation  therefor. 
[Approved  March  23,  1893;  Stats.  1893,  p.  292.] 
The   act  appropriated   $63,500  for  the   purpose 
indicated. 

An  act  to  appropriate  money  to  pay  the  directors 
of  the  California  Institute  for  the  Deaf,  Dumb, 
and  Blind,   for  the  grading     and     paving  of 
Dwight  Way,  in  front  of  the  lands  of  the  In- 
stitute for  the  Deaf,  Dumb,  and     Blind,     of 
Berkeley,     California,     which     work  was  per- 
formed and  materials  furnished  under  a  con- 
tract with   Guy   H.   Chick,   superintendent  of 
streets   of  the   town   of   Berkeley,    California, 
his  authority  having  been  acquired  under  the 
general  street  law  of  this  state. 
[Stat,  approved  March  31,  1897;  Stats.  1897,  chap, 
ccxxxvii.] 
Four  hundred  and  eighty-seven  dollars  was  ap- 
propriated for  this  purpose. 


256  Deeds— Dentistry. 

An  act  to  confer  certain  powers  upon  the  directors 
of  the  deaf,  dumb,  and  blind  asylum. 
[Approved  April  1,  1876;  1875-6,  686.] 
The  act  conferred  power  to  invest  money  be- 
queathed to  the  asylum  in  accordance  with  the 
wishes  of  the  donor. 


TITLE  67. 

DEEDS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Deeds,  p.  765. 


TITLE  68. 

DEL  NORTE  COUNTY. 

A  reference  to  special  acts  relating  to  Del  Norte 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  p.  462. 

TITLE  69. 
DENTISTRY. 

An  act  to  insure  the  better  education  of  practi- 
tioners of  dental  surgery,  and  to  regulate  the 
practice  of  dentistry  in  the  state  of  California. 

[Approved  March  12,  1885;  1885,  110.] 

Practice  of  dentistry. 

Section  1.  It  shall  be  unlawful  for  any  person 
who  is  not  at  the  time  of  the  passage  of  this  act 
engaged  in  the  practice  of  dentistry  in  this  state  to 
commence  such  practice,  unless  he  or  she  shall 
have  obtained  a  certificate  as  hereinafter  provided. 
Board  of  examiners. 

Sec.  2.  A  board  of  examiners,  to  consist  of 
seven  practicing  dentists,  is  hereby  created,  whose 
duty  it  shall  be  to  carry  out  the  purposes  and  en- 


Dentistry.  257 

force  the  Drovisions  of  this  act.  The  members  of 
said  board  shall  be  appointed  by  the  governor 
from  the  dental  profession  of  the  state  at  large. 
The  term  for  which  the  members  of  said  board 
shall  hold  their  otfices  shall  be  four  years,  except 
that  two  of  the  members  of  the  board,  first  to  be 
appointed  under  this  act,  shall  hold  their  office  for 
the  term  of  one  year,  two  for  the  term  of  two 
years,  two  for  the  term  of  three  years,  and  one  for 
the  term  of  four  years,  respectively,  and  until 
their  successors  shall  be  duly  appointed  and  quali- 
fied. In  case  of  a  vacancy  occurring  in  said 
board,  such  vacancy  shall  be  filled  by  the  governor 
in  conformity  with  this  section. 
Officers,  quorum. 

Sec.  3.  Said  board  shall  choose  one  of  its  mem- 
bers president,  and  one  the  secretary  thereof,  and 
it  shall  meet  at  least  once  in  each  year,  and  as 
much  oftener  and  at  such  times  and  places  as  it 
may  deem  necessary.  A  majority  of  said  board 
shall  at  all  times  constitute  a  quorum,  and  the 
proceedings  thereof  shall  at  all  reasonable  times 
be  open  to  public  inspection. 
Registration  by  dentists. 

Sec.  4.  Within  six  months  from  the  time  that 
this  act  takes  effect,  it  shall  be  the  duty  of  every 
person  who  is  now  engaged  in  the  practice  of  den- 
tistry in  this  state  to  cause  his  or  her  name  and 
residence  or  place  of  business  to  be  registered 
with  said  board  of  examiners,  who  shall  lieep  a 
boolv  for  that  purpose.  The  statement  of  every 
such  person  shall  be  verified  under  oath  before  a 
notary  public  or  justice  of  the  peace,  in  such  man- 
ner as  may  be  prescribed  by  the  board  of  exam- 
iners. Every  person  who  shall  so  register  with 
said  board  as  a  practitioner  of  dentistry  shall  re- 
ceive a  certificate  to  that  effect,  and  may  con- 
tinue to  practice  as  such  without  incurring  any  of 
the  liabilities  or  penalties  provided  in  this  act,  and 
shall  pay  to  the  board  of  examiners  for  such  regis- 
tration a  fee  of  one  dollar.  It  shall  be  the  duty  of 
the  board  of  examiners  to  forward  to  the  county 
clerk  of  each  county  in  the  state  a  certified  list  of 
the  names  of  all  persons  residing  in  his  county 
who  have  registered  in  accordance  with  the  pro- 
visions of  this  act,  and  it  shall  be  the  duty  of  all 
county  clerks  to  register  such  names  in  a  book,  to 
be  kept  for  that  purpose. 


258  Dentistry. 

Certificates  to  practice  dentistry. 

Sec.  5.  Any  and  all  persons  who  shall  so  de- 
sire may  appear  before  said  board  at  any  of  its 
regular  meetings  and  be  examined  with  reference 
to  their  linowledge  and  skill  in  dental  surgery, 
and  if  the  examination  of  any  such  person  or  per- 
sons shall  prove  satisfactory  to  said  board,  the 
board  of  examiners  shall  issue  to  such  persons  as 
they  shall  find  to  possess  the  requisite  qualifica- 
tions a  certificate  to  that  effect,  in  accordance  with 
the  provisions  of  this  act.  Said  board  shall  also 
indorse  as  satisfactory  diplomas  from  any  reputa- 
ble dental  college,  when  satisfied  of  the  character 
of  such  institution,  upon  the  holder  furnishing  evi- 
dence satisfactory  to  the  board  of  his  or  her  right 
to  the  same,  and  shall  issue  certificates  to  that  ef- 
fect within  ten  days  thereafter.  All  certificates 
issued  by  said  board  shall  be  signed  by  its  oflB- 
cers,  and  such  certificates  shall  be  prima  facie  evi- 
dence of  the  right  of  the  holder  to  practice  den- 
tistry in  tlie  state  of  California. 
Violation. 

Sec.  6.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  fifty  dollars  nor  more  than  two  hun- 
dred dollars,  or  confined  in  the  county  jail  six 
months  for  each  and  every  offense.  All  fines  re- 
covered and  collected  under  this  act  shall  be  dis- 
tributed, one-half  to  the  informer,  and  the  other 
half  be  paid  into  the  common  school  fund  of  the 
county  in  which  the  conviction  takes  place. 
[Amendment  approved  March  3,  1893;  Stats.  1893, 
p.  70.  In  effect  immediately.] 
Examination  fee. 

Sec.  7.  In  order  to  provide  the  means  for  car- 
rying out  and  maintaining  the  provisions  of  this 
act,  the  said  board  of  examiners  shall  charge  each 
person  applying  to  or  appearing  before  them  for 
examination  for  a  certificate  of  qualifications  a 
fee  of  ten  dollars,  which  fee  shall  in  no  case  be 
returned,  and  out  of  the  funds  coming  into  the 
possession  of  the  board  from  the  fees  so  charged, 
and  penalties  received  under  the  provisions  of  this 
act,  all  legitimate  and  necessary  expenses  incur- 
red in  attending  the  meetings  of  said  board  shall 
be  paid.     And  no  part  of     the  expenses  of     the 


Deutistry.  259 

board  shall  ever  be  paid  out  of  the  state  treasury. 
All  moneys  received  in  excess  of  expense  above 
provided  for  shall  be  held  by  the  secretary  of  said 
board  as  a  special  fund  for  meeting  the  expenses 
of  said  board,  and  carrying  out  the  provisions  of 
this  act,  he  giving  such  bonds  as  the  board  shall 
from  time  to  time  direct.  And  said  board  shall 
malie  an  annual  report  of  its  proceedings  to  the 
governor  by  the  first  of  December  of  each  year, 
together  with  an  account  of  all  moneys  received 
and  disbursed  by  them  pursuant  to  this  act. 
Registering  certificate. 

Sec.  8.  Any  person  who  shall  receive  a  certifi- 
cate from  said  board  to  practice  dentistry  shall 
cause  his  or  her  certificate  to  be  registered  with 
the  county  clerk  of  the  county  in  which  such  per- 
son may  reside,  and  the  county  clerli  shall  charge 
for  registering  such  certificate  a  fee  of  one  dollar. 
Any  failure,  neglect,  or  refusal  on  the  part  of  any 
person  holding  such  certificate  to  register  the 
same  with  the  county  clerk  as  above  directed,  for 
a  period  of  six  months,  shall  work  a  forfeiture  of 
the  certificate,  and  no  certificate  when  once  for- 
feited shall  be  restored,  except  upon  the  payment 
to  the  said  board  of  examiners  of  the  sum  of  twen- 
ty-five dollars,  as  a  penalty  for  such  neglect,  fail- 
ure, or  refusal. 
Falsely  pretending  to  hold  license. 

Sec.  9.  Any  person  who  shall  knowingly  and 
falsely  claim  or  pretend  to  have  or  hold  a  certifi- 
cate of  license,  diploma,  or  degree,  granted  by  any 
society  organized  under  and  pursuant  to  the  pro- 
visions of  this  act,  or  who  shall  falsely,  or  with 
intent  to  deceive  the  public,  claim  or  pretend  to 
be  a  graduate  from  any  incorporated  dental  col- 
lege, shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  the  same  penalty  as  provided 
in  section  six. 
Physicians  may  extract  teeth. 

Sec.  10.  Nothing  in  this  act  shall  be  so  con- 
strued as  to  prohibit  any  practicing  physician 
from  extracting  teeth. 

Sec.  11.    This  act  shall  take  effect  immediately. 


2«0  District  Attorneys— Ditches. 


TITLE  70. 

DISTRICT  ATTORNEYS. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title,  District  Attorneys,  p.  960. 


TITLE  71. 

DITCHES. 

An  act  for  the  protection  of  the  owners  of  ditches 
and  flumes. 

[Approved  March  16,  1889;  1889,  202. J 

Joint  liability  of  owners  of  ditch  or  flume. 

Section  1.  When  two  or  more  persons  are  asso- 
ciated by  agreement  in  the  use  of  a  ditch  or  flume, 
or  are  using  for  the  irrigation  of  land  a  ditch  or 
flume,  to  the  construction  of  which  they  or  their 
grantors  have  contributed,  each  of  them  shall  be 
liable  to  the  other  for  the  reasonable  expense  of 
maintaining  and  repairing  the  same  in  proportion 
to  the  share  in  the  use  of  the  water  to  which  he 
is  entitled. 
Action  for  refusal  to  pay  proportional  expense. 

Sec.  2.  If  any  of  them  refuse  or  neglect,  after 
demand  in  writing,  to  pay  his  proportion  of  such 
expenses,  he  shall  be  liable  therefor  in  an  action 
for  contribution  in  the  nature  of  an  action  on  the 
case,  and  in  any  judgment  obtained  against  him, 
interest  from  the  time  of  such  demand,  at  the  rate 
of  two  per  cent  per  month  may  be  included. 
Willful  appropriation  a  misdemeanor. 

Sec.  3.  If  any  of  them  willfully  appropriate  to 
his  own  use  more  than  his  proportionate  share  of 
the  water  from  such  ditch  or  flume,  to  the  detri- 
ment of  his  associates,  or  any  of  them,  he  shall  be 
liable  in  damages  in  treble  the  value  of  the  water 
so  appropriated  in  excess  of  his  proper  share. 


Dogs.  261 

Actions,  how  brought. 

Sec.  4.  The  actions  provided  for  in  sections  two 
and  three  may  be  brought  by  any  or  either  of  the 
parties  injured,  and  may  be  joint  or  several. 

Sec.  5.  This  act  shall  take  effect  from  and  after 
its  passage. 


TITLE  72. 

DOGS. 

Dogs  killing  sheep,  liability  for:  See  post,  Sheep. 

An  act  to  protect  sheep  and  Cashmere  and  An- 
gora goats  against  the  ravages  of  dogs. 

[Approved  March  13,  1866;  1865-6,  225.] 

Dog  tax. 

Section  1.  Every  owner,  claimant,  or  keeper  of 
a  dog  or  dogs  of  the  age  of  four  months  or  over, 
shall  hereafter  pay  an  annual  tax  on  all  dogs 
owned,  claimed,  or  kept  by  him  or  her;  for  the 
first  male  dog,  one  dollar;  for  every  additional 
male  dog,  two  dollars;  and  for  every  female  dog, 
three  dollars. 
Collection. 

Sec.  2.  It  shall  be  the  duty  of  the  county,  dis- 
trict, or  township  assessors,  as  the  case  may  be,  at 
the  time  of  making  their  annual  assessment  of 
real  estate  and  personal  property,  to  ascertain  by 
diligent  inquiry  and  examination  the  names  of 
all  persons  owning,  claiming,  or  keeping  any  dog 
or  dogs,  and  they  shall  assess  all  such  dogs  in  the 
amounts  respectively,  as  provided  in  the  first  sec- 
tion of  this  act,  to  the  person  or  persons  own- 
ing, claiming,  or  keeping  the  same,  and  shall  make 
lists  and  delivery  thereof  on  their  annual  tax 
lists  or  assessment  rolls  at  the  same  time  and  in 
the  same  manner  as  their  lists  and  delivery  of  oth- 
er personal  property  are  made  and  delivered;  and 
the  proper  officers  are  hereby  empowered  and  re- 
quired to  collect  such  tax  on  dogs  in  the  same 
mode  and  manner  as  other  taxes  are  collected,  and 
to  pay  over  the  same  into  the  county  school  fund. 


262  Dogs. 

Ownership. 

Sec.  3.  Every  dog  kept  or  staying  at  any  house 
shall  be  deemed  sufficient  evidence  of  ownership 
to  authorize  the  assessor  to  return  the  person  in- 
habiting the  house  as  the  owner  of  such  dog;  and 
any  person  sending  his  or  her  dog  from  house  to 
house  or  from  place  to  place  in  order  to  evade  said 
tax  shall  pay  double  rates  therefor;  and  every 
dog  not  so  returned  shall  be  deemed  to  have  no 
owner,  and  may  be  lawfully  killed  by  any  person 
seeing  the  same  running  at  large. 
Damages. 

Sec.  4.  The  owner  or  owners  of  any  dog  or 
dogs  which  shall  worry,  wound,  or  kill  any  sheep. 
Cashmere  or  Angora  goats,  shall  be  liable  to  the 
owner  or  possessor  of  such  sheep,  goat  or  goats, 
for  the  damages  and  costs  of  suit,  to  be  recovered 
before  any  court  having  jurisdiction  in  the  case. 
Killing. 

Sec.  5.  Any  person  finding  any  dog  or  dogs,  not 
on  the  premises  of  its  owner,  worrying,  wounding, 
or  killing  any  sheep,  or  Cashmere  or  Angora 
goats,  may  kill  the  same,  and  the  owner  thereof 
shall  sustain  no  action  for  damages  against  any 
person  so  killing  any  dog  or  dogs  under  such  cir- 
cumstances. 


The  following  special  and  local  acts  were  pass- 
ed in  1878:  An  act  to  repeal  an  act  entitled  an 
act  restricting  the  herding  of  sheep  to  certain  pas- 
tures in  the  counties  of  Sonoma  and  Marin,  pass- 
ed April  21,  1857,  and  the  acts  amendatory  thereof, 
so  far  as  they  relate  to  the  counties  of  Mendo- 
cino and  Humboldt,  approved  February  14,  1878; 
1877-8,  79. 


An  act  restricting  the  herding  of  sheep  to  cer- 
tain pastures  in  the  county  of  Modoc,  approved 
March  14,  1878;  1877-8,  241. 


An  act  to  prevent  sheep  and  goats  from  being 
herded  or  running  at  large  in  certain  portions  of 
Lake  county,  approved  March  29,  1878;  1877-8, 
685. 


Donations— Drainage.  263 


TITLE  73. 

DONATIONS  TO  STATE,  COUNTY,  CITY,  OR 
TOWN. 

Consult  the  following  acts: 

An  act  to  provide  for  the  receipt  and  appropria- 
tion of  donations  to  the  state,  or  counties,  or 
cities  and  counties,  or  cities  or  towns  therein. 

[Approved  April  3,  1880;  1880,  20  (Ban.  ed.  106).] 


An  act  to  authorize  the  several  counties,  cities  and 
counties,  cities,  and  towns  of  this  state,  and 
the  officers  and  boards  of  officers  thereof,  to 
receive  property  by  gift,  bequest,  and  devise, 
and  to  hold,  manage,  and  dispose  of  such 
property,  and  the  income  and  increase  thereof. 

[Approved  February  10,  1881;  Stats.  1881,  2.] 


TITLE  74. 

DRAINAGE. 

An  act  to  provide  a  system  of  irrigation,  promote 
rapid  drainage,  and  improve  the  navigation 
of  the  Sacramento  and  San  Joaquin  rivers. 

[Approved  March  29,  1878;  1877-8,  634.] 

This  act  created  the  office  of  state  engineer  for 
the  period  of  two  years  and  prescribed  the  duties 
of  the  engineer.  It  was  amended  by  renewing 
the  office  each  session  of  the  legislature  up  to 
1889. 


264  Drainage. 


An  act  to  promote  drainage. 
[Approved  April  23,  1880;  1880, 123  (Ban.  ed.  389).} 

Board  of  drainage  commissioners. 

Section  1.  Tlie  governor,  surveyor  general,  and 
state  engineer  shall  be  ex  officio  members  of  and 
constitute  a  board  of  drainage  commissioners  to 
divide  tlie  state  into  several  drainage  districts, 
and  organize  the  same  as  hereinafter  provided. 
The  governor  shall  be  president  of  the  board,  and 
the  office  of  the  board  shall  be  in  the  state  engi- 
neer's office  at  the  state  capitol.  The  secretary  to 
the  state  engineer  shall  be  secretary  of  the  board. 
Report  of  state  engineer. 

Sec.  2.  Within  thirty  days  after  the  passage  of 
this  act,  or  as  soon  thereafter  as  may  be  practica- 
ble, the  state  engineer  shall  submit  to  said  board 
a  report  or  reports  containing  the  result  of  his  in- 
vestigations as  to  drainage,"  having  in  viev7  the 
control  of  debris  from  mining  and  other  opera- 
tions, the  improvement  and  rectification  of  river 
channels,  the  erection  of  embankments  or  dilies 
necessary  for  the  protection  of  lands,  towns,  or 
cities  from  inundation.  He  shall  also  make  special 
examinations  with  reference  to  the  division  of  the 
state  into  several  drainage  districts,  each  of  which 
shall  include  a  territory  drained  by  one  natural 
system  of  drainage,  and  shall  report  to  the  board 
of  drainage  commissioners  the  result  of  his  ex- 
aminations, and  shall  from  time  to  time  propose 
boundaries  for  such  districts  and  recommend  their 
formation. 
Board  to  consider  the  report. 

Sec.  3.  After  the  state  engineer  has  reported 
the  boundaries  and  recommended  the  formation 
of  one  or  more  drainage  districts,  the  board  shall 
proceed  to  consider  the  same,  and  may  adopt, 
amend,  or  reject  said  report;  but  if  adopted  by 
them,  either  in  the  original  form  or  amended,  they 
shall,  by  resolution  entered  upon  the  record  of 
their  proceedings,  declare  the  said  territory  to  be, 
and  the  same  shall  thereupon  become,  a  drainage 
district,  and  shall  be  known  as  drainage  district 
number  one,  two,  or  three,  etc.,  as  the  case  may 


Drainage.  205 

be,  numbering  the  districts  in  the  order  in  which 
they  are  formed;  and  they  shall  record,  in  a  bools 
to  be  kept  for  that  purpose,  the  boundaries,  which 
shall  be  clearly  defined,  with  map  accompanying 
of  each  separate  district,  its  number  and  date  of 
its  formation,  and  shall  file  for  record  with  the 
recorder  of  each  county  embraced,  or  in  part  em- 
braced, in  the  district,  a  copy  of  the  same,  which 
shall  be  deemed  sufficient  notice  of  the  formation 
of  said  district  to  all  county  officers,  and  to  all 
parties  concerned,  that  the  said  district  has  been 
formed. 
Board  of  directors— Term— Bond— Report. 

Sec.  4.  Within  ten  days  after  the  organization 
of  any  drainage  district  the  governor  shall  ap- 
point three  persons,  residents  of  the  district,  who 
shall  constitute  a  board  of  directors  for  the  dis- 
trict so  formed.  They  shall  hold  office  for  four 
yeaTs [unless  sooner  removed  for  cause  by  thegov- 
ernor],  and  until  their  successors  are  appointed 
and  qualified.  They  shall  organize  by  electing  one 
of  their  number  president,  and  shall  take  the 
usual  oath  of  office;  and  shall  each  give  a  bond  in 
the  sum  of  twenty-five  thousand  dollars  for  the 
faithful  performance  of  his  duties,  to  be  approved 
by  some  superior  judge  of  the  district,  and  filed 
with  the  board  of  drainage  commissioners.  They 
shall,  on  or  before  the  first  day  of  January  of  each 
year,  report  to  the  governor  all  their  proceedings, 
showing  the  amount  of  worlv  done  and  amount  of 
money  they  have  expended.  The  governor  shall 
transndt  the  same  to  the  legislature. 
Secretary— Assistant  engineer. 

Sec.  5.  The  board  of  directors  shall  appoint  a 
secretary,  and  have  an  office  in  the  district.  The 
secretary  shall  receive  a  salary  to  be  fixed  by  the 
directors,  not  exceeding  one  hundred  dollars  per 
month,  payable  out  of  the  construction  fund  of 
the  district;  and  his  term  of  office  shall  be  at  the 
pleasure  of  the  board  of  directors  of  such  district. 
(They  shall  also  appoint  an  assistant  engineer, 
who  shall  be  styled  resident  engineer,  and  whose 
duties  are  hereinafter  stated.) 
Vacancies— Salary. 

Sec.  6.    The  governor  shall  fill  all  vacancies  that 
may  occur  in  the  board  of  directors,  and  each  di- 
Gen.  Laws— 23. 


266  Drainage. 

rector  shall  receive  a  salary  of  one  hundred  dol- 
lars per  month,  payable  monthly  out  of  the  con- 
struction fund  of  the  district. 
Specifications,  plans,  etc. 

Sec.  7.  After  the  formation  of  any  territory 
into  a  drainage  district,  the  state  engineer,  as  soon 
as  practicable  after  proper  surveys  have  been 
made,  shall  submit  to  the  board  of  directors  of  the 
district  plans,  specifications,  and  estimates  of  the 
cost  of  the  works  necessary  in  said  district,  in  or- 
der to  secure  a  proper  system  of  drainage  therefor. 
The  report  shall  be  accompanied  by  the  concur- 
ring or  dissenting  opinion  of  the  consulting  en- 
gineer. 
Board  of  directors  may  adopt,  etc. 

Sec.  8.  After  the  report  of  the  state  engineer, 
as  aforesaid,  giving  plans,  specifications,  and  esti- 
mates of  the  cost  ot  the  works,  or  any  modifica- 
tions or  changes  thereof,  are  made  to  the  board 
of  directors  of  the  district,  the  board  shall  adopt, 
ameua,  or  rejecL  tiie  wiiole  or  any  portion  of  such 
plans,  or  may  refer  them  back  to  the  state  engi- 
neer for  furiner  report. 
Bids. 

Sec.  9.  After  the  adoption  of  the  plans  and 
specifications  of  the  work  to  be  done  in  the  dis- 
trict, the  board  of  directors  shall  advertise  for 
thirty  days,  in  three  newspapers  of  general  cir- 
culation published  therein,  for  bids  for  the  con- 
struction of  all  or  any  portion  of  the  works  em- 
braced in  said  plans;  the  said  notice  shall  state 
that  the  plans  and  specifications  of  said  works 
are  on  file  in  the  oflice  of  the  board  of  directors 
of  the  district,  and  can  there  be  examined  by  any 
person  who  may  so  desire;  and  shall  also  state 
that  it  will  be  unlawful  for  any  contractor  to  em- 
ploy any  Chinese  or  Mongolians  in  the  construc- 
tion of  such  works,  and  state  generally  the  terms 
and  time  in  which  the  work  shall  be  constructed, 
and  that  the  right  to  reject  any  and  all  bids  is  re- 
served by  said  board;  and  no  material  used  in  the 
construction  of  such  works  shall  be  purchased 
from  any  contractor  or  manufacturer  who  either 
directly  or  indirectly  employs  any  Chinese  or  Mon- 
golian labor. 


Drainage.  267 

Contracts. 

Sec.  10.  All  contracts  shall  be  awarded  to  the 
lowest  responsible  bidder  (if  his  bid  is  not  deemed 
by  the  board  too  high),  and  the  contractor  shall 
^ive  a  good  and  sutficient  bond  in  not  less  than 
iwenty-five  per  cent,  of  the  estimated  cost  of  the 
work  contracted  for;  the  bond,  both  as  to  its 
amount  and  the  sureties  thereon,  shall  be  subject 
to  the  approval  of  the  board  of  directors  of  the 
district,  and  when  so  approved  shall  be  filed  in 
the  office  of  said  board.  Any  members  of  the 
board  of  drainage  commissioners,  or  the  state  en- 
gineer, or  consulting  or  resident  engineer,  or  any 
superintendent  of  said  works,  or  any  employee  of 
the  board  of  drainage  commissioners,  any  mem- 
ber of  the  board  of  directors  of  any  drainage  dis- 
trict, or  any  employee  thereof,  or  of  the  state  en- 
gineer's department,  who  shall  be  interested  in 
any  contract  for  the  construction  of  any  such 
works  in  any  drainage  district,  shall  be  guilty  of 
a  felony.  If,  however,  any  emergency  shall  arise 
rendering  it  necessary,  in  the  judgment  of  said 
board  of  directors,  concurred  in  by  the  state  board 
of  drainage  commissioners,  for  the  protection  of 
works  already  completed,  that  immediate  repairs 
or  work  should  be  done,  the  said  directors  shall 
have  the  power  to  do  such  work  or  repairs  in  the 
manner  which  to  them  seems  most  advisable. 
Condemnation. 

Sec.  11.  The  board  of  directors  of  the  district 
may  condemn  the  right  of  way  for  any  work  nec- 
essary for  the  purpose  of  the  drainage  of  the  dis- 
trict; may  purchase  or  condemn  material  necessary 
for  the  work;  may  join,  connect  with,  enlarge,  or 
strengthen  any  works  already  constructed,  and 
may  condemn  such  lands  as  may  be  by  them 
deemed  necessary  for  reservoirs  for  storing  de- 
bris from  the  mines,  whether  the  same  be  within 
or  without  the  boundaries  of  the  district,  and  may 
provide  for  connecting  the  system  of  drainage  of 
one  district  with  that  of  another,  or  for  several 
districts;  and  it  is  hereby  declared  that  the  use 
of  the  property,  such  as  right  of  way  and  lands 
which  may  be  condemned,  taken,  or  appropriated 
under  the  provisions  of  this  act,  is  a  public  use, 
and  that  such  appropriation  is  for  the  public  bene- 
fit (provided,  that  they  shall  not  have  the  right 


268  Drainage. 

or  power  to  purchase  or  condemn  any  levee  or 

levees.) 

Same. 

Sec.  12.  Whenever  the  board  of  directors  of  any 
district  cannot  procure  from  the  owner  or  owners 
thereof,  without  purchase,  the  right  of  way  or 
material  needed  for  the  construction  of  levees  or 
reservoirs  (tor  the  storage  of  debris),  or  procure 
the  consent  to  join  or  connect  with  any  existing 
works,  or  procure  lands  necessary  for  the  con- 
struction and  completion  of  the  system  or  plan 
adopted,  the  said  board  of  directors  may,  in  the 
name  of  the  district,  proceed  to  condemn  the  same 
under  the  provisions  of  Title  VII,  Part  III,  of  the 
Code  of  Civil  Procedure,  and  amendments  thereto, 
which  are  now  existing  or  may  hereafter  be  made; 
provided,  that  cities  and  towns  having  levees  shall 
have  and  retain  the  exclusive  management  and 
control  thereof,  subject  to  the  right  of  the  district 
to  connect  therewith  as  herein  provided. 
State  engineer  to  have  charge— Resident  engineer. 

Sec.  13.  All  worlds  carried  on  under  the  provis- 
ions of  this  act  shall  be  executed  under  the  direc- 
tion of  the  state  engineer  (who  shall  be  appointed 
by  the  governor),  and  an  assistant  for  each  drain- 
age district,  who  shall  be  styled  resident  engineer, 
and  whose  salary  shall  be  fixed  by  the  board  of 
directors  of  the  district,  but  shall  not  exceed  two 
hundred  dollars  per  month  for  each  month  of 
actual  service.  All  work  shall  be  done  under  the 
immediate  supervision  of  the  resident  engineer 
and  board  of  directors  of  the  district,  and  no  work 
shall  be  paid  for  until  accepted  by  such  resident 
engineer  and  board  of  directors,  and  approved  by 
the  state  engineer. 
Construction  fund. 

Sec.  14.  The  cost  of  the  works  contemplated  in 
this  act,  embracing  all  contracts,  purchases,  or 
condemnations  of  property  authorized  under  it, 
and  all  proper  salaries  and  incidental  expenses, 
shall  be  paid  out  of  the  "construction  fund"  of 
the  drainage  district  for  which  such  works  may 
be  constructed.  Proper  vouchers,  in  duplicate,  for 
all  such  expenditures,  shall  be  certified  to  by  the 
resident  engineer  of  the  district,  approved  by  the 
state  engineer,  and  submitted  to  the  board  of  di 


Drainage.  2G9 

rectors  at  their  regular  meetings,  wlio  sliall  there- 
upon audit  and  allow  all  just  and  proper  claims, 
and  certify  the  original  voucher  for  the  same  to 
the  state  controller.  The  controller  shall  there- 
upon draw  his  warrant  upon  the  state  treasurer 
for  the  amount  thus  certified,  payable  out  of  the 
"construction  fund"  of  the  proper  district,  or  out 
of  the  "state  construction  fund,"  as  the  case  may 
be.  The  provisions  of  law  requiring  claims  to  be 
approved  by  the  state  board  of  examiners,  before 
a  warrant  shall  be  drawn  by  the  controller  there- 
for, shall  not  be  applicable  to  claims  presented 
under  the  provisions  of  this  act. 
Funds,  how  provided. 

Sec.  15.  To  provide  funds  to  pay  ihe  construc- 
tion of  the  systems  of  works  contemplated  by  this 
act,  and  all  expenses  connected  therewith,  the  as- 
sessors of  the  several  counties  embraced  in  whole 
or  in  part  in  any  drainage  district  shall  be  ex- 
oflacio  assessors  of  the  district  for  the  portion  of 
said  district  included  in  their  respective  counties; 
and  each  such  assessor  shall  annually  assess  and 
make  a  duplicate  assessment-book  of  all  property 
in  that  portion  of  the  county  of  which  he  is  as- 
sessor, embraced  within  such  drainage  district, 
and  shall  deliver  the  said  duplicate  assessment- 
book  at  the  same  time  and  in  the  same  manner 
and  to  the  same  officer  or  board  that  he  delivers 
the  assessment-book  made  for  the  purposes  of  state 
and  county  taxation;  and  the  assessment  so  made 
shall  be  equalized  at  the  same  time  and  by  the 
same  officers  or  boards  as  assessments  made  for 
state  and  county  taxes  are  equalized.  The  said 
duplicate  assessment-book  shall  be  treated  in  all 
respects  by  the  several  state  and  county  officers 
the  same  as  the  assessment-book  made  for  state 
and  county  purposes.  When  the  said  assessment 
has  been  finally  equalized  by  the  proper  authority, 
as  hereinbefore  provided,  it  shall  be  the  duty  of 
the  auditor  of  the  county,  in  whole  or  in  part  em- 
braced in  any  drainage  district,  on  or  before  the 
first  day  of  October  of  each  year,  to  forward  by 
mail  or  express,  to  the  board  of  directors  of  such 
district,  at  their  office,  a  statement  showing  the 
total  value  of  all  property  embraced  in  said  du- 
plicate assessment-book,  after  the  same  has  been 
finally  equalized,  as  before  stated. 


270  Drainage. 

Tax  levy. 

Sec.  16.  The  board  of  directors  of  each  drain- 
age district  must,  on  some  day  in  the  month  of 
October  of  each  year,  levy  a  tax  upon  all  the  prop- 
erty in  the  district,  of  one-twentieth  of  one  per 
cent,  on  the  value  of  said  property.  Immediately 
after  the  levy  of  said  tax,  the  board  of  directors 
levying  the  same  shall  at  once  notify  the  auditor 
of  each  county  in  which  any  portion  of  any  drain- 
age district  is  embraced  of  the  tax  and  rate  so 
levied;  and  each  of  said  auditors  shall  compute 
and  enter  upon  the  duplicate  assessment-book  of 
each  district  the  respective  sums  to  be  collected, 
in  the  same  manner  that  he  makes  computation 
and  entry  upon  the  assessment-book  for  state  and 
county  tax  purposes,  and  shall  turn  the  same  over 
to  the  tax  collector  at  the  same  time  and  in  the 
same  manner  that  he  does  the  assessment  roll  for 
state  and  county  purposes.  The  tax  collector  shall 
collect  such  tax  or  taxes  at  the  same  time  and 
in  the  same  manner  that  they  collect  state  and 
county  taxes;  and  all  laws  for  the  enforcement 
and  collection  of  state  and  county  taxes  now  in 
force,  or  hereafter  to  be  enacted,  shall  be  appli- 
cable to  the  enforcement  and  collection  of  all 
taxes  in  this  act  provided  for.  The  tax  collector 
shall  pay  the  same  over  to  the  county  treasurer 
at  the  same  time  and  in  the  same  manner  as  state 
and  county  taxes  are  paid.  The  county  treasurer 
shall  pay  tlie  same  over  to  the  state  treasurer  at 
the  same  time  and  in  the  same  manner  as  state 
taxes  are  paid,  and  the  state  treasurer  shall  place 
the  same  to  the  credit  of  a  fund  to  be  known  as 
the  "construction  fund  of  drainage  district  num- 
ber one,"  "two,"  "three,"  etc.,  as  the  case  may  be. 
Same. 

Sec.  17.  In  case  any  drainage  district  is  organ- 
ized after  the  time  provided  by  law  for  making 
assessments  for  state  and  county  purposes,  then 
the  board  of  directors  of  such  district  shall,  if  they 
deem  it  advisable  so  to  do,  notify  the  auditor  or 
auditors  of  the  county  or  counties  embraced  in 
whole  or  in  part  in  such  district;  and  thereupon 
each  of  said  auditors  shall  make  a  copy  from  the 
assessment-book  of  that  county  for  state  and 
county  taxation,  as  finally  corrected  and  equalized 
by  the  proper  authority,  of  all  the  property  in  that 


Drainage.  271 

county  embraced  in  said  district,  and  shall  im- 
mediately thereafter  prepare,  and  forward  by  mail 
or  express  to  said  directors,  a  statement  showing 
the  total  value  of  the  property  thus  assessed  and 
included  in  said  district.  The  said  directors  must 
thereupon,  and  on  some  day  before  the  first  day 
of  November  of  that  year,  levy  a  tax  upon  all 
the  property  in  the  district,  of  one-twentieth 
(l-20th)  of  one  per  cent,  of  the  value  of  said  prop- 
erty; and  immediately  thereafter  they  must  no- 
tify the  auditor  or  auditors  of  the  county  or  coun- 
ties embraced  in  whole  or  in  part  in  the  district 
of  the  tax  and  rate  so  levied.  The  auditor  of  each 
county  so  notified  shall  thereupon  compute,  and 
enter  upon  said  copy  of  the  assessment-book,  this 
tax,  in  the  same  manner  that  he  does  taxes  for 
state  and  county  purposes.  The  said  copy  shall 
then  be  turned  over  to  the  tax  collector  of  the 
county,  and  the  taxes  embraced  in  the  same  shall 
be  collected,  and  finally  paid  over  to  the  state 
treasurer,  in  the  same  manner  and  at  the  same 
times  as  stated  in  the  preceding  section  of  this  act. 
Compensation  of  auditors  and  assessors. 

Sec.  18.  The  auditors  and  assessors  of  the  coun- 
ties embraced  in  any  drainage  district  shall  be 
allowed  a  reasonable  compensation  for  making  the 
duplicate  assessment-books,  also  the  auditors  for 
making  a  copy  of  the  assessment-book;  and  these 
claims  for  such  compensation  shall  be  audited 
and  allowed  by  the  directors  of  such  drainage  dis- 
trict, and  shall  be  paid  in  the  same  manner  as 
other  claims  against  the  district. 
Hydraulic  mine  owners  to  render  statement  to  as- 
sessor. 

Sec.  19.  The  owner  or  owners,  or  the  manag- 
ing agent,  of  every  hydraulic  mine,  or  any  mine 
using  water  to  wash  the  earth  or  ores  for  mining 
purposes,  which  mine  may  be  embraced  in  whole 
or  in  part  within  any  drainage  district  to  be 
formed  or  organized  under  this  act,  and  of  all 
mines  the  waters  from  which  carry  slickens,  sand, 
or  debris  therefrom  run  into  any  such  district, 
shall,  on  or  before  the  first  day  of  July,  A.  D. 
eighteen  hundred  and  eighty,  and  every  year 
thereafter,  at  the  time  required  for  rendering  a 
statement  to  the  assessor  for  the  purpose  of  as- 
sessing for  state  and  county  taxes,  render  to  the 


272  Drainage. 

assessor  of  the  county  in  wliich  tlie  mine  is  located 
a  sworn  statement  sliowing  tlie  number  of  miners' 
inclies  of  water  (of  twenty-four  hours'  run)  used 
by  the  mine  of  which  he  is  in  whole  or  in  part 
owner,  or  the  managing  agent,  for  the  preceding 
year  ending  on  the  first  day  of  March  next  pre- 
ceding the  rendition  of  such  statement.  The  state- 
ment shall  include  also  the  name  and  description 
of  the  mine.  Upon  the  receipt  of  such  statement 
from  the  owner  or  managing  agent  of  such  mines, 
the  assessor  shall  enter  the  same  in  a  separate 
column  in  the  duplicate  assessment-boolv  provided 
for  in  this  act,  so  that  it  will  show  the  number  of 
miners'  inches  of  water  (of  each  twenty-four 
hours'  run)  used  by  each  of  such  mines  within  the 
county  for  which  he  is  assessor. 
Assessment  on  hydraulic  mines. 

Sec.  20.  The  board  of  directors  shall,  at  the 
same  time  in  October  of  each  year  that  they  levy 
the  tax  hereinbefore  provided  for,  levy  an  assess- 
ment upon  all  hydraulic  mines,  and  upon  all  mines 
washing  earth  or  ores  with  water  running  into  the 
district,  of  one-half  of  one  cent  for  each  miners' 
inch  of  water  of  each  twenty-four  hours'  run,  used 
during  such  year,  and  shall  notify  the  auditor  of 
each  county  embraced  in  whole  or  in  part  in  the 
district,  of  the  amount  so  levied,  and  he  shall  com- 
pute and  enter  upon  the  duplicate  assessment- 
book  the  respective  sums  to  be  collected  from  the 
respective  mines;  and  the  tax  collector  shall  col- 
lect said  assessment  at  the  same  time  and  in  the 
same  manner  that  they  collect  state  and  county 
taxes;  and  tlie  money  so  collected  shall  be  paid 
over  in  the  same  manner  and  at  the  same  time  as 
herein  provided  for  the  collection  of  taxes,  and 
the  state  treasurer  shall  place  the  same  to  the 
credit  of  the  "construction  fund"  of  the  proper 
district. 

State    engineer    to    make    map    of    unreclaimed 
swamp  or  overflowed  land. 

Sec.  21.  Within  a  reasonable  time  after  the  or- 
ganization of  a  drainage  district,  the  state  engi- 
neer shall  make  a  map  of  all  the  unreclaimed 
swamp  or  overflowed  land  in  the  district  rendered 
unfit  for  cultivation  by  reason  of  being  swamp  or 
overflowed  and  not  reclaimed,  and  shall  also  pre- 


Drainage.  273 

pare  a  list  of  sucli  lands,  describing  them  by  legal 
subdivisions,  and  shall  file  both  said  map  and  said 
list  in  the  office  of  the  directors  of  the  district. 
Within  three  months  after  the  filing  of  this  list 
the  directors  of  the  district  shall  give  notice  for 
thirty  days  in  three  newspapers  of  general  circula- 
tion published  in  the  district,  that  they  will  hear 
evidence,  on  a  day  to  be  named  in  said  notice,  for 
the  purpose  of  correcting  errors  or  omissions  in 
said  list.  After  hearing  such  testimony  as  may 
be  offered,  they  shall  correct  said  list  in  accord- 
ance with  the  facts. 
Directors  to  prepare  list  of  reclaimed  lands. 

Sec.  22.  On  or  before  the  first  day  of  March  in 
each  year  the  directors  of  any  drainage  district 
in  which  any  of  the  lands  described  in  the  list 
provided  for  in  the  preceding  section  have  been 
reclaimed,  by  reason  of  the  construction  of  any  of 
the  works  contemplated  by  this  act,  shall  prepare 
a  list  or  lists  of  all  such  lands  so  reclaimed  situ- 
ate in  such  district.  The  list  shall  contain  a  de- 
scription by  legal  subdivisions,  or  other  intelli- 
gent description,  of  each  tract  so  reclaimed;  the 
name  of  the  owner  of  each  tract;  and  if  unknown, 
then  that  fact;  the  number  of  acres  in  each  tract; 
and  shall,  on  or  before  said  date,  deliver  to  the  as- 
sessor of  the  county  or  counties  in  which  any  por- 
tion of  said  lands  so  reclaimed  is  situated  a  cer- 
tified copy  of  said  list  so  far  as  the  same  relates 
to  the  lands  situated  in  such  county.  Whereupon 
such  assessor  shall  enter  the  same  upon  the  du- 
plicate assessment-book  provided  for  in  this  act. 
Assessment. 

Sec.  23.  After  any  land  has  been  reclaimed,  and 
lists  filed  with  the  assessor,  the  board  of  directors 
shall  assess  the  value  of  the  reclamation  to  each 
tract  of  said  land,  not  to  exceed  three  dollars  per 
acre,  which  shall  be  payable  in  six  equal  pay- 
ments; provided,  no  one  owner  shall  be  liable  for 
the  payment  due  from  any  other  owner.  The  di- 
rectors shall,  before  the  first  day  of  October  of 
each  year,  notify  the  auditors  of  the  counties  in 
which  the  land  is  situated  the  amount  of  assess- 
ment per  acre  that  is  to  be  collected  on  each  tract 
of  land,  and  the  auditor  shall  compute  the  same 
and  enter  the  amount  in  a  separate  column  in  the 


274  Drainage. 

duplicate  assessment-book  prepared  for  the  dis- 
trict, and  the  tax  collector  shall  collect  said  as- 
sessment at  the  same  time  and  in  the  same  man- 
ner as  he  collects  state  and  county  taxes;  and  the 
money  so  collected  shall  be  turned  over  to  the 
county  treasurer  and  paid  by  him  to  the  state  treas- 
urer, the  same  as  other  moneys  collected  under 
the  provisions  of  this  act.  The  state  treasurer 
shall  place  the  same  to  the  credit  of  the  "con- 
struction fund"  of  the  district  to  which  it  belongs. 

State  tax. 

Sec.  24.  There  shall  be  levied  in  the  year 
eighteen  hundred  and  eighty,,  and  each  year  there- 
after, by  the  same  officers,  at  the  same  time  and 
in  the  same  manner  that  other  state  taxes  are 
levied,  a  tax  of  one-twentieth  of  one  per  cent,  on 
all  the  taxable  property  in  the  state  in  addition 
to  other  state  taxes.  Said  tax  must  be  collected 
by  the  same  officers  at  the  same  time,  and  paid 
over  at  the  same  time,  that  other  state  taxes  are 
collected  and  paid  over.  The  state  treasurer  shall 
place  all  moneys  received  by  him  on  account  of 
such  tax  to  the  credit  of  a  fund,  to  be  known  as 
the  "state  drainage  construction  fund."  The  state 
drainage  construction  fund  must  be  used  and 
drawn  upon  in  the  same  manner  and  for  the  same 
purposes  as  the  "construction  fund"  of  a  drainage 
district;  provided,  that  all  moneys  raised  under 
the  provisions  of  this  act  shall  be  used  exclusively 
for  the  construction  of  dams  for  impounding  the 
debris  from  the  mines  hereinbefore  specified,  and 
for  the  improvement  and  ratification  of  river  chan- 
nels in  which  said  debris  flows  within  the  drain- 
age districts  to  be  formed  under  the  provisions  of 
this  act,  at  such  points  thereof  as  shall  be  desig- 
nated by  the  state  engineer,  or  deemed  necessary 
by  the  board  of  directors  of  such  drainage  district. 
Duty  of  state  treasurer. 

Sec.  25.  The  state  treasurer  is  hereby  author- 
ized and  required  to  pay  all  warrants  drawn  by 
the  state  controller  upon  the  "construction  fund" 
of  any  drainage  district,  or  upon  the  "state  drain- 
age construction  fund,"  out  of  such  fund;  pro- 
vided, that  if  there  be  no  money  in  the  "state 
drainage  construction  fund"  to  meet  the  payment 
of  any  warrant  on  that  fund,  the  state  treasurer 


Drainage.  275 

shall  pay  such  warrants  out  of  any  other  money 
in  the  state  treasury  not  otherwise  appropriated, 
but  not  exceeding  in  the  aggregate  the  amount,  or 
the  balance  of  the  amount,  to  be  paid  into  the 
"state  drainage  construction  fund,"  under  this  act, 
for  the  current  year,  upon  an  estimate  based  upon 
the  assessed  value  of  all  the  taxable  property  in  the 
state  for  the  preceding  year;  and  provided  further, 
that  no  indebtedness  shall  be  created  against 
either  of  said  funds  for  any  one  year  in  excess 
of  the  amount  provided  to  be  raised  by  the  tax 
levy  for  said  year  for  said  funds;  said  levy  to  be 
estimated  upon  the  assessment  roll  for  the  pre- 
vious year;  and  when  the  state  tax  in  this  act  pro- 
vided for  is  collected  and  paid  into  the  treasury, 
the  money  so  paid  shall  be  repaid  from  the  *'state 
drainage  construction  fund." 
Responsibility  of  officers. 

Sec.  26.  All  officers  acting  under  the  provisions 
of  this  act,  and  their  bondsmen,  are  hereby  made 
responsible  for  the  collection,  safe-keeping,  and 
proper  accounting  of  the  taxes  and  funds  in- 
trusted to  them,  in  the  manner  herein  provided,  in 
accordance  with  the  laws  regulating  their  duties 
and  responsibilities  in  connection  with  state  and 
county  funds. 
Construction  of  act. 

Sec.  27.  Nothing  in  this  act  shall  be  construed 
in  such  a  manner  as  to  invalidate  the  indebted- 
ness of  any  reclamation  or  levee  district,  or  any 
assessment  levied  therein,  or  to  affect  in  any  man- 
ner whatever  the  laws  in  force  in  relation  to  re- 
clamation and  levee  districts;  nor  shall  any  levees 
be  condemned  or  purchased  under  the  provisions 
of  this  act. 
Chinese  not  to  be  employed. 

Sec.  28.  No  Chinese  or  Mongolians  shall  be  em- 
ployed in  any  capacity  whatever  on  any  work  to 
be  done  in  pursuance  of  the  provisions  of  this  act. 

Sec.  29.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


276  Drainage. 

An  act  to  promote  drainage. 

[Approved  March  18,  1885;  1885,  204.] 
Petition  to  adopt  measures  to  drain  lands. 

Section  1.  Wlienever  the  owners  of  two-thirds 
of  any  body  of  lands  susceptible  of  one  mode  of 
drainage  desire  to  drain  the  same,  they  may  pre- 
sent to  the  board  of  supervisors  of  the  county  in 
which  the  lands,  or  the  greater  portion  thereof, 
are  situated,  at  a  regular  meeting  of  the  board,  a 
petition  setting  forth  that  they  desire  to  adopt 
measures  to  drain  the  same,  the  description  of  the 
land,  the  number  of  acres  in  the  whole  district, 
and  the  number  of  acres  in  each  tract,  and  the 
names  of  the  owners  thereof,  and  the  names  of 
three  persons  who  may  desire  to  serve  as  trustees 
for  the  first  three  months;  the  petition  must  be 
verified  by  the  affidavit  of  one  of  the  petitioners, 
and  must  be  published  for  four  weeks  next  preced- 
ing the  hearing  thereof,  in  some  newspaper  pub- 
lished in  the  county  in  which  the  lands  are  situ- 
ated; or  if  there  is  no  newspaper  published  in  the 
county,  then  it  must  be  published  in  some  news- 
paper having  a  general  circulation  in  the  county, 
and  an  affidavit  of  such  publication  must  be  filed 
with  the  petition. 
District  lying  in  different  counties. 

Sec.  2.  When  a  district  is  situated  partly  in 
different  counties,  the  trustees  must,  after  the  pe- 
tition has  been  granted,  forward  a  copy  thereof 
to  the  clerk  of  the  board  of  supervisors  of  any 
county  in  which  any  portion  of  the  district  may 
lie,  and  the  board  to  which  the  same  is  forwarded 
must  not  allow  another  district  to  be  formed 
within  such  district,  unless  with  the  consent  of 
the  trustees  thereof. 
Formation  of  district. 

Sec.  3.  If  the  board  of  supervisors  find,  upon 
the  hearing  of  such  petition,  that  lands  have  been 
improperly  included  in  such  district,  they  may,  be- 
fore fixing  the  final  boundaries,  exclude  from  such 
district  any  lands  which  may  have  been  included, 
or  include  any  lands  adjacent  thereto,  on  petition 
of  any  owner  of  such  land  presented  at  such  time 
of  hearing,  as  they  may  deem  for  the  best  inter- 


Drainage.  277 

ests  of  such  district;  and  they  must  then  define 
the  boundaries,  declare  the  district  duly  formed, 
and  the  persons  named  in  the  petition  for  the  for- 
mation of  such  district  to  be  the  trustees  for  the 
first  three  months,  or  until  their  successors  are 
appointed.  [Amendment  approved  March  31. 
1891;  Stats.  1891,  p.  262.  In  effect  immediately.] 
Recording  petition. 

Sec.  4.    The  petition  must  then  be  recorded  by 
the  county  recorder. 
By-laws. 

Sec.  5.  After  the  approval  of  the  petition  the 
petitioners  may  malie  such  by-laws  as  they  deem 
necessary  for  future  appointment  of  trustees,  and 
to  effect  the  work  of  drainage,  lieep  the  same  in 
repair  and  operation,  and  for  the  control  and 
management  thereof,  by  the  votes  or  consent  of 
the  owners  of  a  majority  of  the  land  in  the  dis- 
trict. 
Signing  and  recording  by-laws. 

Sec.  6.    The  by-laws  adopted  must  be  signed  by 
persons  owning  a  majority  of  land  in  the  district, 
and  must  be  recorded  by  the  county  recorder. 
Power  of  board. 

Sec.  7.  The  board  thus  formed  shall  have 
power  to  elect  one  of  their  number  president 
thereof,  and  to  employ  engineers  to  survey,  plan, 
locate,  and  estimate  the  cost  of  the  works  neces- 
sary for  drainage,  and  the  land  needed  for  right 
of  way,  including  drains,  canals,  sluices,  water- 
gates,  embankments,  and  material  for  construc- 
tion, and  to  construct,  maintain,  and  keep  in  re- 
pair all  works  necessary  to  the  object  in  view. 
Plans  and  estimates. 

Sec.  8.  The  board  of  trustees  must  report  to  the 
board  of  supervisors  of  the  county,  or  if  the  dis- 
trict is  situated  in  more  than  one  county  then  to 
the  board  of  supervisors  of  each  county  in  which 
the  district  is  situated,  the  plans  of  the  work  and 
estimates  of  the  costs,  together  with  the  estimates 
of  the  incidental  expenses  of  superintendence,  re- 
pairs, etc. 
Assessing  expense. 

Sec.  9.    The  board  by  which    the    district    was 
formed  must  appoint  three  commissioners,  disin- 
Gen.  Laws— 24. 


278  Drainage. 

terested  persons  residing  in  the  county  in  which 
the  district,  or  some  part  thereof,  is  situated,  and 
such  commissioners  must  view  and  assess  upon 
the  lauds  situated  in  the  district  a  charge  propor- 
tionate to  the  whole  expense,  and  to  the  benefit 
which  will  result  from  such  work,  which  charge 
must  be  collected  and  paid  into  the  county  treas- 
ury as  hereinafter  provided,  and  must  be  placed 
by  the  treasurer  to  the  credit  of  the  district,  and 
paid  out  for  the  worlv  of  drainage  upon  the  war- 
rants of  the  trustees  appointed  by  the  board  of 
supervisors  of  the  county. 
Warrants  on  the  treasurer. 

See.  10.  The  warrants  drawn  by  the  trustees 
must,  after  they  are  approved  by  the  board  of 
supervisors,  be  presented  to  the  treasurer  of  the 
county,  and  if  they  are  not  paid  on  presentation, 
like  indorsements  must  be  made  thereon,  and  they 
must  be  registered  in  like  manner  as  county  war- 
rants. 
Payments  when  district  in  different  counties. 

Sec.  11.    If  a  district  is  situated  partly  in  differ- 
ent counties  the  charges  must  be  paid  into  the 
treasury  of  the  county  in    which    the    particular 
tract  may  be  situated. 
Further  assessment. 

Sec.  12,  If  the  original  assessment  is  insufficient 
to  provide  for  the  complete  drainage  of  thelandsof 
the  district,  or  if  further  assessments  are  from 
time  to  time  required  to  provide  for  the  protec- 
tion, maintenance,  and  repairs  of  the  works,  the 
trustees  must  present  to  the  board  of  supervisors 
by  which  the  district  was  formed  a  statement  of 
the  work  to  be  done  and  its  estimated  cost,  and 
the  board  must  make  an  order  directing  that  the 
commissioners  who  made  the  original  assessment, 
or  other  commissioners  to  be  named  in  such  order, 
to  assess  the  amount  of  such  estimated  cost  as 
a  charge  upon  the  lands  in  the  district,  which  as- 
sessment must  be  made  and  collected  in  the  same 
manner  as  the  original  assessment. 
List  of  charges  and  of  lands. 

Sec.  13.  The  commissioners  appointed  by  the 
board  of  supervisors  must  make  a  list  of  the 
charges  assessed  against  each  district  of  land,  and 
the  list  must  contain  a  description  of  each  tract 


Drainage.  279 

assessed,  the  number  of  acres  in  eacli  tract,  and 
the  names  of  the  owners  in  each  tract,  if  known, 
and  if  unknown,  the  amount  of  charges  assessed 
against  each  tract;  and  the  board  of  commission- 
ers must,  on  completion  of  such  list,  cause  a  notice 
to  be  published  in  some  paper  published  in  the 
county  where  such  district  is  situated,  and  also 
have  such  notice  posted  in  three  places  in  such  dis- 
trict, to  the  effect  that  the  board  of  commission- 
ers will,  in  ten  days  from  the  publication  of  such 
notice,  meet  (and  they  shall  also  name  the  time 
and  place  of  such  meeting)  as  a  board  of  equaliza- 
tion for  the  purpose  of  equalizing  assessments, 
and  will  continue  in  session  so  long  as  may  be 
necessary,  not  to  exceed  ten  days,  at  the  end  of 
which  time,  having  equalized  and  adjusted  such 
assessments,  the  list  must  then  be  filed  as  herein- 
after provided.  [Amendment  approved  March  31, 
1891;  Stats.  1891,  p.  262.  In  effect  immediately.] 
Filing  list. 

Sec.  14.  The  list  so  made  must  be  filed  with  the 
county  treasurer  of  the  county,  or  if  the  district 
is  partly  situated  in  different  counties,  then  the 
original  list  must  be  filed  in  the  county  first  in  or- 
der under  alphabetical  arrangement,  and  copies 
thereof,  certified  by  the  commissioners,  must  be 
filed  with  the  treasurers  of  each  of  the  other 
counties.  From  and  after  the  filing  of  the  list,  or 
certified  copies  thereof,  the  charges  assessed  upon 
any  tract  of  land  in  the  county  constitutes  a  lien 
thereon;  and  the  list  thus  prepared  must  remain 
in  the  oflice  of  the  treasurer  for  thirty  days,  or 
longer  if  ordered  by  the  board  of  trustees;  and 
during  the  time  they  so  remain  any  person  may 
pay  the  amount  of  the  charges  against  any  tract 
to  the  treasurer  without  costs;  or  if  so  ordered  by 
the  board  of  trustees,  said  payments  may  be  by 
installments;  and  if  at  the  end  of  thirty  days,  or 
of  the  longer  period  fixed  by  trustees,  all  of  the 
charges,  or  all  of  any  installments  ordered  by 
them,  have  not  been  paid,  the  treasurer  must  re- 
turn the  list  to  the  district  attorney,  who  must  at 
once  proceed  by  civil  action  to  collect  such 
chargos. 
Executing  work. 

Sec.  15.    The  work  must  be  executed  under  the 


280  Drainage. 

direction  and  in  tlie  manner    prescribed    by    the 
board  of  trustees. 
Account  of  expenditures. 

Sec.  16.  Tlie  board  must  l^eep  accurate  ac- 
counts of  all  expenditures,  wliicli  accounts,  and  all 
contracts  that  may  be  made  by  them,  are  open  to 
the  inspection  of  the  board  of  supervisors,  and 
every  person  interested. 
Purchases  by  trustees. 

Sec.  17.    The  trustees  may  acquire,  by  purchase, 
all  property  necessary  to  carry  out  and  maintain 
the  system  of  drainage  provided  for. 
Eminent  domain. 

Sec.  18.  The  trustees  may  acquire,  by  condem- 
nation, the  right  of  way  for  canals,  drains,  em- 
bankments, and  other  worlis  necessary,  and  may 
tal^e  materials  for  the  construction,  maintenance, 
and  repair  thereof  from  lands  outside  of  as  well  as 
in  the  limits  of  said  district. 

Same. 

Sec.  19.    The  provisions  of  Title  VII,  Part  III, 
of  the  Code  of  Civil  Procedure  are  applicable  to, 
and  condemnation   herein  provided  for  must  be 
made  thereinunder. 
Drainage  by  owners. 

Sec.  20.  Whenever  any  district  susceptible  of 
one  mode  of  drainage,  entirely  owned  by  parties 
who  desire  to  drain  the  same,  and  to  manage  such 
drainage  without  the  intervention  of  trustees,  or 
the  establishment  of  by-laws,  they  may  file  the 
petition  provided  for  in  sections  one  and  two,  and 
must  state  therein  that  they  intend  to  undertake 
such  drainage  on  their  own  responsibility.  If  the 
petition  is  granted,  the  owners  of  the  land  have  all 
the  rights,  immunities,  and  privileges  granted  to 
boards  of  trustees,  and  in  all  proceedings  the 
names  of  owners  may  be  used  instead  of  the 
names  of  trustees. 

Sec.  21.  This  act  shall  take  effect  upon  its  pas- 
sage. 


In  addition  to  the  foregoing,  the  following  acts 
may  be  consulted: 


Drainage.  281 


An  act  to  appropriate  money  to  pay  the  indebted- 
ness incurred  under  an  act  entitled  "An  act  to 
promote  drainage,"  approved  March  23,  1880. 
[Approved  March  10,  1885;  1885,  78.] 


An  act  to  abolish  the  state  drainage  construction 
fund,  and  directing  the  transfer  of  any  bal- 
ance remaining  therein  to  the  general  fund. 
[Approved  March  1,  1893;  Stats.  1893,  p.  64.] 


An  act  to  provide  for  the  organization  and  govern- 
ment of  drainage  districts,  for  the  drainage  of 
agricultural  lands  other  than  swamp  and  over- 
flowed lands. 

[Stat,  approved  March  31,  1897;  Stats.  1897,  chap, 
ccxxviii.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  fifty,  or  a  majority  of  the 
holders  of  title,  or  evidence  of  title  as  herein  pro- 
vided, to  agricultural  lands  other  than  lands 
known  as  swamp  and  overflowed  lands,  which  are 
susceptible  of  one  general  mode  of  drainage  by 
the  same  system  of  worlds,  desire  to  provide  for 
the  drainage  of  such  lands,  they  may  propose  the 
organization  of  a  drainage  district  under  the  pro- 
visions of  this  act,  and  when  so  organized  such 
district  shall  have  the  powers,  rights,  and  duties 
conferred,  or  which  may  be  conferred  by  law, 
upon  such  drainage  district.  The  equalized 
county  assessment  roll  next  preceding  the  presen- 
tation of  a  petition  for  the  organization  of  a  drain- 
age district  under  the  provisions  of  this  act,  shall 
be  suflicient  evidence  of  title  for  the  purposes  of 
this  act;  provided,  that  no  person  who  has  re- 
ceived or  acquired  title  to  land  within  such  pro- 
posed district  for  the  purpose  of  enabling  him  or 
her  to  join  in  such  petition  or  to  become  an  elector 
of  said  district,  shall  be  allowed  to  sign  such  pe- 
tition or  to  vote  at  any  election  to  be  held  in  such 
district  under  the  provisions  of  this  act.     Such  il- 


282  Drainage. 

legal  signing,  however,  shall  not  invalidate  such 
petition  when  there  shall  be  found  a  sufficient 
number  of  other  legal  petitioners. 

Sec.  2.  A  petition  shall  first  be  presented  to  the 
board  of  supervisors  of  the  county  in  which  the 
lands,  or  the  greatest  portion  thereof,  are  situated, 
signed  by  the  required  number  of  the  holders  of  ti- 
tle or  evidences  as  above  provided  of  title  of  such 
proposed  district,  which  petition  shall  set  forth 
and  particularly  describe  the  proposed  boundaries 
of  such  district,  and  shall  pray  that  the  same  be 
organized  under  the  provisions  of  this  act.  The 
petitioners  must  accompany  the  petition  with  a 
good  and  sufficient  bond,  to  be  approved  by  the 
said  board  of  supervisors,  in  double  the  amount 
of  the  probable  cost  of  organizing  such  district, 
conditioned  that  the  obligors  will  pay  all  the  cost 
in  case  such  an  organization  shall  not  be  effected. 
The  petition  shall  be  presented  at  a  regular  meet- 
ing of  the  said  board  of  supervisors,  and  shall 
have  been  published  for  at  least  two  weelis  before 
such  presentation  in  some  newspaper  printed  and 
published  in  the  county  where  the  petition  is  pre- 
sented, together  with  a  notice  stating  the  date  of 
the  meeting  of  said  board  at  which  the  petition 
will  be  presented;  and  if  any  portion  of  the  pro- 
posed district  lies  within  another  county,  or  coun- 
ties, then  said  petition  and  notice  shall  be  like- 
wise published  in  a  newspaper  printed  and  pub- 
lished in  each  of  such  counties. 

Sec.  3.  When  such  petition  is  presented,  the 
board  of  supervisors  shall  hear  the  same,  and  may 
adjourn  such  hearing  from  time  to  time,  not  ex- 
ceeding four  weelis  in  all,  and  on  the  final  hearing 
may  make  such  changes  in  the  proposed  bound- 
aries as  they  may  find  to  be  proper,  and  shall  de- 
fine and  establish  such  boundaries;  provided,  that 
said  board  shall  not  modify  said  boundaries  so  as 
to  except  from  the  operation  of  tliis  act  any  terri- 
tory within  the  boundaries  of  the  proposed  district 
which  is  susceptible  of  drainage  by  the  same  sys- 
tem of  works  applicable  to  the  other  lauds  in  such 
proposed  district;  nor  shall  any  land  which  will 
not,  in  the  judgment  of  said  board,  be  benefited 
by  drainage  by  such  system,  be  subjected  to  the 
operation  of  this  act:  provided,  that  any  person 
whose  lands  are  susceptible  of  drainage  by  the 


Drainage.  283 

same  system  of  works,  may,  in  the  discretion  of 
tlie  board,  upon  application  of  tlie  owner,  have 
such  lands  included  in  such  district.  Said  board 
shall,  when  requested  in  the  petition  by  its  order, 
divide  such  district  into  three  or  more  divisions, 
as  nearly  equal  in  size  as  practicable,  which  di- 
visions fehall  be  numbered  consecutively,  and  one 
director  and  one  assessment  commissioner,  each 
of  whom  shall  be  an  elector  and  a  resident  free- 
holder of  the  division,  shall  be  elected  by  each  di- 
vision; provided,  that  when  requested  in  the  pe- 
tition, three  directors  and  three  assessment  com- 
missioners, residents,  electors,  and  freeholders  of 
the  district,  shall  be  elected  at  large  by  the  quali- 
fied electors  of  the  district.  Said  board  of  super- 
visors shall  then  establish  a  convenient  number 
of  election  precincts  for  said  proposed  district,  de- 
fine the  boundaries  thereof,  and  designate  the  poll- 
ing places  therein,  which  precincts  and  polling 
places  may  thereafter  be  changed  by  the  board  of 
directors.  The  board  of  supervisors  shall  also  ap- 
point for  each  precinct,  from  the  electors  thereof, 
one  inspector  and  two  judges,  who  shall  consti- 
tute a  board  of  election  for  such  precinct,  with 
the  powers  and  duties  hereinafter  prescribed  for 
like  boards  in  subsequent  elections.  Said  board 
of  supervisors  shall  then  give  notice  of  an  elec- 
tion to  be  held  in  such  proposed  district .  for  the 
purpose  of  determining  whether  or  not  the  same 
shall  be  organized  under  the  provisions  of 
this  act.  Such  notice  shall  designate  a 
name  for  such  proposed  district,  and  de- 
scribe the  boundaries  thereof  and  the  boundaries 
of  the  precincts  established  therein,  together  with 
a  designation  of  the  polling  place  and  board  of 
election  for  each  precinct;  and  shall  require  the 
electors  of  the  proposed  district  to  cast  ballots 
which  shall  contain  the  words  "Drainage  District 
—Yes,"  or  "Drainage  District— No,"  or  words 
equivalent  thereto,  and  also  the  names  of  one  or 
more  persons  (according  to  the  divisions  of  the 
proposed  district  as  prayed  for  in  the  petition  and 
ordered  by  the  board),  to  be  voted  for  to  fill  the 
ofiice  of  director,  and  one  or  more  persons  to  fill 
the  office  of  assessment  commissioner.  Such  no- 
tice shall  be  published  for  at  least  three  weeks 
prior  to  such  election  in  a  newspaper  within  said 


2S1  Drainage. 

county;  and  if  any  portion  of  such  proposed  dis- 
trict lie  witliin  anotlier  county  or  counties,  said 
notice  shall  also  be  similarly  published  in  a  news- 
paper published  within  each  of  said  counties. 
No  person  shall  be  entitled  to  vote  at  any  election 
held  under  the  provisions  of  this  act  unless  he 
shall  possess  all  the  qualifications  required  of 
electors  under  the  general  election  laws  of  this 
state;  provided,  that  any  person  owning  land 
within  such  district,  wherever  resident  in  this 
state,  shall  be  entitled  to  vote  at  any  election  held 
in  such  district  under  the  provisions  of  this  act. 
Except  as  herein  provided,  such  election  shall  be 
conducted,  as  nearly  as  practicable,  in  accordance 
with  the  general  election  laws  of  this  state;  pro- 
vided, that  no  particular  form  of  ballot  shall  be 
required. 

Sec.  4.  The  said  board  of  supervisors  shall,  on 
the  first  Monday  succeeding  such  election,  if  then 
in  session,  or  at  its  next  succeeding  general  or 
special  session,  proceed  to  canvass  the  votes  cast 
thereat,  and  if,  upon  such  canvass,  it  appear  that 
at  least  two-thirds  of  all  the  votes  cast  are  "Drain- 
age District— Yes,"  the  board  shall,  by  an  order, 
entered  in  its  minutes,  declare  such  territory  duly 
organized  as  a  drainage  district,  under  the  name 
theretofore  designated,  and  shall  declare  the  per- 
sons receiving,  respectively,  the  highest  number 
of  votes  for  directors  and  assessment  commission- 
ers, to  be  duly  elected  to  such  offices.  And  no  ac- 
tion shall  be  commenced,  or  maintained,  or  de- 
fense made,  affecting  tlie  validity  of  the  organiza- 
tion of  such  district,  unless  the  same  shall  have 
been  commenced  or  made  within  two  years  after 
the  making  and  entering  of  said  order.  Said 
board  sliall  cause  a  copy  of  such  order,  duly  cer- 
tified, to  be  immediately  filed  for  record  in  the 
office  of  county  recorder  of  each  county  in  which 
any  portion  of  such  lands  are  situated,  and  must 
also  immediately  forward  a  lilce  copy  tliereof  to 
the  clerk  of  the  board  of  supervisors  of  each  of  the 
counties  in  which  any  portion  of  the  district  may 
lie;  and  no  board  of  supervisors  of  any  county  in- 
cluding any  portion  of  such  district  shall  after 
the  (late  of  the  organization  of  such  district,  allow 
another  district  to  be  formed,  including  any 
of     the     lands     in     such     district     without     the 


Drainage.  285 

consent  of  the  board  of  directors  thereof; 
and  from  and  after  the  date  of  such  fil- 
ing the  organization  of  such  district  shall 
be  complete,  and  the  offi'cers,  thereof  shall 
upon  qualifying  in  accordance  with  law,  be  en- 
titled to  enter  upon  the  duties  of  their  respective 
offices,  and  shall  hold  such  offices,  respectively, 
until  their  successors  are  elected  and  qualified. 

Sec.  5,  In  each  district  organized  as  herein  pro- 
vided, an  election  shall  be  held  in  each  second 
year  thereafter,  on  the  same  day  on  which  the 
first  election  in  such  district  was  held,  at  which  a 
board  of  directors  for  the  district,  and  also,  when 
so  ordered  by  the  board  of  directors,  assessment 
commissioners,  as  provided  in  section  three  of  this 
act,  shall  be  elected.  The  person  receiving  the 
highest  number  of  votes  for  any  office  to  be  filled 
at  such  election,  is  elected  thereto.  Within  ten 
days  after  receiving  their  respective  certificates 
of  election  each  of  said  persons  shall  take  and  sub- 
scribe the  official  oath,  to  be  indorsed  upon  their 
respective  certificates,  which  shall  be  filed  in  the 
office  of  the  board  of  directors.  Each  assessment 
commissioner  shall  execute  an  official  bond  in  the 
sum  of  one  thousand  dollars,  which  shall  be  ap- 
proved by,  and  filed  with  the  board  of  directors, 
and  each  director  shall  execute  an  official  bond  in 
the  sum  of  five  thousand  dollars,  which  shall  be 
approved  by  the  judge  of  the  superior  court  of 
the  county  where  the  organization  of  the  district 
was  effected,  and  shall  be  recorded  in  the  office 
of  the  county  recorder  of  such  county,  and  filed 
with  the  secretary  of  the  board  of  directors.  All 
official  bonds  herein  provided  for  shall  be  in  the 
form  prescribed  by  law  for  the  official  bonds  of 
county  officers. 

Sec.  6.  Fifteen  days  before  any  election  held 
under  this  act,  subsequent  to  the  organization  of 
any  district,  the  secretary  of  the  board  of  di- 
rectors shall  cause  notices  to  be  posted  in  three 
public  places  in  each  election  precinct,  of  the  time 
and  place  of  holding  the  election,  and  shall  also 
post  a  general  notice  of  the  same  in  a  conspicuous 
place  in  the  office  of  said  board,  which  shall  be 
established  and  kept  at  the  county  seat  of  the 
county  where  the  organization  of  the  district  ef- 
fected, specifying  the  officers  to  be  elected,  the 


2S6  Drainage. 

polling  places  of  each  precinct,  and  the  names  of 
the  menibers  of  the  boards  of  election,  for  each  pre- 
cinct. Prior  to  the  time  for  posting  such  notices 
the  board  must  appoint  for  each  precinct,  from  the 
electors  thereof,  one  inspector  and  two  judges, 
who  shall  constitute  a  board  of  election  for  such 
precinct.  If  the  board  fail  to  appoint  a  board  of 
election,  or  the  members  appointed  do  not  attend 
at  the  opening  of  the  polls  on  the  morning  of  the 
election,  the  electors  of  the  precinct  present  at 
that  hour  may  appoint  the  board,  or  supply  the 
place  of  an  absent  member  thereof.  The  board 
of  directors  must,  in  its  order  appointing  the 
board  of  election,  designate  the  place  within  each 
precinct  where  the  election  must  be  held. 

Sec.  7.  The  inspector  is  chairman  of  the  election 
board,  and  may: 

First— Administer  all  oaths  required  in  the  prog- 
ress of  an  election. 

Second— Appoint  judges  and  clerks,  if,  during 
the  progress  of  the  election,  any  judge  or  clerk 
cease  to  act.  Any  member  of  the  board  of  elec- 
tion, or  any  clerk  thereof,  may  administer  and 
certify  oaths  required  to  be  administered  during 
the  progress  of  an  election.  The  board  of  election 
for  each  precinct  must,  before  opening  the  polls, 
appoint  two  persons  to  act  as  clerks  of  the  elec- 
tion. Before  opening  the  polls,  each  member  of 
the  board  and  each  clerk  must  take  and  subscribe 
an  oath  to  faithfully  perform  the  duties  imposed 
upon  them  by  law.  Any  elector  of  the  precinct 
may  administer  and  certify  such  oath.  The  polls 
must  be  open  at  nine  o'clock  A,  M.,  and  kept  open 
until  four  o'clock  P.  M.,  when  the  same  must  be 
closed.  The  provisions  of  the  Political  Code  re- 
lating to  the  form  of  ballots  to  be  used  shall  not 
apply  to  elections  held  under  this  act. 

Sec.  8.  Voting  may  commence  as  soon  as  the 
polls  are  open  and  may  be  continued  during  all 
the  time  the  polls  remain  open,  and  shall  be  con- 
ducted as  nearly  as  practicable  in  accordance  with 
the  provisions  of  chapter  nine  of  title  two  of  part 
three  of  tlie  Political  Code  of  this  State.  As  soon 
as  the  polls  are  closed,  the  judges  shall  open  the 
ballot-box,  and  commence  counting  the  votes;  and 
in  no  case  shall  the  ballot-box  be  removed  from 
the  room  or  place  where  the  election  is  held,  until 


Drainage.  28? 

all  the  ballots  have  been  counted,  which  counting 
shall  in  all  cases  be  public.  The  ballots  shall  be 
taken  out  one  at  a  time  by  the  inspector  or  one  of 
the  judges,  who  shall  open  the  same,  and  read 
aloud  the  names  of  each  person  thereon,  and  the 
office  for  which  name  is  voted  for.  Each  clerk 
shall  write  down  each  office  to  be  filled,  and  the 
name  of  each  person  voted  for  for  such  office,  and 
shall  keep  the  number  of  votes  by  tallies,  as  they 
are  read  aloud  by  the  inspector  or  judge.  The 
counting  of  votes  shall  be  continued,  without  ad- 
journment, until  all  have  been  counted. 

Sec.  9.  As  soon  as  all  the  votes  are  read  off  and 
counted,  a  certificate  shall  be  indorsed  on  each  of 
the  papers  containing  the  poll  list  and  tallies,  or 
attached  thereto,  stating  the  number  of  votes  each 
person  voted  for  has  received,  and  designating  the 
office  to  fill  which  such  person  was  voted  for, 
which  number  shall  be  written  in  figures  and 
words  at  full  length.  Each  certificate  shall  be 
signed  by  the  clerk,  judge,  and  inspector.  One  of 
said  certificates,  with  the  poll  list  and  tally  paper 
to  which  it  is  attached,  shall  be  retained  by  the 
inspector,  and  by  him  preserved  for  six  months. 
The  ballots  shall  be  strung  upon  a  thread  by  the 
inspector  during  the  counting  thereof,  in  the  order 
in  which  they  are  entered  upon  the  tally  list  by 
the  clerks,  and  such  ballots,  together  with  the 
other  of  said  certificates,  with  the  poll  list  and 
tally  paper  to  which  it  is  attached,  shall  be  sealed 
by  the  inspector  in  the  presence  of  the  judges  and 
clerks  and  indorsed  "Election  returns  of  (naming 
the  precinct)  precinct,"  and  be  directed  to  the  sec- 
retary of  the  board  of  directors,  and  shall  be  im- 
mediately delivered  by  the  inspector  or  by  some 
other  safe  and  responsible  carrier,  designated  by 
said  inspector,  to  said  secretary,  and  the  ballots 
shall  be  kept  unopened  for  at  least  six  months; 
and  if  any  person  be  of  the  opinion  that  the  vote 
of  any  precinct  has  not  been  correctly  counted, 
he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and 
demand  a  recount  of  the  vote  of  such  precinct. 

Sec.  10.  The  secretary  of  the  board  of  directors 
must,  as  soon  as  the  result  is  declared,  enter  in 
the  records  of  such  board  a  statement  of  such  re- 
sult,  showing: 


288  Drainage. 

First— The  whole  number  of  votes  cast  in  the 
district,  and  in  each  division  of  the  district. 

Second— The  names  of  the  persons  voted  for. 

Third— The  office  to  fill  which  each  person  was 
voted  for. 

Fourth— The  number  of  votes  given  in  each  pre- 
cinct to  each  of  such  persons. 

Fifth— The  number  of  votes  given  in  each  divi- 
sion for  the  office  of  director  and  for  assessment 
commissioner.  The  board  of  directors  must  de- 
clare elected  the  persons  having  the  highest  num- 
ber of  votes  given  for  each  office.  The  secretary 
must  immediately  make  out  and  deliver  to  such 
person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board.  In  case 
of  vacancy  in  the  office  of  assessment  commis- 
sioner, the  vacancy  shall  be  filled  by  appointment 
by  the  Board  of  Supervisors  of  the  county  where 
organization  was  effected.  An  officer  appointed 
as  above  provided  shall  hold  such  office  until  the 
next  regular  election  for  said  district  and  until  his 
successor  is  elected  and  qualified. 

Sec.  11.  On  the  first  Wednesday  in  the  month 
next  following  their  election,  the  directors  shall 
meet  and  organize  as  a  board,  elect  a  president 
from  their  number,  and  appoint  a  secretary,  who 
shall  each  hold  office  during  the  pleasure  of  the 
board.  The  board  shall  have  the  power,  and  it 
shall  be  their  duty  to  manage  and  conduct  the  bus- 
iness and  affairs  of  the  district;  make  and  exe- 
cute all  necessary  contracts,  employ  and  appoint, 
when  necessary,  engineers  to  survey,  plan,  locate, 
and  estimate  the  cost  of  the  works  necessary  for 
drainage,  and  the  land  needed  for  right  of  way, 
including  drains,  canals,  sluices,  watergates,  em- 
bankments, and  material  for  construction,  and  to 
construct,  maintain,  and  keep  in  repair  all  works 
necessary  for  the  purpose  of  drainage,  and  gener- 
ally to  perform  all  such  acts  as  shall  be  necessary 
to  fully  carry  out  the  purposes  of  this  act.  The 
board  may  establish  equitable  by-laws,  rules,  and 
regulations  necessary  or  proper  for  carrying  on 
the  business  herein  contemplated. 

Sec.  12.  The  board  of  directors  shall  hold  regular 
meetings  at  their  office  on  the  first  Tuesday  in 
March,  June,  September,  and  December,  and  such 
special  meetings  as  may  be  required  for  the  prop- 


Drainage.  289 

er  transaction  of  business;  provided,  that  all  spe- 
cial meetings  must  be  ordered  by  a  majority  of  the 
board  by  an  order  entered  in  the  minutes  specify- 
ing the  business  to  be  transacted.  Three  days'  no- 
tice to  any  member  not  joining  in  the  order  must 
be  given  by  the  secretary,  and  only  the  business 
specified  in  the  order  must  be  transacted  at  such 
special  meeting.  All  meetings  of  the  board  must 
be  public,  and  a  majority  of  members  shall  con- 
stitute a  quorum  for  tne  transaction  of  business. 
A  minute  of  all  proceedings  of  the  board  must  be 
kept  by  the  secretary,  and  all  records  of  the  board 
shall  be  open  to  inspection  during  business  hours. 
The  board  and  its  agents  and  employes  shall  have 
the  right  to  enter  upon  any  land,  to  make  surveys, 
and  may  locate  the  necessary  drainage  works,  and 
the  line'  for  any  canals,  sluices,  water-gates,  and 
embankments,  and  the  necessary  branches  for  the 
same  on  any  lands  which  may  be  deemed  best  for 
such  location;  and  said  board  shall  have  the  right 
to  acquire,  hold,  and  possess,  either  by  donation, 
purchase,  or  condemnation,  any  land  or  other 
property,  necessary  for  the  construction,  use,  main- 
tenance, repair,  and  improvement  of  any  works 
required  for  the  purpose  of  drainage  as  provided 
Iierein.  In  case  of  condemnation,  the  board  shall 
proceed  in  the  name  of  the  district  under  the  pro- 
visions of  title  seven,  of  part  three  of  the  Code  of 
Civil  Procedure  of  this  State,  which  said  provi- 
sions are  hereby  made  applicable  for  that  purpose; 
and  it  is  hereby  declared  that  the  use  of  property 
which  may  be  condemned,  taken,  or  appropriated 
under  the  provisions  of  this  act,  is  a  public  use, 
subject  to  regulation  and  control  of  the  State  in 
the  manner  prescribed  by  law. 

Sec.  13.  The  legal  title  to  all  property  acquired 
under  the  provisions  of  this  act  shall  vest  in  such 
district,  and  shall  be  held  by  the  same  in  trust  for, 
and  the  same  is  hereby  dedicated  and  set  apart  to 
the  uses  and  purposes  set  forth  in  this  act,  and 
said  board  is  hereby  authorized  and  empowered  to 
hold,  use,  acquire,  manage,  occupy,  and  possess 
such  property  as  herein  provided.  The  said  board 
is  hereby  authorized  and  empowered  to  take  con- 
veyances or  otlier  assurances  for  all  property  ac- 
quired by  it  under  the  provisions  of  this  act,  in  the 
name  of  such  district,  to  and  for  the  uses  and 
Gen.  Laws— 25 


290  Drainage. 

purposes  herein  expressed,  and  to  institute  and 
maintain  any  and  all  actions  and  proceedings, 
suits  at  law,  or  in  equity,  necessary  or  proper,  in 
order  to  fully  carry  out  the  provisions  of  this  act, 
and  to  enforce,  maintain,  protect,  or  to  preserve 
any  and  all  rights,  privileges,  and  immunities  cre- 
ated by  this  act,  or  acquired  in  pursuance  thereof. 
And  in  all  courts,  actions,  suits,  and  proceedings, 
the  said  board  may  sue,  appear,  and  defend,  in 
person  or  by  attorney,  and  in  the  name  of  such 
drainage  district. 

Sec.  14.  Upon  the  adoption  of  a  plan  of  drain- 
age by  the  board  of  directors  of  any  district  or- 
ganized under  the  provisions  of  this  act,  said  board 
shall  prepare  an  assessment  book  for  such  district, 
with  proper  headings,  in  which  must  be  listed  all 
lands  within  the  district,  specifying  in  separate 
columns  and  under  appropriate  heads: 

First— The  name  or  names  of  the  owner  or  own- 
ers to  whom  the  land  is  listed.  If  the  name  or 
names  is  not  known  to  the  board,  the  land  shall 
be  listed  to  "unknown  owners." 

Second— A  description  of  each  forty-acre  tract 
or  lot  by  township,  range,  section,  and  fractional 
section,  and  when  such  tract  or  lot  is  not  a  con- 
gressional subdivision  by  metes  and  bounds  or 
other  description  sufficient  to  identify  it,  giving 
the  locality  and  an  estimate  of  the  number  of 
acres. 

Third— City  and  town  lots,  naming  the  city  or 
town,  and  the  number  and  block,  according  to  the 
system  of  numbering  or  designating  in  such  city 
or  town. 

Said  assessment  book  shall  also  contain  proper 
columns  and  headings  for  entries  showing: 

First— The  amount  of  assessments  as  fixed  by 
the  board  of  assessment  commissioners  on  each 
forty-acre  tract  or  lot,  or  fraction  thereof. 

Second— The  amount  of  assessment  fixed  by  said 
commissioners  on  each  city  and  town  lot. 

Third— All  changes  made  by  the  board  of  direct- 
ors in  such  assessments  when  acting  as  a  board  of 
equalization. 

Fourth— The  total  amount  of  all  assessments  af- 
ter equalization  by  the  board  of  directors. 

Fifth— Such  other  matters  as  the  board  of  direct 
ors  may  require. 


Drninage.  291 

Sec.  15.  The  board  of  directors  shall  deliver  the 
assessment  book,  when  completed,  to  the  board 
of  assessment  commissioners,  together  with  a  re- 
port showing  the  total  estimated  cost,  including  ex- 
penses of  organization  and  of  purchases  or  con- 
demnation of  property,  of  the  work  contemplated 
in  the  plan  of  drainage  adopted  for  the  district, 
and  the  estimated  cost  for  repairs,  and  the  inci- 
dental expenses  of  such  district,  for  the  ensuing 
ten  years.  The  board  of  assessment  commission- 
ers shall  thereupon,  as  soon  as  practical,  proceed 
to  ascertain,  determine,  and  assess  upon  each  for- 
ty-acre tract,  or  fraction  thereof,  and  each  city 
or  town  lot,  within  the  district,  an  assessment  in 
proportion  to  the  entire  cost,  as  estimated  by  the 
board  of  directors,  and  the  benefits  to  be  derived 
from  drainage  to  each  tract,  fraction,  city,  or  town 
lot,  and  enter  such  amount,  estimated,  in  United 
States  gold  coin,  in  the  proper  column  in  the  said 
assessment  book,  and  return  the  same,  with  the 
columns  added  up,  to  the  board  of  directors.  The 
board  of  directors  must  immediately  give  notice 
of  the  reception  of  said  assessment,  and  of  the  time 
they,  acting  as  a  board  of  equalization,  will  meet 
to  equalize  assessments,  by  publication  in  a  news- 
paper published  in  each  of  the  counties  comprising^ 
the  district.  The  time  fixed  for  such  meeting  shall 
not  be  less  than  ten  nor  more  than  twenty  days 
from  the  first  publication  of  the  notice,  and  in  the 
meantime  the  assessment  book  must  remain  in  the 
office  of  the  board  for  the  inspection  of  all  per- 
sons interested. 

Sec.  16.  Upon  the  day  specified  in  the  notice 
required  by  the  preceding  section  for  the  meeting, 
the  board  of  directors,  whicli  is  hereby  constituted 
a  board  of  equalization  for  that  purpose,  shall 
meet  and  continue  in  session  from  day  to  day 
(excluding  Sundays)  as  long  as  necessary,  not  to 
exceed  ten  days,  to  hear  and  determine  such  ob- 
jections to  the  valuation  and  assessment  as  may 
come  before  them,  and  to  equalize  the  assessment 
and  the  board  may  change  the  valuation  as  may 
be  just.  The  secretary  of  the  board  must  be  pres- 
ent during  its  sessions,  and  note  all  changes  made 
in  the  assessment,  and  in  the  names  of  the  persons 
whose  property  is  assessed;  and  within  ten  days 
after  the  close  of  the  session  he  shall  have  the 


292  Drainage. 

total  values  and  assessments,  as  finally  equalized 
by  the  board,  extended  into  columns  and  added  up. 
The  sums  thus  fixed  against  each  forty-acre  tract, 
or  fraction  thereof,  and  against  each  city  and  town 
lot,  shall  be  the  basis  for  all  assessments  within 
such  district  for  the  next  ensuing  ten  years;  pro- 
vided, that  the  board  of  directors  may  thereafter, 
whenever  in  their  judgment  a  new  assessment  of 
all  the  land  within  the  district  becomes  necessary, 
order  such  new  assessment  to  be  made  either  by 
the  same  board  of  assessment  commissioners  or  by 
a  new  board  to  be  elected  for  that  purpose  at  the 
next  ensuing  regular  election  in  such  district.  In 
the  latter  case,  notice  shall  be  given  for  the  elec- 
tion of  such  board  of  assessment  commissioners, 
and  such  election  shall  be  conducted  in  all  respects 
as  herein  provided  for  the  election  of  such  board 
in  the  first  instance. 

Sec.  17.  The  board  shall  then  determine  the  por- 
tion of  the  costs  and  expenses  estimated,  as  pro- 
vided in  section  fifteen  of  this  act,  it  will  be  neces- 
sary to  raise  for  the  ensuing  fiscal  year,  and  shall 
levy  an  assessment  upon  the  equalized  sums 
charged  upon  each  tract  or  lot  listed  in  the  assess- 
ment booli:  sufficient  to  raise  the  amount  so  deter- 
mined; and  shall  annually  thereafter,  whenever 
further  assessments  for  such  purposes  are  neces- 
sary, levy  the  same  in  like  manner.  The  secretary 
of  the  board  must  compute  and  enter,  in  a  sepa- 
rate column  of  the  assessment  boolj,  the  respective 
sums,  in  dollars  and  cents,  to  be  paid  on  each  tract 
and  lot  therein  enumerated.  When  collected,  the 
assessment  shall  be  paid  into  the  county  treasury 
of  the  county  where  the  district  was  organized, 
and  the  County  Treasurer  of  said  county  is  here- 
by authorized  and  required  to  receive  and  receipt 
for  the  same,  and  place  the  same  to  the  credit  of 
the  district,  in  a  fund  to  be  called  the  "Fund  of 

Drainage  District,"  and  shall  be  responsible 

upon  his  official  bond  for  the  safe-keeping  and  dis- 
bursement of  the  same,  as  in  this  act  provided. 
He  shall  pay  out  of  the  same  only  upon  warrants 
of  the  board  of  directors,  signed  by  the  president 
and  attested  by  the  secretary.  The  treasurer  shall 
report  in  writing,  at  each  regular  meeting  of  the 
board  of  directors,  and  as  often  thereafter  as  re- 
quested by  the  board,  the  amount  of  money  in  the 


Drainage.  293 

fimd,  the  amount  of  receipts  since  his  last  report, 
and  the  amounts  paid  out;  such  reports  shall  be 
verified  and  filed  with  the  secretary  of  the  board. 

Sec.  18.  The  assessment  authorized  by  the  pre- 
ceding section  is  a  lien  against  the  property  as- 
sessed from  and  after  the  date  when  the  same  is 
made  and  entered  in  the  assessment  book,  as  pro- 
vided in  said  section,  and  such  lien  shall  continue 
until  such  assessment  is  paid,  or  the  property  as- 
sessed is  sold  for  the  payment  thereof. 

Sec.  19.  The  Tax  Collector  of  the  county  where 
the  district  was  organized  is  hereby  constituted  ex 
officio  tax  collector  for  the  district,  and  the  secre- 
tary of  the  board  of  directors  must,  as  soon  as 
practicable  after  the  same  is  completed,  deliver  to 
such  Tax  Collector  the  assessment  book,  who  is 
hereby  authorized  and  directed  to  receive  and  re- 
ceipt for  the  same,  and  within  ten  days  thereafter 
publish  a  notice  in  a  newspaper  published  in  each 
county  in  which  any  portion  of  the  district  may- 
lie,  tliat  said  assessments  are  due  and  payable  at 
his  office,  and,  if  not  before  paid,  will  become  de- 
linquent at  six  o'clock  P.  M.  on  the  last  Monday  in 
December  next  thereafter,  when  five  per  cent  will 
be  added  to  the  amount  thereof,  which  notice  shall 
be  published  for  a  period  of  four  weeks.  The  col- 
lector must  mark  the  date  of  payment  of  any  as- 
sessment in  the  assessment  book  opposite  the 
name  of  the  person  paying,  or  the  property  on 
which  the  same  is  paid,  and  give  a  receipt  to  the 
person  making  such  payment,  specifying  the 
amount  of  the  assessment  and  the  amount  paid, 
with  a  description  of  the  property  assessed.  On 
the  last  Monday  in  December,  at  six  o'clock  P.  M. 
of  each  year,  all  unpaid  assessments  are  delin- 
quent, and  thereafter  the  collector  must  collect 
thereon  an  addition  of  five  per  cent  for  the  use 
of  the  district. 

Sec.  20.  On  or  before  the  first  day  of  February, 
the  collector  must  publish  the  delinquent  list, 
which  must  contain  the  names  of  the  persons,  or 
as  "unknown,"  where  the  same  is  not  known,  and 
a  description  of  the  property  delinquent,  and  the 
amount  of  the  assessments  and  costs  due  opposite 
each  name  and  description.  He  must  attend  to 
and  publish,  with  the  delinquent  list,  a  notice  that 
unless  the  delinquent  assessments,  together  with 


294  Drainage. 

costs  and  percentage,  are  paid,  the  property  as- 
sessed will  be  sold  at  public  auction.  The  publi- 
cation must  be  made  once  a  week  for  tliree  suc- 
cessive weelvs,  in  a  newspaper  in  each  county  In 
which  the  property  on  which  the  assessment  is  de- 
linquent is  situated.  The  publication  must  desig- 
nate the  time  and  place  of  sale.  The  time  of  sale 
must  not  be  less  than  twenty-one  nor  more  than 
twenty-eight  days  from  the  first  publication,  and 
the  place  must  be  in  front  of  the  court-house  of 
the  county  where  the  district  was  organized. 

Sec.  21.  The  collector  must  collect,  in  addition 
to  the  assessments  due  on  the  delinquent  list  and 
five  per  cent  added,  fifty  cents  on  each  lot,  piece, 
or  tract  separately  assessed,  one-half  of  which 
must  go  to  the  district  and  the  other  to  the  collec- 
tor for  preparing  the  list.  On  the  day  fixed  for 
the  sale,  or  some  subsequent  day,  to  which  he  may 
have  postponed  the  sale,  of  which  he  must  give 
notice,  the  collector,  between  the  hours  of  ten 
A.  M.  and  three  o'clock  P.  M.,  must  commence  the 
sale  of  the  property  advertised,  commencing  at  the 
head  of  the  list  and  continuing  alphabetically,  or 
in  the  numerical  order  of  the  lots  or  blocks,  until 
completed.  He  may  postpone  the  day  of  com- 
mencing sales  or  sale  from  day  to  day,  but  the 
same  must  be  completed  within  three  weeks  from 
the  day  first  fixed.  If  any  sale  or  sales  be  stayed 
by  judicial  process,  the  time  of  such  stay  is  not 
part  of  the  time  limited  for  making  such  sale  or 
sales. 

Sec.  22.  The  owner  or  person  in  possession  of 
any  property  offered  for  sale  for  assessments  due 
thereon,  may  designate  in  writing  to  the  collector, 
prior  to  the  sale,  what  portion  of  the  property  he 
wishes  sold,  if  less  than  the  whole;  but  if  such 
person  does  not,  then  the  collector  may  designate 
it.  and  the  person  who  will  take  the  least  quantity 
of  the  land,  or  in  case  an  undivided  interest  is  as- 
sessed, then  the  smallest  portion  of  the  interest, 
and  pay  the  assessments  and  costs  due,  including 
two  dollars  to  the  collector  for  the  duplicate  cer- 
tificate of  sale,  is  the  purchaser.  If  the  purchaser 
does  not  pay  the  assessments  and  costs  before  ten 
o'clock  A.  M.  the  following  day,  the  property  on 
the  next  sale  day  must  be  resold  for  the  assess- 
ments and  costs.    In  case  there  is  no  purchaser  in 


Drainage.  295 

good  faith  for  the  property  on  the  first  clay  it  is 
offered  for  sale,  then  when  tlie  same  is  offered 
thereafter  for  sale,  and  there  is  no  purchaser  in 
good  faith,  the  entire  property  assessed  shall  be 
struck  off  to  the  drainage  district,  within  which 
the  tract,  parcel,  or  lot  is  situated,  as  the  pur- 
chaser, and  the  duplicate  certificate  of  sale  deliv- 
ered to  the  treasurer  of  the  district,  and  filed  by 
him  in  his  office.  No  charge  shall  be  made  for  the 
duplicate  certificate  where  the  district  is  the  pur- 
chaser, and  in  such  case  the  collector  shall  make 
an  entry,  "sold  to  the  district,"  and  he  shall  be 
credited  with  the  amount  thereof  in  his  settlement. 
A  drainage  district  as  purchaser,  at  such  sale, 
shall  be  entitled  to  the  same  rights  as  an  individ- 
ual purchaser,  and  the  title  so  acquired  by  the  dis- 
trict, subject  to  the  right  of  redemption  herein 
provided,  may  be  conveyed  by  deed,  executed  and 
acknowledged  by  the  president  and  secretary  of 
the  board  of  directors;  provided,  that  authority  to 
so  convey  must  be  confirmed  by  resolution  of  the 
board,  entered  on  its  minutes,  fixing  the  price, 
not  less  than  the  reasonable  market  value  of  the 
property,  which  shall  not  be  sold  at  less  than  the 
price  fixed.  After  receiving  the  amount  of  assess- 
ments and  costs,  the  collector  must  make  out  in 
duplicate  a  certificate,  dated  on  the  day  of  sale, 
stating  (when  known)  the  name  of  the  person  as- 
sessed, a  description  of  the  land  sold,  the  amount 
paid  therefor,  that  it  was  sold  for  assessments 
giving  the  amount  and  year  of  the  assessment,  and 
specifying  the  time  when  the  purchaser  will  be 
entitled  to  a  deed.  The  certificate  must  be  signed 
by  the  collector,  and  one  copy  delivered  to  the  pur- 
chaser and  the  other  filed  in  the  office  of  the 
County  Recorder  of  the  county  in  which  the  land 
is  situated. 

Sec.  23.  Before  delivering  any  certificate  the 
collector  must,  in  a  book,  enter  a  description  of  the 
land  sold,  corresponding  with  the  description  in 
the  certificate,  the  date  of  the  sale,  purchasers' 
names  and  amount  paid,  regularly  number  the  de- 
scription on  the  margin  of  the  book,  and  put  a 
corresponding  number  on  the  certificate.  Such 
book  must  be  open  to  public  inspection  without 
fee,  during  office  hours  when  not  in  actual  use. 
On  filing  the  certificate  with  such  County  Record- 


29G  Drainage, 

er,  the  lien  of  tlie  assessments  vests  with  the  pur- 
chaser, and  is  only  divested  by  payment  to  him 
or  to  the  collector  for  his  use,  the  purchase  money, 
and  two  per  cent  per  month  from  the  day  of  sale 
until  redemption. 

Sec.  24.  A  redemption  of  the  property  sold  may 
be  made  by  the  owner,  or  any  party  in  interest 
within  twelve  months  from  the  date  of  purchase; 
redemption  must  be  made  in  gold  or  silver  coin 
as  provided  for  the  collection  of  state  and  county 
taxes,  and  when  made  to  the  collector  he  must 
credit  the  amount  paid  to  the  person  named  in 
the  certificate,  and  pay  it  on  demand  to  such  per- 
son or  his  assignee,  in  each  report  the  collector 
makes  to  the  board  of  directors,  he  must  name  the 
person  entitled  to  redemption  money,  and  the 
amount  due  to  each.  On  receiving  the  certificate 
of  sale,  the  County  Recorder  must  file  it,  and  make 
an  entry  in  a  book  similar  to  that  required  of  the 
collector.  On  presentation  of  the  receipt  of  the 
person  named  in  the  certificate,  or  of  the  collector 
for  his  use  of  the  total  amount  of  redemption 
money,  the  Recorder  must  mark  the  word  "re- 
deemed." the  date,  and  by  whom  redeemed 
on  the  certificate,  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is 
made.  If  tlie  property  is  not  redeemed  within 
twelve  months  from  the  same,  the  collector  or  his 
successor  in  oflice  must  make  to  the  purchaser  or 
his  assignee,  a  deed  of  the  property,  reciting  in 
the  deed  substantially  the  matters  contained  in 
the  certificate,  and  that  no  person  redeemed  the 
property  during  the  time  allowed  by  law  for  its 
redemption.  The  collector  shall  receive  from  the 
grantee,  for  the  use  of  the  district,  two  dollars  for 
making  such  deed. 

Sec.  25.  The  matter  recited  in  the  certificate  of 
sale  must  be  recited  in  the  deed,  and  such  deed 
duly  acknowledged  or  proved  is  prima  facie  evi- 
dence that: 

First— The  property  was  assessed  as  required  by 
law. 

Second— That  the  property  was  equalized  as  re- 
(juired  by  law. 

Third — That  the  assessments  were  levied  in  ac- 
cordance with  law. 

Fourth— The  assessments  were  not  paid. 


Drainage.  297 

Fifth— That  at  a  proper  time  and  place  the  prop- 
erty was  sold  as  prescribed  by  law,  and  by  the 
proper  officer. 

Sixth— That  the  property  was  not  redeemed. 

Seventh— The  person  who  executed  the  deed  was 
the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  (except 
as  against  actual  fraud)  is  conclusive  evidence  of 
the  regularity  of  all  proceedings  from  the  assess- 
ment by  the  board  of  assessment  commissioners, 
inclusive,  up  to  the  execution  of  the  deed.  The 
deed  conveys  to  the  grantee  the  absolute  title  to 
the  lands  described  therein,  free  of  all  incum- 
brances, except  when  the  land  is  owned  by  the 
United  States  or  by  this  State,  in  which  case  it  is 
prima  facie  evidence  of  the  right  of  concession. 

Sec.  26.  The  assessment  book,  or  delinquent  list, 
or  a  copy  thereof,  certified  by  the  collector,  show- 
ing unpaid  assessments,  against  any  property,  is 
prima  facie  evidence  of  the  assessment,  the  prop- 
erty assessed,  the  delinquency,  the  amount  of  as- 
sessments due  and  unpaid,  and  that  all  forms  of 
law  in  relation  to  the  assessment  and  levy  of  such 
assessments  have  been  complied  with. 

Sec,  27.  When  land  is  sold  for  assessments  cor- 
rectly imposed,  as  the  property  of  a  particular  per- 
son, no  misnomer  of  the  owner  or  supposed  owner, 
or  other  mistake  relating  to  the  ownership  thereof, 
affects  the  sale  or  renders  it  void  or  voidable. 

Sec.  28.  On  the  first  Monday  of  each  month,  the 
collector  must  settle  with  the  secretary  of  the 
board  for  all  moneys  collected  for  assessments. 
and  pay  the  same  over  to  the  treasurer;  and  within 
six  days  thereafter  he  must  deliver  to,  and  file 
in  the  office  of  the  secretary  a  statement,  under 
oath,  showing: 

First— An  account  of  all  transactions  and  re- 
ceipts since  his  last  settlement. 

Second — That  all  money  collected  by  him  as  col- 
lector has  been  paid. 

He  shall  also  file  in  the  offiice  of  the  secretary  on 
each  settlement  the  receipt  of  the  treasurer  for  the 
money  so  paid.  The  collector  shall  be  accountable, 
upon  his  official  bond,  for  all  moneys  collected  by 
him,  and  for  the  faithful  performance  of  all  duties 
imposed  upon  him  by  this  act. 


298  Drainage. 

Sec.  29.  The  board  of  directors  shall  have  power 
to  construct  the  worlis  necessary  for  drainage  pur- 
poses across  any  street,  avenue,  highway,  railway, 
canal,  ditch,  or  flume  which  the  route  of  said  worlis 
may  intersect  or  cross,  in  such  manner  as  to  afford 
security  for  life  and  property;  and  shall  restore 
the  same,  when  crossed  or  intersected,  to  its  for- 
mer state  as  near  as  may  be,  or  in  such  manner  as 
not  to  have  impaired,  unnecessarily,  its  useful- 
ness. Every  company  whose  railroad,  and  the 
Board  of  Supervisors,  where  any  public  highway 
shall  be  intersected  or  crossed  by  said  works,  shall 
unite  with  said  board  of  directors  in  forming  such 
intersections  and  crossings,  and  grant  the  privi- 
lege aforesaid;  and  if  said  railroad  company,  or 
said  Board  of  Supervisors,  or  the  owners  and  con- 
trollers of  said  property,  thing,  or  franchise  so  to 
be  intersected  or  crossed,  and  said  board  of  direct- 
ors, cannot  agree  upon  the  amount  to  be  paid  there- 
for, or  the  points  or  manner  of  such  crossings  or 
intersections,  the  same  shall  be  ascertained  and 
determined  in  all  respects  as  herein  provided  in  re- 
spect to  the  taking  property  by  condemnation. 
The  right  of  way  is  hereby  given,  dedicated,  and 
set  apart  to  locate,  construct,  and  maintain  such 
necessary  drainage  works  over  and  through  any 
lands  which  are  now  or  may  be  the  property  of 
this  State. 

Sec.  30.  All  claims  against  the  district  must  be 
presented  to  the  board  for  audit  and  allowance, 
and  if  legal  charges  against  the  district,  the  same 
must  be  paid  by  the  treasurer,  on  warrants  of  the 
district,  signed  by  the  president  of  the  board,  and 
countersigned  by  the  secretary;  provided,  that  the 
board  sliall  not  have  power  to  audit  or  allow  any 
claim  against  the  district,  or  to  draw  any  warrant 
for  the  payment  of  the  same,  which  shall  exceed 
in  any  fiscal  year  the  revenue  provided  for  such 
fiscal  year. 

Sec.  31.  Each  member  of  the  board  of  directors 
shall  receive  three  dollars  per  day  for  each  day's 
attendance  at  the  meetings  of  the  board,  and  ac- 
tual and  necessary  expenses  paid  while  engaged 
in  oflicial  business  under  the  order  of  the  board. 
The  board  shall  fix  the  compensation  of  the  assess- 
ment commissioners,  secretary,  treasurer,  and  col- 
lector, which  shall  be  paid  out  of  the  treasury  of 


Drainage.  299 

the  district  in  lilie  manner  as  otlier  expenses  are 
paid. 

Sec.  32.  None  of  the  provisions  of  this  act  shall 
be  construed  as  repealing  or  in  anywise  modify- 
ing the  provisions  of  any  other  act  relating  to  the 
subject  of  drainage. 

Sec.  33.  This  act  shall  talie  effect  from  and  after 
its  passage. 


An  Act  to  provide  a  system  of  drainage  for  agri- 
cultural, swamp,  and  overflowed  lands. 

[Approved  March  3,  1881;  Stats.  1881,  15.] 

Duty  of  Supervisors. 

Section  1.  Whenever  two  or  more  landowners 
shall  petition  the  Board  of  Supervisors  for  a  ditch, 
drain,  or  other  watercourses,  defining  the  place  of 
l3eginning,  and  the  lands  through  which  it  or  they 
are  to  pass  to  their  outlets,  and  state  their  esti- 
mated course,  and  shall  give  said  Supervisors  good 
and  sufllcient  bonds  for  the  payment  of  all  costs 
that  may  accrue  (provided  said  petition  should 
not  be  granted),  said  Supervisors  shall,  within 
thirty  days  of  the  presentation  of  said  petition, 
appoint  a  day  for  the  hearing  of  the  same;  they 
shall  also  cause  to  be  published,  in  some  news- 
paper having  a  general  circulation  in  the  county, 
a  copy  of  said  petition,  together  with  the  time  and 
place  set  to  hear  and  ansAver  said  petition. 
Duty  of  Surveyor. 

Sec.  2.  Said  Supervisors  shall  also  direct  the 
county  surveyor  to  survey  the  line  of  said  propos- 
ed ditch,  or  water-way,  taking  notes  of  the  descent 
of  the  land,  and  report  to  them  on  or  before  said 
day  of  hearing  the  descent,  if  any,  between  the 
head  and  outlet  of  said  ditch,  together  with  a  list 
of  the  intermediate  grades,  and  the  lands  or  inter- 
ests to  be  affected  thereby,  and  such  other  inform- 
ation as  may  come  under  his  notice  on  the  subject. 
In  locating  such  ditches  or  drains,  when  practica- 
ble, they  shall  be  located  on  section  or  subdivision 
lines. 
Costs,  when  paid  by  petitioners. 

Sec.  3.    If,  on  the  day  of  hearing,  the  Supervis- 
ors shall  find  the  location  of  said  ditch  impractic- 


300  Drainage. 

able,  for  causes  hereinafter  described,  the  costs 

sliall  be    collected  from  the    petitioners    or  their 

bondsmen. 

When  ditch  to  be  constructed. 

Sec.  4.  If  the  Supervisors  shall,  on  hearing  the 
petition,  find  that  the  construction  of  the  ditch 
would  be  conducive  to  the  general  welfare  of  the 
landowners  so  petitioning,  and  not  inconsistent 
with  the  rights  and  privileges  of  other  contiguous 
territory,  to  construct  drains  or  ditches,  and  if  the 
surveyor  reported  sufficient  fall  to  make  the  ditch 
available,  then  the  supervisors  shall,  in  their  dis- 
cretion, grant  the  prayer  of  the  petitioners,  and 
shall  proceed  to  examine  the  lands  affected  by  it, 
and  shall  cause  said  ditch  to  be  surveyed,  and 
stakes  set  every  one  hundred  feet,  and  cause  a 
journal  to  be  made  of  the  depth  and  width  to  be 
excavated  at  each  stake. 
Apportionment  of  work. 

Sec.  5.  Said  Supervisors  shall  then  apportion  the 
excavation  of  said  ditch  to  the  lands  affected  there- 
by, according  to  the  benefits  received,  after  notice 
to  the  owners  of  the  time  of  making  such  appor- 
tionment, and  giving  to  each  a  hearing.  They  shall 
also,  in  like  manner,  apportion  the  cost  of  locating, 
including  right  of  way  (when  not  donated),  in 
lawful  money  of  the  United  States,  and  shall  ap- 
point a  day  for  the  hearing  of  exceptions  to  the 
apportionment.  On  the  second  hearing  they  shall 
apportion  the  cost  and  labor  of  said  ditch  to  the 
land  affected  thereby;  but  no  Supervisor  who  Is 
directly  or  indirectly  interested  in  such  ditch  shall 
take  part  in  such  apportionment. 
Notice  to  landowners. 

Sec.  6.  The  board  shall  then  give  notice,  in  writ- 
ing, to  all  the  resident  landowners  of  the  part  of 
ditch  apportioned  to  them,  as  described  by  the 
stakes  and  their  numbers,  and  of  the  specifications 
of  the  ditch,  and  also  of  the  costs  in  money  as  ap- 
portioned to  them;  and  if  any  of  the  owners  or 
lands  affected  thereby  are  non-residents  of  the 
county,  they  shall  cause  to  be  printed,  in  a  county 
newspaper  having  a  general  circulation,  a  copy  of 
said  apportionment,  together  with  the  time  set 
for  the  completion  of  the  work. 


Uraiuage.  301 

Examination  of  work. 

Sec.  7.  On  the  day  set  for  the  completion  of  the 
work,  or  as  soon  thereafter  as  practicable  (which 
shall  be  after  a  reasonable  time),  said  Supervis- 
ors shall  proceed  to  examine  said  ditch  or  ditches, 
and  if,  in  their  opinion,  any  portion  thereof  shall 
not  be  completed  according  to  the  specifications, 
they  shall  notify  the  person  to  whom  said  portion 
was  awarded  to  complete  the  same  within  such 
time  as  they  may  designate.  If  not  so  completed 
at  the  expiration  of  the  time  specified,  said  Board 
of  Supervisors  shall  advertise  the  construction  of 
the  same  by  posting  notice  in  three  conspicuous 
places  within  the  territory  affected  by  said  ditch. 
Upon  the  day  specified  in  said  notice,  said  Super- 
visors shall  proceed  to  let  the  same  to  the  lowest 
responsible  bidder,  who  shall  give  such  bonds  as 
shall  be  required  by  said  board,  and  shall  proceed 
to  complete  such  works  to  the  satisfaction  of  said 
board  in  the  time  agreed  upon.  The  board  shall 
report  the  cost  of  such  work  to  the  county  audi- 
tor, who  shall  cause  the  amount  thereof  to  be  en- 
tered on  the  tax-books  of  the  county,  and  the  same 
shall  be  a  tax  upon  said  lands,  which  amount  shall 
be  collected  the  same  as  other  taxes,  and  paid  to 
the  party  performing  such  worl^. 
Disposal  of  funds. 

Sec.  8.  The  County  Treasurer  shall  place  such 
funds  to  the  credit  of  each  respective  ditch  fund, 
and  shall  pay  out  the  same  on  warrants  drawn 
by  the  Board  of  Supervisors.  The  treasurer  shall 
receive  as  compensation  for  his  services  one  per 
cent  of  all  moneys  by  him  disbursed  under  this 
act. 
Road  overseer  to  have  charge. 

Sec.  9.  All  ditches  and  drains  constructed 
under  the  provisions  of  this  act  shall  be  in  charge 
of  the  road  overseer  through  whose  district  such 
drains  are  constructed.  The  Board  of  Supervisors 
shall,  at  their  meeting  in  December  of  each  year, 
advertise  for  bids  to^keep  all  ditches  and  drains 
created  under  the  provisions  of  said  act  clean  and 
free  from  all  rubbish,  and  graded  to  the  original 
established  grade  for  the  period  of  one  year.  Said 
notice  shall  be  given  bj^  publication  in  some  paper 
of  general  circulation,  published  in  said  county, 
Gen.  Laws— 26. 


302  Drainage. 

for  at  least  two  months  before  the  monthly  meet- 
ing of  said  board  in  January.  At  which  time  the 
bids  for  doing  said  work  shall  be  opened  and  the 
contract  awarded  to  the  lowest  responsible  bidder, 
whose  bid  shall  have  been  accompanied  by  a  cer- 
tified check  for  at  least  twenty-five  per  cent  of 
his  bid,  and  which  shall  be  forfeited  to  the  county 
if  he  shall  fail,  refuse,  or  neglect  to  file  a  bond, 
with  two  sufficient  sureties,  payable  to  said  coun- 
ty within  ten  days.  Any  bidder  to  whom  any  con- 
tract has  been  awarded,  w^ho  shall  fail,  refuse,  or 
neglect  to  file  the  bond  required  by  this  act,  shall 
be  awarded  to  the  next  lowest  responsible  bidder, 
and  so  on  until  all  bidders  have  had  an  oppor- 
tunity of  complying  with  their  bid,  and  the  certi- 
fied check  of  each  bidder  who  shall  have  an  op- 
portunity to  take  such  contract  shall  be  forfeited 
to  the  county,  and  each  bidder  except  the  first 
shall  file  his  bond  within  ten  days  after  receiv- 
ing notice  that  he  has  been  awarded  the  contract. 
If  all  the  bidders  shall  fail,  refuse,  or  neglect  to 
file  a  bond  and  to  complete  said  work,  the  board 
shall  have  power  to  enter  into  a  contract  with  any 
responsible  party  without  advertising;  provided, 
they  shall  have  no  power  to  award  the  contract 
for  a  greater  sum  than  twenty-five  per  cent  more 
than  the  lowest  bid  received  upon  such  advertise- 
ment. The  amount  of  said  contract  shall  be  levied 
against  the  lands  in  accordance  with  the  appor- 
tionment when  such  ditch  was  originally  con- 
structed, and  shall  be  collected  by  the  Tax  Collec- 
tor at  the  same  time  and  in  the  same  manner  as 
the  state  and  county  taxes  are  collected.  [Amend- 
ment approved  March  27,  1S97;  Stats.  1897,  chap, 
clxlv.] 
Encroachments  or  obstructions. 

Sec.  10.  Any  person  causing  an  encroachment  or 
obstruction  to  any  ditch  or  drain  created  under  the 
provisions  of  tbis  act,  and  failing  to  remove  the 
same  for  the  space  of  twenty-four  hours  after  no- 
tice shall  have  been  given  to  such  person  by  the 
road-master,  if  he  can  be  found  in  the  county, 
otherwise  by  posting  by  him,  at  or  near  tlie 
place  of  encroachment  or  obstruction,  may  be  fined 
not  exceeding  two  hundred  dollars,  or  imprisoned 
not  more  than  thirty  days  in  the  county  jail,  or  by 


Drainage.  303 

both  such  fine  and  imprisonment.  The  fines  so  col- 
lected shall  be  placed  to  the  credit  of  the  district 
road  fund  where  such  encroachment  or  obstruction 
is  had,  and  proceedings  for  such  offenses  may  be 
had  before  any  court  of  competent  jurisdiction. 

Construction. 

Sec.  11.  The  provisions  of  this  act  shall  not  be 
construed  so  as  to  permit  waters  to  be  carried  out 
of  their  natural  course  to  augment  other  streams 
or  drains,  to  the  damage  of  the  residents  along  the 
banks  of  the  streams  or  drains  so  augmented. 
Condemnation. 

See.  12.  Whenever  the  board  of  supervisors  can- 
not purchase,  at  a  reasonable  price,  or  procure  the 
right  of  way,  or  procure  the  consent  of  all  parties 
interested  to  join  or  connect  with  any  existing 
ditches  or  outlets,  the  president  of  the  board  may 
proceed  to  condemn  the  same  under  the  provisions 
Qf  Title  VII.,  Part  III.,  of  the  Code  of  Civil  Pro- 
cedure, and  amendments  thereto,  which  are  now 
existing  or  may  hereafter  be  made,  at  the  expense 
of  the  parties  so  petitioning. 

Sec.  13.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


304  Education. 

TITLE  75. 

EDUCATION. 

See  Colleges. 

An  Act  to  encourage  and  provide  for  tlie  dissem- 
ination of  a  Isinowledge  of  the  arts,  sciences, 
and  general  literature,  and  the  founding,  main- 
taining, and  perpetuating  public  libraries,  mu- 
seums, and  galleries  of  art,  and  the  receipt  of 
donations  and  contributions  thereto  when  es- 
tablished; for  the  conveyance,  holding,  and 
protection  of  real  property  within  this  state 
suitable  for  the  purposes  herein  designated, 
and  the  erection  thereon  of  buildings  appro- 
priate to  such  purposes,  and  for  the  creation  of 
trusts  necessary  or  proper  for  the  better  pres- 
ervation of  such  institutions,  and  the  control 
and  management  thereof. 

[Approved  March  5,  1887;  1887,  26.] 

Manner  of  conveying  gifts  for  dissemination  of 
ivuowledge  of  arts,  etc. 
Section  1.  Any  person  intending  in  his  lifetime, 
or  by  will  or  trust  deed,  to  operate,  after  his  death, 
to  found,  maintain,  and  perpetuate  in  this  state  a 
public  library,  museum,  gallery  of  art,  or  any  or 
all  thereof,  for  the  diffusion  of  mechanical,  scien- 
tific, artistic,  and  general  knowledge,  may  to  that 
end  and  for  such  purpose,  and  for  any  purpose 
within  the  purview  of  the  title  of  this  act,  convey 
in  writing  by  words  denoting  a  gift  or  grant  to 
one  or  more  trustees  named  in  such  gift  or  grant, 
and  to  their  successors,  any  library  or  collection  of 
books  and  works  for  such  public  library,  or  any 
museum,  or  gallery  of  art  in  this  State,  and  such 
gift  or  grant  may  also  express  and  shall  be  con- 
strued to  be  a  conveyance  of  the  future  additions 
and  accretions  thereof;  and  he  may  also  in  like 
manner,  to  that  end,  and  for  such  purpose,  convey 
by  grant  to  sucli  trustee  or  trustees  any  real  prop- 
erty within  this  State  belonging  to  him,  which 
may  be  necessary  or  proper  for  the  erection  and 


Education.  305 

maintenance  of  buildings  suitable  to  such  institu- 
tion, and  the  buildings  erected  thereon,  with 
grounds  conveniently  adjacent  thereto,  and  other 
lands,  tenements,  and  hereditaments  for  the  pur- 
pose of  producing  an  income  for  the  support  and 
maintenance  of  such  institutions,  or  any  of  them, 
and  any  collateral  burdens  which  may  be  imposed 
by  the  terms  of  such  foundation  as  part  and  parcel 
of  the  regulations  for  its  conduct,  and  also  per- 
sonal property  of  all  descriptions,  which  may  sub- 
serve the  purposes  of  the  institution  and  mainte- 
nance of  any  such  library,  museum,  or  gallery  of 
art. 
Gifts  by  other  than  founder. 

Sec.  2.  Any  contributions  or  gifts  by  any  other 
person  than  the  founder,  or  any  property  suitable 
to  the  general  plan  or  support  of  any  institution 
mentioned  in  the  title  of  this  act,  shall  immedi- 
ately vest  in  the  trustees,  and  become  incorpo- 
rated into  and  subject  to  the  trust,  and  to  all  its 
terms  and  conditions,  and  be  managed  under  the 
rules  and  regulations  prescribed  therefor. 

Sec.  3.  The  person  making  such  gift,  grant,  or 
conveyance,  as  founder,  may  therein  designate,— 

1.  The  name  by  which  the  institution  so  found- 
ed and  maintained  shall  be  known. 

2.  Its  nature,  object,  and  purposes. 

3.  The  powers  and  duties  of  the  trustees,  which 
shall  not  be  exclusive  of  other  powers  and  duties 
that,  in  their  judgment,  may  be  necessary  more 
effectually  to  carry  out  the  purposes  of  such  insti- 
tution. 

4.  The  mode  and  manner  and  by  whom  the  suc- 
cessors to  the  trustees  named  in  the  gift  or  grant 
shall  be  appointed. 

5.  Such  rules  and  regulations  for  the  manage- 
ment of  such  institution,  and  the  furtherance  of 
its  purposes,  as  the  grantor  may  elect  to  prescribe; 
but  such  rules  and  regulations  shall,  unless  the 
grant  shall  otherwise  prescribe,  be  deemed  advis- 
ory only,  and  shall  not  preclude  such  trustees  or 
their  successors  from  making  such  changes  as  new 
conditions  may,  from  time  to  time,  require. 

6.  The  place  or  places  where  the  necessary 
buildings  shall  be  erected,  and  the  general  charac- 
ter thereof.    The  person  making  such  grant  may 


306  Education. 

therein  provide  for  all  other  things  necessary  and 
proper  to  carry  out  the  purposes  thereof,  or  other- 
wise, by  his  last  will  or  testament. 

Sec.  4.  The  trustees  named  in  such  gift  or  grant, 
and  their  successors,  may,  in  the  name  of  such  in- 
stitution designated  in  the  gift  or  grant,  sue  and 
defend  in  relation  to  the  trust  property,  and  to  all 
matters  affecting  the  institution  so  founded  and 
established. 
Privileges  granted  to  founder. 

Sec.  5.  By  a  provision  in  such  gift  or  grant,  the 
founder  may  elect,  in  respect  to  the  personal  and 
real  property  conveyed,  and  the  additions  and  in- 
crease thereof,  and  in  respect  to  the  erection,  main- 
tenance, and  management  of  any  buildings  auxili- 
ary thereto,  and  in  respect  to  any  property  con- 
nected with  such  institution,  to  reserve  to  himself 
a  veto  and  right  of  annulment  or  modification  of 
any  act  of  such  trustees,  in  case  he  shall,  within 
thirty  days  after  notice  of  the  performance  of  such 
act,  tile  in  the  office  of  said  trustees,  or  deliver  to 
their  president  or  principal  officer,  a  notice  in  writ- 
ing, of  such  veto,  annulment,  or  modification,  and 
upon  a  lilie  notice,  in  conformity  with  a  provision 
in  such  gift  or  grant,  he  may  elect  to  perform 
during  his  life  all  the  powers  which,  by  the  terms 
thereof,  are  vested  in  or  enjoined  upon  the  trus- 
tees therein  named,  and  their  successors;  provided, 
that  upon  the  death  or  disability  to  act  of  the 
founder  and  grantor,  such  powers  and  duties  shall 
be  devolved  upon,  and  be  exercised  by,  the  trus- 
tees named  in  the  gift  or  grant,  and  their  succes- 
sors. Such  person  may  also  reserve  the  right  to 
alter,  amend,  or  modify,  at  any  time  during  his 
life,  or  by  his  last  will  and  testament,  the  terms 
and  conditions  thereof,  and  the  trusts  therein  cre- 
ated in  respect  to  such  institution,  its  buildings, 
and  the  property  conveyed  therefor. 
Election  of  officers  and  compensation. 

Sec.  6.  The  founder  shall  have  power  in  said 
deed  of  trust  to  name  and  describe  the  character 
and  personality  of  any  one  or  more  of  the  immedi- 
ate or  future  trustees,  the  librarian,  and  other  offi- 
cers, and  to  name  and  impose  any  particular  duty 
to  be  performed  by  any  one  or  more  trustees  or 
other  officers  so  described  and  characterized,  and 


Education.  307 

to  declare  and  limit  any  compensation,  and  fix  the 
character  and  method  of  such  compensation  he 
may  choose  to  provide  for  any  such  trustee  or 
other  officer  whom  the  terms  of  his  foundation 
may  characterize,  and  upon  whom  specific  or  gen- 
eral duties  shall  he  imposed. 
Gift,  how  recorded. 

Sec.  7.  Any  such  gift  or  grant  may  be  executed, 
acknowledged,  and  recorded  in  the  manner  now  or 
hereafter  provided  by  law  for  the  execution,  ac- 
knowledgment, and  recording  of  grants  of  real 
property. 
Time  of  commencing  suit. 

Sec.  8.  No  suit,  action,  or  proceeding  shall  be 
commenced  or  maintained  by  any  person  to  set 
aside,  annul,  or  affect  said  gift,  grant,  or  convey- 
ance or  to  affect  the  title  to  the  property  conveyed, 
or  the  right  to  the  possession  or  to  the  rents,  is- 
sues, and  profits  thereof,  unless  the  same  be  com- 
menced within  two  years  after  the  date  of  the  fil- 
ing of  such  grant  for  record. 
Founder  may  bequeath  to  State  of  California. 

Sec.  9.  Any  person,  being  the  founder,  making 
a  gift  or  grant  for  any  of  the  purposes  mentioned 
in  this  act,  may,  at  any  time  thereafter,  by  last 
will  or  testament,  devise  or  bequeath  to  the  State 
of  California  all  or  any  of  the  property,  real,  and 
personal,  mentioned  in  such  gift  or  grant,  or  in 
any  such  supplemental  thereto,  and  such  devise 
or  bequest  shall  take  effect  in  case,  from  any 
cause  whatever,  the  gift  or  grant  shall  be  annulled 
or  set  aside,  or  the  trusts  therein  declared  shall 
for  any  reason  fail.  Such  devise  or  bequest  Is 
hereby  suffered  to  be  made  by  way  of  assurance 
that  the  intentions  of  the  grantor  shall  be  carried 
out,  and  in  the  faith  that  the  State,  in  case  it  shall 
succeed  to  the  property,  or  any  part  thereof,  will, 
to  the  extent  and  value  of  such  property,  carry 
out,  in  respect  to  the  objects  and  purposes  of  any 
such  grant,  all  the  wishes  and  intentions  of  the 
grantor. 
Liberal  construction  of  provisions. 

Sec.  10.  The  provisions  of  this  act  shall  be 
liberally  construed,  with  a  view  to  effect  its  ob- 
jects and  purposes,  and  the  singular  number  in 
the  construction  thereof  shall  be  deemed  to  in- 


308  Education. 

elude  the  plural,  and  the  plural  number  shall  be 
deemed  to  include  the  singular. 
Universities,  colleges,  schools,  etc. 

Sec.  11.  Nothing  in  this  act  shall  repeal,  mod- 
ify, change,  or  have  any  effect  upon  any  of  the  pro- 
visions of  an  act  of  the  legislature  of  the  State  of 
California  entitled  "An  Act  to  advance  learning, 
the  arts  and  sciences,  and  to  promote  the  public 
welfare  by  providing  for  the  conveyance,  holding, 
and  protection  of  property,  and  the  creation  of 
trusts  for  the  funding,  endowment,  erection,  and 
maintenance,  within  this  State,  of  universities,  col- 
leges, schools,  seminaries  of  learning,  mechanical 
institutes,  museums,  and  galleries  of  art,"  approv- 
ed March  ninth,  eighteen  hundred  and  eighty-five. 

Sec.  12.    This  act  shall  take  effect  immediately. 


An  Act  to  advance  learning,  the  arts  and  sciences, 
and  to  promote  the  public  welfare,  by  provid- 
ing for  the  conveyance,  holding,  and  protection 
of  property,  and  the  creation  of  trusts  for  the 
founding,  endowment,  erection,  and  mainte- 
nance within  this  State  of  universities,  col- 
leges, schools,  seminaries  of  learning,  mechani- 
cal institutes,  museums,  and  galleries  of  art. 

[Approved  March  9,  1885;  1885,  49.] 

Construction  of  act. 

Section  1.  The  provisions  of  this  act  shall  be 
liberally  construed  with  a  view  to  effect  its  ob- 
jects and  promote  its  purposes,  and  in  the  con- 
struction thereof  the  singular  number  shall  be 
deemed  to  include  the  plural,  and  the  plural  shall 
be  deemed  to  include  the  singular  number,  and  the 
masculine  gender  shall  be  deemed  to  include  the 
feminine. 
Grant. 

Sec.  2.  Any  person  desiring  in  his  lifetime  to 
promote  the  public  welfare  by  founding,  endow- 
ing, and  maintaining  within  tliis  State  a  univer- 
sity, college,  school,  seminary  of  learning,  mechani- 
cal institute,  museum,  botanic  garden,  public  parli, 
or  gallery  of  art,  or  any  or  all  thereof,  mny,  to  the 
end  and  for  such  purpose,  by  grant  in  writing 
convey  to  a  trustee,  or  any  number  of  trustees, 


Education.  309 

named  in  such  grant  (and  to  their  successors),  any 
property,  real  or  personal,  belonging  to  such  per- 
son and  situated  or  being  within  this  State;  pro- 
vided, that  if  such  person  be  married,  and  the 
property  be  community  property,  then  both  hus- 
band and  wife  must  join  in  such  grant.  [Amend- 
ment approved  March  31,  1891;  Stats.  1891,  454.] 
Requisites. 

Sec.  3.  The  person  making  such  grant  may 
therein  designate: 

1.  The  nature,  object,  and  purposes  of  the  insti- 
tution or  institutions  to  be  founded,  endowed,  and 
maintained; 

2.  The  name  by  which  it  or  they  shall  be 
known; 

3.  The  powers  and  duties  of  the  trustees,  and 
the  manner  in  which  they  shall  account,  and  to 
whom,  if  accounting  be  required;  but  such  powers 
and  duties  shall  not  be  held  to  be  exclusive  of 
other  powers  and  duties  which  may  be  necessary 
to  enable  such  trustees  to  fully  carry  out  the  ob- 
jects of  such  grant; 

4.  The  mode  and  manner,  and  by  whom,  the  suc- 
cessors to  the  trustee  or  trustees  named  in  the 
grant  are  to  be  appointed; 

5.  Such  rules  and  regulations  for  the  manage- 
ment of  the  property  conveyed  as  the  grantor  may 
elect  to  prescribe;  but  such  rules  shall,  unless  the 
grantor  otherwise  prescribe,  be  deemed  advisory 
only,  and  shall  not  preclude  such  trustees  from 
making  sucli  changes  as  new  conditions  may  from 
time  to  time  require; 

6.  The  place  or  places  where  and  the  time  when 
the  buildings  necessary  and  proper  for  the  insti- 
tution or  institutions  shall  be  erected,  and  the 
character  and  extent  thereof.  The  person  making 
such  grant  may  therein  provide  for  all  other 
things  necessary  and  proper  to  carry  out  the  pur- 
poses thereof,  and  especially  may  such  person  pro- 
vide for  the  trades  and  professions  which  shall 
be  taught  in  such  institutions,  and  the  terms  upon 
which  deserving  scholars  of  the  public  and  private 
schools  of  the  various  counties  of  this  State  may 
be  admitted  to  all  the  privileges  of  such  institu- 
tions, as  a  reward  for  meritorious  conduct  and 
good  scholarship;  and  also  for  maintaining  free 
scholarships  for  children  of  persons  who  have  ren- 


310  Education. 

dered  service  to  or  who  have  died  in  the  service  of 
this  State;  and  also  for  maintaining  free  scholar- 
ships for  children  of  mechanics,  tradesmen,  and 
laborers,  who  have  died  without  leaving  means 
sufficient  to  give  such  children  a  practical  educa- 
tion, fitting  them  for  the  useful  trades  or  arts;  and 
also  the  terms  and  conditions  upon  which  students 
in  the  public  and  private  schools,  and  other  de- 
serving persons,  may,  without  cost  to  themselves, 
attend  the  lectures  of  any  university  established; 
and  also  the  terms  and  conditions  upon  which  the 
museums,  and  art  galleries,  and  conservatories  of 
music,  connected  with  any  such  institution,  shall 
be  open  to  all  deserving  persons  without  charge, 
and  without  their  becoming  students  of  the  insti- 
tution. 
Actions  by  trustees. 

Sec.  4.  The  trustee  or  trustees  named  in  such 
grant,  and  their  successors,  may,  in  the  name  of 
the  institution  or  institutions,  as  designated  in 
such  grant,  sue  and  defend,  in  relation  to  the  trust 
property,  and  in  relation  to  all  matters  affecting 
the  institution  or  institutions  endowed  and  estab- 
lished by  such  grant. 
Grantor  as  trustee. 

Sec.  5.  The  person  making  such  grant,  by  a  pro- 
vision therein,  may  elect,  in  relation  to  the  prop- 
erty conveyed,  and  in  relation  to  the  erection, 
maintenance,  and  management  of  such  institution 
or  institutions,  to  perform,  during  his  life,  all  the 
duties  and  exercise  all  the  powers  which,  by  the 
terras  of  the  grant,  are  enjoined  upon  and  vested 
in  the  trustee  or  trustees  named.  If  the  person 
mailing  such  grant,  and  making  the  election  afore- 
said, be  a  married  person,  such  person  may  fur- 
ther provide  that  if  the  wife  of  such  person  sur- 
vive him,  then  such  wife,  during  her  life,  may,  in 
relation  to  the  property  conveyed,  and  in  relation 
to  the  erection,  maintenance,  and  management  of 
such  institution  or  institutions,  perform  all  the  du- 
ties and  exercise  all  the  powers  which,  by  the 
terms  of  the  grant,  are  enjoined  upon  and  vested 
in  the  trustee  or  trustees  therein  named;  and  in 
all  such  cases  the  powers  and  duties  conferred  and 
imposed  by  such  grant  upon  the  trustee  or  trustees 
therein  named  shall  be  exercised  and  performed 


Education.  311 

by  the  person  making  sucli  grant,  or  by  his  wife, 
during  liis  or  her  life,  as  the  case  may  be;  pro- 
vided, however,  that  upon  the  death  of  such  per- 
son, or  his  surviving  wife,  as  the  case  may  be, 
sucli  powers  and  duties  shall  devolve  upon  and 
shall  be  exercised  by  the  trustees  named  in  the 
grant,  and  their  successors. 
Amending  grant. 

Sec.  6.  The  person  making  such  grant  may 
therein  reserve  the  right  to  alter,  amend,  or  mod- 
ify the  terms  and  conditions  thereof,  and  the 
trusts  therein  created,  in  respect  to  any  of  the 
matters  mentioned  or  referred  to  in  subdivisions 
one  to  six,  inclusive,  of  section  two  hereof;  and 
may  also  therein  reserve  the  right,  during  the  life 
of  such  person  or  persons,  of  absolute  dominion 
over  the  personal  property  conveyed,  and  also 
over  the  rents,  issues,  and  profits  of  the  real  prop- 
erty conveyed,  without  liability  to  account  there- 
for in  any  manner  whatever,  and  without  any  lia- 
bility over  against  the  estate  of  such  person;  and 
if  any  such  person  be  married,  such  person  may, 
In  said  grant,  further  provide  that  if  his  wife  sur- 
vive him,  then  such  wife,  during  her  life,  may 
have  the  same  absolute  dominion  over  such  per- 
sonal property,  and  such  rents,  issues,  and  profits, 
without  liability  to  account  therefor  in  any  man- 
ner whatever,  and  without  liability  over  against 
the  estate  of  either  of  the  spouses. 
Custody  of  minors. 

Sec.  7.  The  person  making  such  grant  may 
therein  provide  that  the  trustees  named  in  the 
grant,  and  their  successors,  may,  in  the  name  of 
the  institution  or  institutions,  become  the  custo- 
dian of  the  person  of  minors,  and  when  any  such 
provision  is  made  in  a  grant,  the  trustees  and  their 
successors  may  talve  such  custody  and  control  in 
the  manner  and  for  the  time  and  in  accordance 
with  the  provisions  of  sections  two  hundred  and 
sixty-four  to  two  hundred  and  seventy-six,  inclu- 
sive, of  the  Civil  Code  of  the  state  of  California. 
Execution  of  grant. 

Sec.  8.  Any  such  grant  may  be  executed,  ac- 
knowledged, and  recorded  in  the  same  manner  as 
is  now  provided  by  law  for  the  execution,  ac- 
knowledgment, and  recording  of  grants  of  real 
property. 


312  Education. 

Annulling  grant. 

Sec.  9.  No  suit,  action,  or  proceeding  shall  be 
commenced  or  maintained  by  any  person  to  set 
aside,  annul,  or  affect  said  conveyance,  or  to  affect 
tLe  title  to  tlie  property  conveyed,  or  the  right  to 
tlie  possession,  or  to  the  rents,  issues,  and  profits 
thereof,  unless  the  same  be  commenced  within 
two  years  after  the  date  of  filing  such  grant  for 
record;  nor  shall  any  defense  be  made  to  any  suit, 
action,  or  proceedings  commenced  by  the  trustee 
or  trustees  named  in  said  grant,  or  their  succes- 
sors, privies,  or  persons  holding  under  them, 
which  defense  involves  the  legality  of  said  grant, 
or  affects  the  title  to  the  property  thereby  con- 
veyed, or  the  right  to  the  possession,  or  the  rents, 
issues,  and  profits  thereof,  unless  such  defense  is 
made  in  a  suit,  action,  or  proceeding  commenced 
within  two  years  after  such  grant  shall  have  been 
filed  for  record. 
Exemption  from  execution. 

Sec.  10.  The  property  conveyed  by  such  grant 
shall  not.  after  a  lapse  of  two  years  from  the  date 
of  the  filing  for  record  of  the  grant,  be  subject  to 
forced  sale,  under  execution,  or  judicial  proceed- 
ings of  any  kind,  against  the  grantor  or  his  privies, 
unless  the  action  under  which  the  execution  shall 
be  issued,  or  the  proceedings  under  which  the  sale 
shall  be  ordered,  shall  have  been  commenced 
within  two  years  after  such  grant  shall  have  been 
filed  for  record.  Nor  shall  such  property  be  sub- 
ject to  execution  or  forced  sale  under  any  judg- 
ment obtained  in  any  proceedings  instituted  with- 
in said  two  years,  if  there  be  other  property  of  the 
grantor,  subject  to  execution  or  forced  sale  suflS- 
cient  to  satisfy  such  judgment;  provided,  nothing 
in  this  section  contained  shall  be  construed  to  af- 
fect meclianics'  or  laborers'  liens. 
Bequest  to  state. 

Sec.  11.  Any  person  or  persons  mali:ing  any 
such  grant  may,  at  any  time  thereafter,  by  last 
will  or  testament,  devise  and  bequeath  to  the  state 
of  California  all  or  any  of  the  property,  real  and 
personal,  mentioned  in  sucli  grant,  or  in  any  sup- 
plemental grant,  and  such  devise  or  bequest  shall 
only  take  effect  in  case,  from  any  cause  whatever, 
the  grant  shall  be  annulled  or  set  aside,  or  the 


El  Dorado  County— Elections.  313 

trusts  therein  declared  sliall  for  any  reason  fail. 
Such  devise  and  bequest  is  hereby  permitted  to 
be  made  by  way  of  assurance  that  the  wishes  of 
the  grantor  or  grantors  shall  be  carried  out,  and 
in  the  faith  that  the  state,  in  case  it  succeeds  to 
the  property,  or  any  part  thereof,  will,  to  the  ex- 
tent and  value  of  such  property,  carry  out,  in  re- 
spect to  the  objects  and  purposes  of  any  such 
grant,  all  the  wishes  and  intentions  of  the  grantor 
or  grantors;  provided,  that  no  wish,  direction,  act, 
or  condition  expressed,  made,  or  given  by  any 
grantor  or  grantors,  under  or  by  virtue  of  this  act, 
as  to  religious  instruction  to  be  given  in  such 
school,  college,  seminary,  mechanical  institute, 
museum,  or  gallery  of  art,  or  in  respect  to  the  ex- 
ercise of  religious  belief,  on  the  part  of  any  pupil 
or  pupils  of  such  school  or  institution  of  learning, 
shall  be  binding  upon  the  state;  nor  shall  the  state 
enforce,  or  permit  to  be  enforced  or  carried  out, 
any  such  wish,  direction,  act,  or  condition. 

Sec.  12.    This  act  shall   be  in  force  from  and 
after  its  passage. 


TITLE  76. 
EL  DORADO  COUNTY. 

A  reference  to  local  acts  relating  to  El  Dorado 
county  can  be  found  in  Deering's  Annotated  Pe- 
nal Code,  pp.  485-487. 


TITLE  77. 

ELECTIONS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  title, 
Elections,  p.  543;  Political  Code,  Appendix,  title. 
Elections,  p.  961. 

Gen.  Laws— 27. 


314    Emigration— Estates  of  Deceased  Persons. 

TITLE  78. 

EMIGRATION. 

An  act  to  promote  emigration  from  tlie  state  of 

California. 
[Approved  March  26,  1880;  1880,  15  (Ban.  ed.  50).] 
To  promote  emigration  from  the  state. 

Section  1.  It  shall  be  unlawful  for  the  owners, 
oliicers,  agents,  or  employees  of  any  steamship 
company,  sailing  vessel,  or  railroad  company,  or 
firm  or  corporation,  that  may  be  engaged  in  this 
state  in  the  transportation  of  passengers  to  and 
from  any  foreign  port,  to  withhold  or  refuse  any 
person  or  persons  the  right  to  purchase  a  passage 
ticket  or  tickets  to  any  foreign  country  for  the 
reason  that  lie  or  they  have  not  presented  a  certif- 
icate, card,  or  other  document  whatsoever  show- 
ing that  such  person  has  paid  in  full,  or  in  part, 
any  or  all  dues,  debts,  or  demands,  or  otherwise, 
or  any  sum  whatsoever,  to  any  society,  company, 
corporation,  association,  or  individual,  or  firm; 
and  any  person  or  corporation  who  shall  violate 
the  provisions  of  this  section,  or  in  pursuance  of 
any  agreement,  oral  or  written,  refuse  to  sell  a 
passage  ticket  to  any  person  to  any  foreign  coun- 
try, shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  nor  more  than  five  hundred  dol- 
lars; provided,  that  nothing  in  this  section  shall 
be  construed  in  any  manner  to  apply  to  any  pass- 
port or  other  document  required  by  law  to  be  pre- 
sented, having  the  signature  or  seal  of  any  for- 
eign consul  resident  within  tliis  state. 

Sec.  2.  This  act  shall  take  effect  on  and  after 
its  passage. 


TITLE  79. 

ESTATES  OF  DECEASED   PERSONS. 

Acts  relating  to:  See  Code  of  Civil  Procedure, 
Appendix,  title,  Estates  of  Deceased  Persons,  p. 
814. 


Estrays.  315 

TITLE  80. 

ESTRAYS. 

An  act  relating  to  estrays,  and  repealing  all  other 
acts  and  parts  of  acts  now  in  force  relating  to 
estrays. 

[Stat,  approved  March  27,  1897;  Stats.  1897,  chap, 
cxxxvii.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Any  person  finding  at  any  time  any 
estray  domestic  animal  or  animals  upon  his  prem- 
ises or  highways  adjacent  thereto  may  take  up  the 
same,  and  no  person  shall  remove  them  from  the 
possession  of  the  taker-up,  or  from  the  possession 
of  the  officer  to  whom  they  may  have  been  deliv- 
ered, except  as  hereinafter  provided. 

Sec.  2.  Any  person  taking  up  an  estray  animal 
or  animals,  shall  confine  the  same  in  a  secure 
place,  and  within  five  days  file  with  the  county  re- 
corder of  the  county  in  which  such  estray  is 
found,  a  notice  containing  a  description  of  the  ani- 
mal or  animals  talvcn  up,  with  the  marks  and 
brands,  if  they  have  any,  together  with  the  prob- 
able value  of  each  animal,  and  a  statement  of  the 
place  where  the  taker-up  found,  and  where  he  has 
confined  the  same.  The  county  recorder  shall  re- 
ceive for  filing  said  notice  the  sum  of  fifty  cents. 

Sec.  3.  At  any  time  within  thirty  days  from  the 
date  of  the  filing  of  the  notice  specified  in  section 
two  of  this  act.  any  person  claiming  such  estray 
animal  or  animals,  shall  appear  before  a  justice  of 
the  peace  of  the  township  wherein  said  animal 
or  animals  were  found,  and  make  claim  for  such 
estray  animal  or  animals.  The  justice  shall  enter 
such  claim  in  his  docket,  and  shall  notify  the 
taker-up;  and  within  five  days  after  the  making  of 
such  claim,  the  justice  shall  hear  the  claim  and 
such  evidence  as  may  be.  produced  by  either  party, 
and  sliall  determine  the  case  according  to  the 
rights  of  the  parties,  both  with  reference  to  the 
ownership  and  possession  of  the  estray  animal  or 


316  Estrays. 

animals,  and  the  compensation  to  be  paid  to  the 
taker-up  and  the  cost  of  the  proceedings.  Such 
compensation  shall  be  estimated  as  follows: 

1.  The  total  amount  paid  by  the  taker-up  to 
the  county  recorder. 

2.  The  sum  of  fifteen  cents  per  day  for  the 
keeping  and  care  of  each  horse,  mule,  jenny,  ass, 
cow,  bull,  ox,  steer,  or  calf. 

3.  The  sum  of  five  cents  per  day  for  the  care 
of  each  sheep,  goat,  hog,  or  other  animal  not  here- 
inbefore specified. 

The  sum  of  one  dollar  shall  be  paid  to  the  jus- 
tice of  the  peace,  by  the  party  or  parties  making 
such  claim,  for  each  claim  made  and  entered  by 
him  as  aforesaid,  which  shall  be  in  full  compen- 
sation for  all  services  rendered  by  him  in  connec- 
tion with  each  claim  so  made. 

Sec.  4.  If  the  owner  does  not  appear  and  claim 
the  animal  or  animals  taken  up  within  thirty  days 
after  the  filing  of  the  notice  hereinbefore  men- 
tioned, then  the  taker-up  shall,  in  writing,  notify 
a  constable  of  the  township  in  which  said  animal 
or  animals  are  held,  which  notice  shall  specify 
that  he  has  complied  with  all  of  the  provisions  of 
this  act,  and  that  the  owner  of  said  animal  or  ani- 
mals has  failed  to  appear  and  claim  the  same  as 
herein  provided,  and  that  such  animal  or  animals 
are  held  by  him  subject  to  sale.  Said  constable 
shall  immediately  proceed  to  sell  such  animal  or 
animals  at  public  sale,  in  conformity  with  the  law 
concerning  sales  on  execution,  and  shall  be  entitled 
to  the  same  fees  as  are  provided  by  law  for  sales 
under  execution. 

Sec.  5.  Out  of  the  money  realized  for  the  sale  of 
estrays,  the  constable  shall  first  retain  his  fees; 
he  shall  then  pay  to  the  taker-up  his  costs  and  ex- 
penses estimated  as  provided  in  section  three  of 
this  act,  or  so  much  thereof  as  the  funds  in  his 
hands  will  permit,  and  the  surplus,  if  any,  he  shall 
pay  to  the  county  treasurer,  to  be  held  by  him  for 
the  owner  of  the  estray  or  estrays,  for  which  it 
was  received  in  payment.  If  any  person  or  per- 
sons shall,  within  one  year  thereafter,  prove  to 
the  satisfaction  of  the  board  of  supervisors  of  the 
county  in  which  the  estray  or  estrays  were  sold, 
that  he  or  they  are  entitled  to  the  sum  so  held 
by  the  county  treasurer,  or  any  part  thereof,  the 


Explosives.  317 

said  board  of  supervisors  shall  order  such  sum  to 
be  paid  over  to  such  person  or  persons;  and  if 
not  so  proven  within  one  year,  then  the  same  shall 
become  a  part  of  the  common  school  fund  of  said 
county. 

Sec.  0.  All  sales  made  by  any  constable,  under 
the  provisions  of  this  act,  shall  convey  a  good  and 
valid  title  to  the  purchaser,  and  the  owner  of  the 
estray  so  sold  shall  thereafter  be  barred  from  all 
right  to  recover  the  same. 

Sec.  7.  The  taker-up  of  an  estray  animal  or  ani- 
mals shall  use  reasonable  care  to  preserve  the 
same  from  injury,  but  if  any  estray  animal  or  ani- 
mals die  or  escape  from  the  possession  of  the 
taker-up  at  any  time  before  the  expiration  of  the 
time  specified  in  section  three  of  this  act,  the 
taker-up  sliall  not  be  held  liable  in  any  manner 
on  account  of  such  animal. 

Sec.  8.  Nothing  in  this  act  shall  affect  the  laws 
or  regulations  in  force  or  which  may  be  in  force 
regarding  estrays,  the  poundkeeper  or  other 
pound  oificer  within  the  limits  of  any  city  or  town 
where  laws  regarding  estrays  are  in  force. 

Sec.  9.  All  other  acts  and  parts  of  acts  relat- 
ing to  estrays  now  in  force,  are  hereby  repealed. 

Sec.  10.  This  act  shall  take  effect  from  and 
after  its  passage. 

A  reference  to  the  former  acts  relating  to 
Estrays  can  be  found  in  Deering's  Annotated 
Penal  Code,  p.  488,  et  seq. 


TITLE  81. 

EXPLOSIVES. 

An  act  to  protect  life  and  property  against  the 
careless  and  malicious  use  or  handling  of  dyna- 
mite and  other  explosives. 

[Approved  Marcli  12,  1887;  1887,  110.] 

Keep  record  of  sales. 

Section  1.    It  is  the  duty  of  each  and  every  per- 
son, contractor,  firm,  association,  joint  stock  com- 


318  Explosives. 

pany,  and  corporation,  manufacturing,  storing, 
selling,  transferring,  disposing  of,  or  in  any  man- 
ner dealing  in  or  witli,  or  using  or  giving  out, 
nitro-glycerine,  dynamite,  vigorite,  hercules  pow- 
der, giant  powder,  or  other  high  explosive,  by 
whatever  name  known,  to  keep  at  all  times  an  ac- 
curate journal,  or  book  of  record,  in  which  must 
be  entered,  from  time  to  time,  as  they  are  made, 
each  and  every  sale,  delivery,  transfer,  gift,  or 
other  disposition  made  by  such  person,  firm,  asso- 
ciation, joint  stock  company,  or  corporation,  in  the 
course  of  business  or  otherwise,  of  any  quantity 
of  such  explosive  substance. 
What  record  must  show. 

Sec.  2.  Such  journal  or  record  book  must  show, 
in  a  legible  handwriting  to  be  entered  therein 
at  the  time,  a  complete  history  of  each  trans- 
action, stating  the  name  and  quantity  of  the  ex- 
plosive sold,  delivered,  given  away,  transferred,  or 
otherwise  disposed  of:  the  name,  place  of  resi- 
dence, or  business  of  the  purchaser  or  transferee; 
the  name  of  the  individual  to  whom  delivered, 
with  his  or  her  address,  with  a  description  of  such 
individual  sufficient  to  provide  for  identification. 
Records  subject  to  examination  of  peace  officers. 

Sec.  3.  Such  journal  or  record  book  must  be 
kept,  by  the  person,  firm,  association,  joint  stock 
company,  or  corporation  so  selling,  delivering,  or 
othei'wise  disposing  of  such  explosive  substance  or 
substances,  in  his  or  their  principal  office  or  place 
of  business,  at  all  times  subject  to  the  inspection 
and  examination  of  the  peace  officers  or  other  po- 
lice authorities  of  the  state,  county,  city  and  coun- 
ty, or  municipality  where  the  same  is  situated,  on 
proper  demand  made  therefor;  any  failure  or  neg- 
lect to  keep  such  boolv,  or  to  mal^e  the  proper  en- 
tries therein  at  the  time  of  the  transaction,  as 
herein  provided,  or  to  exhibit  the  same  to  the 
peace  officers  or  other  police  authorities  on  de- 
mand, shall  be  deemed  a  misdemeanor,  and  pun- 
ished accordingly. 
Forfeiture  in  addition  to  punishment. 

Sec.  4.  In  addition  to  such  punishment,  and  as 
a  cumulative  penalty,  such  person,  firm,  associa- 
tion, joint  stock  company,  or  corporation  so  of- 
fending, shall  forfeit,  for  each  offense,  the  sum  of 


Explosives.  319 

two  hundred  and  fifty  dollars,  to  be  recovered  in 
any  court  of  competent  jurisdiction,  by  action  at 
laAV.  Tlie  party  so  instituting  sucli  actions  shall 
not  be  entitled  to  dismiss  the  same  without  con- 
sent of  the  court  before  which  the  suit  has  been 
instituted.  Nor  shall  any  judgment  recovered  be 
settled,  satisfied,  or  discharged,  save  by  order  of 
such  court,  after  full  paj^ment  into  court,  and  all 
moneys  so  collected  shall  be  paid  to  the  party 
bringing  the  suit. 
I'rohibiting  reckless  possession  of  explosives. 

Sec.  5.  Any  person  who,  in  the  public  street  or 
any  highway  or  any  county,  city  and  county,  city, 
or  town  or  city,  or  at,  in,  or  near  to  any  theater, 
hall,  public  or  private,  school,  college,  church,  hotel, 
or  other  public  building,  or  at,  in,  or  near  to  any 
private  habitation  or  in,  on  board  of,  or  near  any 
railway  passenger  train,  or  car  or  train,  or  cable 
road,  or  car  of  the  same,  or  steam  or  other  vessel, 
engaged  in  carrying  passengers,  or  ferryboat,  or 
other  public  place  where  human  beings  ordinarily 
pass  and  repass,  shall  recklessly  or  maliciously 
have  in  his  or  her  possession  any  dynamite,  nitro- 
glycerine, vigorite,  hercules  powder,  giant  powder, 
oi*  other  high  explosive,  or  who  shall  recklessly  or 
maliciously  by  use  of  such  means  intimidate,  ter- 
rify, or  endanger  any  human  being,  is  guilty  of  a 
felony,  and  on  conviction  shall  be  punished  ac- 
cordingly. 
Defining  reckless  possession. 

Sec.  6.  Any  person  not  regularly  engaged  in  the 
manufacture,  sale,  transportation,  or  legitimate 
use  in  blasting  operations,  or  in  the  arts,  of  such 
substances  as  are  named  in  this  act,  shall  be  pre- 
sumed (prima  facie)  to  be  guilty  of  a  reckless  and 
malicious  possession  thereof,  within  the  meaning 
of  the  foregoing  section,  if  any  such  substance  is 
found  upon  him,  or  in  his  possession,  in  any  of 
the  places,  or  under  any  of  the  circumstances  spe- 
cified in  the  preceding  section. 
Punishment  for  unlawful  possession. 

Sec.  7.  No  person  may  knowingly  keep  or  have 
in  his  or  her  possession  any  dynamite,  vigorite, 
nitro-glycerine,  giant  powder,  hercules  powder,  or 
other  high  explosive,  except  in  the  regular  course 
of  business  carried  on  by  such  person,  either  as  a 


320  Explosives. 

manufacturer  thereof  or  merchant  dealing  in  the 
same,  or  for  use  in  legitimate  blasting  operations, 
or  in  the  arts,  or  while  engaged  in  transporting 
the  same  for  others,  or  as  the  agent  or  employee 
of  others  engaged  in  the  course  of  such  business 
or  operations.  Any  other  possession  of  any  such 
explosive  substances  as  are  named  in  this  act  is 
unlawful;  and  the  person  so  unlawfully  possessing 
it  shall  be  punished  by  imprisonment  in  the  state 
prison  not  exceeding  five  years,  or  by  fine  not  ex- 
ceeding five  thousand  dollars,  or  by  both  such  fine 
and  imprisonment. 
Malicious  deposit. 

Sec.  8.  Any  person  who  maliciously  deposits  or 
explodes,  or  who  attempts  to  explode,  at,  in,  un- 
der, or  near  any  building,  vessel,  or  boat,  railroad, 
tramroad,  or  cable  road,  or  any  train  or  car,  or 
any  depot,  stable,  car  house,  theater,  school  house, 
church,  dwelling  house,  or  other  place  where  hu- 
man beings  usually  inhabit,  assemble,  frequent,  or 
pass  and  repass,  any  dynamite,  nitro-glycerine, 
vigorite,  giant  or  hercules  powder,  gunpowder,  or 
other  chemical  compound,  or  other  explosive,  with 
the  intent  to  injure  or  destroy  such  building,  ves- 
sel, boat,  or  other  structure,  or  with  the  intent  to 
injure,  intimidate,  or  terrify  any  human  being,  or 
by  means  of  which  any  human  being  is  injured  or 
endangered,  is  guilty  of  a  felony,  and  on  convic- 
tion thereof  shall  be  punished  by  imprisonment  in 
the  state  prison  not  less  than  one  year. 
Transportation  of  high  explosives. 

Sec.  9.  Any  person,  firm,  or  corporation,  who 
shall  take,  carry,  or  transport,  or  cause  to  be  tak- 
en, carried,  or  transported,  any  dynamite,  vigorite, 
nitro-glycerine,  hercules  or  giant  powder,  or  other 
high  explosive,  into  the  limits  of,  or  through,  or 
across  any  incorporated  city  or  town  of  this  state, 
or  into,  through,  or  across  any  harbor  for  ship- 
ping, in  any  manner,  condition,  or  quantity,  or 
otherwise,  in  violation  of  the  laws  or  ordinances 
of  such  city  or  town,  or  of  the  laws  or  regulations 
governing  such  harbor,  shall,  in  addition  to  the 
penalties  provided  or  imposed  by  such  laAvs,  ordin- 
ances, or  regulations,  forfeit  to  the  state  of  Cali- 
fornia all  such  explosive  substances,  as  well  as  the 
cases  inclosing  the  same.    Such  forfeiture  may  be 


Feather  River— Feeble-Minded  Children.    321 

sued  for  by  any  citizen  of  the  state,  for  himself 
and  the  state;  and  the  goods  or  property,  when  so 
forfeited  and  recovered  by  judgment  of  the  court, 
shall  be  sold,  and  the  proceeds  divided,  the  citizen 
so  suing  taking  one-half  to  himself  for  his  own 
benefit,  and  paying  the  other  half  into  the  state 
treasury.  Such  action  may  be  maintained  in  any 
court  of  competent  jurisdiction;  provided,  that  the 
state  shall  never  be  liable  to  any  cost  or  expense 
for  any  such  suit  or  proceeding. 
Police  officer  may  sue  for  forfeitures. 

Sec.  10.  Any  of  the  forfeitures  provided  for  in 
this  act  may  be  taken  advantage  of,  and  sued  for 
and  recovered,  by  any  peace  officer  or  policeman, 
member  of  the  police  force  of  any  city,  city  and 
county,  or  town  where  the  same  arises,  for  his 
own  benefit,  notwithstanding  any  law,  ordinance, 
or  rule  to  the  contrary. 

Sec.  11.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

For  other  acts  relating  to:  See  Penal  Code,  Ap- 
pendix, title,  Explosives,  p.  546. 


TITLE  82. 

FEATHER  RIVER. 

An  act  to  declare  the  bridge  across  Feather  river, 
extending  from  Fifth  street,   at    the    city  of 
Marysville,  in  the  county  of  Yuba,  to  the  op- 
posite bank  of  the  said  river,  a  free  bridge. 
[Approved  March  31,  1891;  Stats.  1891,  p.  263.] 


TITLE  83. 
FEEBLE-MINDED  CHILDREN. 

Consult  the  following  acts: 

An  act  to  establish  the  "California  Home  for  the 
care  and  training  of  feeble-minded  children." 
and  provide  for  the  maintenance  of  the  same. 
[Approved  March  18,  1885;  1885,  198.] 


322  Feeble-:Mmcied  Children. 

An  act  to  provide  a  permanent  site  for  the  Cali- 
fornia home  for  the  care  and  training  of  feeble- 
minded  children,   to   erect   suitable   buildings 
thereon,  and  making  an  appropriation  therefor. 
[Approved  March  6,  1889;  1889,  69.] 
This  act  appropriated  $175,000  for  the  purpose 
indicated. 

An  act  to  provide  for  the  government  and  manage- 
ment of  the  California  home  for  the  care  and 
training  of  feeble-minded   children. 
[Approved  March  9,  1887;  1887,  69.] 
This  act  was  amended  March  14,  1889,  Stats.  1889 
p.  155. 

An  act  to  provide  a  system  of  water  supply  and 
sewerage,  and  to  improve  the  grounds  of  the 
California  home  for  the  care  and  training  of 
feeble-minded  children,  and  making  an  appro- 
priation therefor. 

[Approved  March  14,  1889;  1889,  175.] 
The  act  appropriated   fifteen   thousand   dollars 
for  the  purpose  indicated. 

An  act  to  provide  for  the  erection  of  additional 
buildings  for  the  California  home  for  the  care 
and  training  of  feeble-minded  children,  to  com- 
plete buildings  now  being  erected,  and  to  ap- 
propriate money  therefor. 
[Approved  April  6,  1891;  Stats.  1891,  p.  485.] 
One  hundred  and  twenty-five  thousand  dollars 

was  appropriated  for  the  purpose  indicated. 

An  act  to  provide  for  the  erection  of  an  additional 
wing  to  the  main  building  of  the  California 
home  for  the  care  and  training  of  feeble- 
minded children,  at  Glen  Ellen,  Sonoma 
county,  California,  for  the  female  department 
of  said  institution,  to  furnish  the  same,  and  to 
improve  the  grounds,  and  to  appropriate 
money  therefor. 

[Approved  February  27,  1893;  Stats.  1893,  p.  53.] 
Ninety-eight  thousand  dollars  was  appropriated 

for  the  purpose  indicated. 


Fees.  323 


An  act  to  authorize  and  direct  the  sale  of  the  site 
and  buildings  of  the  California  home  for  the 
care  and  training  of  feeble-minded  children,  in 
Santa  Clara  county. 

[Approved  March  19,   1891;  Stats.  1891,  p.  138.] 


An  act  granting  to  the  board  of  supervisors  of  So- 
noma county,  California,  right  of  way  through 
the  lands  of  the  California  home  for  the  care 
and  training  of  feeble-minded  children,  to  en- 
able said  board  of  supervisors  to  change  the 
location  of  the  public  highway  now  traversing 
said  lands. 

[Approved  March  23,  1893;  Stats.    1893,    p.  277.] 

An  act  to  authorize,  empower,  and  direct  the  Cali- 
fornia home  for  the  care  and  training  of 
feeble-minded  children  to  admit  idiots,  epilep- 
tics and  mentally  enfeebled  paralytics  into 
said  institution;  to  provide  for  the  support  of 
all  inmates  therein,  and  to  repeal  all  acts  or 
parts  of  acts  in  conflict  with  the  provisions  of 
this  act. 

[Stat,  approved  March  31.  1897;  Stats.  1897,  chap, 
clxxxviii.]. 


TITLE  84. 
FEES. 

An  act  to  establish  the  fees  of  county,  township 
and  other  officers,  and  of  jurors  and  witnesses 
in  this  state. 

[Stat,  approved  March  28,  1895;  Stats.  1895,  chap, 
ccvli,] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 
Section  1.    The  following  county,  township  and 
other  officers  shall  charge  and  collect  the  follow- 
ing fees: 


324  Fees. 


COUNTY     CLERK. 

On  the  commencement  of  any  action  or  proceed 
ing  in  the  superior  court,  except  probate  proceed- 
ings, or  on  an  appeal  thereto,  to  be  paid  by  the 
party  commencing  such  action  or    proceeding,  or 
tailing  such  appeal,  five  dollars. 

On  the  filing  of  a  petition  for  letters  of  admin- 
istration, testamentary  or  guardianship,  five  dol- 
lars, to  be  paid  by  the  petitioner;  provided,  that 
at  the  time  of  filing  the  inventory  and  appraise- 
ment in  any  such  proceeding  there  shall  be  an 
additional  deposit  of  one  dollar  for  each  addi- 
tional thousand  dollars  of  the  appraised  valua- 
tion, in  excess  of  three  thousand  dollars. 

On  filing  the  petition  to  contest  any  will  or  cod- 
icil, three  dollars. 

On  the  appearance  of  any  defendant,  or  any 
number  of  defendants  answering  jointly,  to  be 
paid  upon  filing  the  first  paper  in  the  action  by 
him  or  them,  two  dollars. 

On  placing  any  action,  excepting  a  probate  pro- 
ceeding or  default  case,  on  the  calendar  for  trial 
or  hearing,  to  be  paid  by  the  party  at  whose  re- 
quest such  action  or  proceeding  is  so  placed,  two 
dollars. 

For  every  additional  defendant  appearing  sep- 
arately, one  dollar. 

The  foregoing  fees  shall  be  in  full  for  all  ser- 
vices rendered  by  such  clerk  in  the  cause,  to  and 
including  the  making  up  of  the  judgment  roll. 

On  the  filing  of  any  notice  of  motion  to  move 
for  a  new  trial  of  any  civil  action  or  proceeding, 
the  party  filing  same  shall  pay  to  the  clerk,  in  full 
for  all  services  to  be  rendered  in  connection  with 
said  motion,  except  as  hereinafter  in  this  section 
provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any 
action,  one  dollar. 

In  all  proceedings  begun  or  acts  performed  prior 
to  this  act  becoming  a  law,  such  fees  and  cliarge? 
as  were  provided  by  law  at  the  time  such  proceed- 
ings were  begun  or  acts  performed. 

The  clerk  shall  also  charge  and  collect  the  fol- 
lowing fees  and  compensation  not  above  provided 
tor: 

For  any  copy  of  any  record,  proceeding,  or  pa- 


Fees.  325 

per  on  file  in  the  offiice  of  the  clerk  relating  to 
any  civil  action  pending  in  said  court,  when  such 
copy  is  made  by  him,  per  folio,  ten  cents. 

For  each  certificate  of  the  clerk,  under  the  seal 
of  the  court,  twenty-five  cents. 

For  filing  each  claim  in  probate  or  insolvency 
proceedings,  fifteen  cents. 

No  fees  shall  be  allowed  or  charged  by  the  clerk 
for  services  rendered  in  any  criminal  case. 

For  services  rendered  by  the  clerk,  not  in  con- 
nection with  civil  actions  or  proceedings  in  court, 
he  shall  charge  and  collect,  for  the  benefit  of  the 
countj',  the  following  fees: 

For  issuing  marriage  license,  one  half  to  be  paid 
to  the  county  recorder,  two  dollars. 

For  filing  and  indexing  articles  of  incorporation, 
one  dollar. 

For  filing  and  indexing  certificates  of  co-part- 
nership, one  dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by 
him,  other  than  papers  filed  in  actions  or  pro- 
ceedings in  court,  and  official  bonds  and  certifi- 
cates of  appointment,  each,  twenty-five  cents. 

For  issuing  any  license  required  by  law,  other 
than  marriage  licenses,  one  dollar. 

For  examining  and  certifying  to  a  copy  of  any 
paper,  record,  or  proceeding  prepared  by  another, 
and  presented  for  his  certificate,  fifty  cents,  and 
one  cent  per  folio  for  comparing  the  said  copy 
with  the  original. 

For  making  satisfaction  of  or  credit  on  judg 
ment,  twenty-five  cents. 

For  receiving  and  filing  remittitur  from  su- 
preme court,  fifty  cents. 

For  administering  each  oath,  without  certifi- 
cate, except  in  a  pending  action  or  proceeding,  ten 
cents. 

For  taking  any  affidavit,  except  in  criminal 
cases,  twenty-five  cents. 

For  taking  and  approving  each  undertaking, 
and  the  justification  thereof,  except  in  criminal 
cases,  fifty  cents. 

For  searching  records  or  files,  for  each  year, 
fifty  cents. 

For  taking  acknowledgment  of  any  dead  or 
other  instrument,  including  the  certificate,  fifty 
cents. 

Gen.  Laws— 28. 


326  Fees. 

For  filing  notices  of  appeal  and  appeal  bonds, 
eacb,  twenty-five  cents. 

SHERIFF. 

For  serving  any  process,  writ,  order  or  paper, 
except  as  hereinafter  provided,  required  by  law 
to  be  served  by  the  sheriff,  fifty  cents. 

For  serving  a  writ  of  attachment,  execution  or 
order  for  the  delivery  of  personal  property,  one 
dollar. 

For  taking  any  bond  or  undertaking,  fifty  cents. 

For  serving  an  attachment  or  execution  on  any 
ship,  boat  or  vessel,  three  dollars. 

For  keeping  and  caring  for  property  under  at- 
tachment or  execution,  such  sum  as  the  court  may 
fix;  provided,  that  no  greater  sum  than  two  dol- 
lars per  day  shall  be  allowed  to  a  keeper  when 
necessarily  employed. 

For  a  copy  of  any  writ,  process  or  paper  actu- 
ally made  by  him,  when  required  or  demanded  ac- 
cording to  law,  per  folio,  ten  cents;  provided,  that 
when  correct  copies  are  furnished  to  him  for  use, 
no  charge  shall  be  made  for  such  copies. 

For  advertising  sale  of  property  and  posting 
notice,  exclusive  of  cost  of  publication,  or  furnish- 
ing notice  for  publication,  each,  fifty  cents. 

For  publication  of  notice  in  newspaper,  the  rea- 
sonable cost  of  publication,  subject  to  the  ap- 
proval of  the  court. 

For  serving  writ  of  possession  or  restitution, 
putting  a  person  in  possession  of  the  premises  and 
removing  the  occupant,  one  dollar  and  fifty  cents. 

For  subpoenaing  witness,  including  copy  of  sub- 
poena, each,  twenty-five  cents. 

P^or  s'lmmouing  trial  jury  of  twelve  or  less,  two 
dollars;  for  each  additional  juror,  ten  cents. 

For  traveling  in  the  service  of  any  paper  re- 
quired by  law  to  be  served,  for  each  mile  actually 
and  necessarily  traveled,  one  way  only,  fifteen 
cents,  when  such  travel  can  be  made  by  rail;  in 
other  cases,  twenty-five  cents.  No  constructive 
mileage  to  be  allowed. 

For  collecting  money     on     execution,     with  ( 
without  levy,  one  per  cent,  on  the  first  thousand 
dollars  or  less,  and  one-half  of  one  per  cent,  on 
all  sums  over  one  thousand  dollars. 


Fees.  327 

For  executing  and  delivering  slieriff's  deed,  one 
dollar  and  fifty  cents. 

For  executing  and  delivering  certificate  of  sale, 
fifty  cents. 

For  transporting  prisoners  to  the  county  jail, 
tlie  actual  cost  of  such  transportation. 

P'or  executing  and  delivering  any  other  instru- 
ment, ten  cents  per  folio. 

RECOEDER. 

For  recording  every  instrument,  paper  or  notice 
required  by  law  to  be  recorded,  per  folio,  ten 
cents. 

I'or  indexing  every  instrument,  paper  or  notice, 
for  each  name,  ten  cents. 

For  filing  every  instrument  for  record  and  mak- 
ing the  necessary  entries  thereon,  twenty  cents. 

For  each  certificate  under  seal,  twenty -five 
cents. 

For  every  entry  of  discharge,  credit  or  release 
on  the  margin  of  record,  and  indexing  same, 
twenty-five  cents. 

For  searching  the  records  of  his  office,  for  each 
year,  fifty  cents. 

For  abstract  of  title,  for  each  conveyance  or  en- 
cumbrance, twenty-five  cents. 

For  recording  each  map  or  plat  where  the  same 
is  copied  in  a  book  of  record,  for  each  course,  ten 
cents. 

For  recording  each  map  or  plat  where  the  same 
Is  not  copied  in  a  book  of  record,  fifty  cents. 

For  figures  or  letters  on  maps  or  plats,  per  folio, 
ten  cents;  provided,  that  the  fees  for  recording 
any  map  shall  not  exceed  fifty  dollars. 

For  taking  acknowledgment  of  any  instrument, 
fifty  cents. 

For  recording  marriage  license  and  certificate, 
to  be  paid  by  the  county  clerk,  one  dollar. 

For  recording  transcript  and  all  services  in 
estray  cases,  one  dollar. 

For  recording  each  mark  or  brand,  fifty  cents. 

For  administering  each  oath  or  affirmation  and 
certifying  the  same,  twenty-five  cents. 

For  filing,  indexing  and  keeping  each  paper  not 
required  by  law  to  be  recorded,  twenty-five  cents. 

The  clerk,  sheriff  and  recorder  shall  account  for 


328  Fees. 

all  fees  in  this  section  provided  for,  and  the  clerk, 
sheriff  and  recorder,  unless  otherwise  provided  by 
law,  shall  pay  the  same  to  the  county  treasurer 
on  the  first  Monday  of  the  month  following  their 
collection,  as  provided  in  this  act. 

CONSTABLES     AND     MARSHALS. 

For  serving  summons  and  complaint,  for  each 
defendant  served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when 
made  by  him,  twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or 
executing  order  of  arrest  or  for  the  delivery  of 
personal  property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on 
any  ship,  boat  or  vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the 
court  may  order;  but  no  more  than  two  dollars 
per  day  shall  be  allowed  for  a  keeper  when  neces- 
sarily employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writs  and  other  papers,  except 
summons,  complaint  and  subpoenas,  per  folio,  ten 
cents;  provided,  that  when  correct  copies  are  fur- 
nished him  for  use,  no  charge  shall  be  made  for 
such  copies. 

For  serving  any  writ,  notice  or  order,  except 
summons,  complaint  or  subpoenas,  for  each  per- 
son served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of 
property,  twenty-five  cents. 

For  furnishing  notice  for  publication,  twenty- 
five  cents. 

For  serving  subpoenas,  each  witness,  including 
copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one 
half  per  cent. 

For  executing  and  delivering  certificate  of  sale, 
fifty  cents. 

For  executing  and  delivering  constable's  deed, 
one  dollar  and  fifty  cents. 

For  each  mile  actually  traveled  within  his  town- 
ship in  tlie  service  of  any  writ,  order,  or  paper,  ex- 
cept a  Avarrant  of  arrest,  in  going  only,  per  mile, 
twenty-five  cents. 

For  traveling  outside  of  his  township  to  serve 
such  writ,  order,  or  paper,  in  going    only,  fifteen 


Fees.  329 

cents;  provided,  that  a  constable  shall  not  be  re- 
quh-ed  to  travel  outside  of  his  township  to  serve 
any  civil  process,  order,  or  paper.  No  construct- 
ive mileage  allowed. 

For  each  mile  necessarily  traveled  within  his 
county  in  executing  a  warrant  of  arrest,  both  in 
going  and  returning  from  place  of  arrest,  fifteen 
cents. 

For  each  mile  traveled  out  of  his  county,  both 
going  and  returning  from  place  of  arrest,  five 
cents;  provided,  that  no  mileage  shall  be  charged 
for  a  warrant  of  arrest  or  criminal  process  served 
outside  of  his  township,  except  such  service  be 
approved  in  writing  by  the  district  attorney  of  the 
county;  and  provided  further,  that  for  traveling 
in  the  performance  of  two  or  more  ofiicial  ser- 
vices at  the  same  time,  including  the  service  of 
civil  process  or  criminal  warrants,  or  transporta- 
tion of  ])ersons  charged  or  convicted  of  a  criminal 
offense,  but  one  mileage  shall  be  charged;  pro- 
vided, that  in  criminal  cases  he  shall  not  receive 
more  than  one  himdred  dollars  in  any  one  month, 
and  not  more  than  one  thousand  dollars  in  any 
one  year. 

For  executing  a  search  warrant,  such  fees  and 
mileage  as  may  be  allowed  for  executing  warrant 
of  arrest. 

For  arresting  prisoner  and  bringing  him  into 
court,  (.ne  dollar. 

For  summoning  a  jury,  two  dollars,  including 
mileage. 

For  transporting  prisoners  to  the  county  jail, 
the  actual  cost  of  ""such  transportation. 

Provided,  that  the  board  of  supervisors  may  re- 
ject all  bills  presented  to  the  county  by  justices 
of  the  peace  and  constables  for  fees  in  criminal 
cases  in  all  cases  of  proceedings  in  which  the  dis- 
trict attorney  has  not,  in  Avriting,  approved  the  is- 
suance of  the  warrant  of  arrest. 

County  officers  must,  and  township  oflicers  may, 
demand  the  payment  of  all  fees  in  civil  cases,  in 
advance. 

JUSTICES     OF    THE     PEACE. 

Justices  of  the  peace  may,  for  their  own     use, 
collect  the  following  fees,  and  no  others: 
Each  justice  of  the  peace  shall  be  allowed,  in 


330  Fees. 

a  civil  action  before  him,  for  all  services  to  be 
performed  by  him  before  trial,  two  dollars;  and 
for  the  trial  and  all  proceedings  subsequent 
thereto,  including  all  affidavits,  SAvearing  wit- 
nesses and  jury,  and  the  entry  of  judgment  and 
issue  of  execution  thereon,  three  dollars;  and  in 
all  cases  where  judgment  is  rendered  by  default 
or  confession,  for  all  services,  including  execution 
and  satisfaction  of  judgment,  two  dollars. 

For  all  services  in  a  criminal  action  or  proceed- 
ing, whether  on  examination  or  trial,  three  dol- 
lars; provided,  however,  that  no  more  than  the 
sum  of  seventy-five  dollars  in  any  one  month  shall 
be  allowed  out  of  the  county  treasury,  in  misde- 
jneanor  cases,  to  any  one  justice. 

For  taking  bail  after  commitment  by  another 
magistrate,  fifty  cents. 

For  certificate  and  transmitting  transcript  and 
papers  on  appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten 
cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the 
party  demanding  the  same,  fifty  cents. 

For  celebrating  a  marriage,  and  returning  a  cer- 
tificate thereof  to  the  county  recorder,  three  dol- 
lars. 

For  taking  an  acknowledgment  of  any  instru- 
ment, for  the  first  name,  fifty  cents;  for  each  ad- 
ditional name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  administering  an  oath,  and  certifying  the 
same,  twenty-five  cents. 

For  issuing  a  commission  to  take  testimony, 
fifty  cents. 

For  all  services  connected  with  the  posting  of 
estrays,   one  dollar. 

In  cases  before  the  justice  of  the  peace,  when 
the  Tenue  shall  be  changed,  the  justice  before 
whom  tiie  action  shall  be  brought,  for  all  services 
rendered,  including  the  making  up  and  transmis- 
sion of  the  transcript  and  papers,  shall  receive 
one  dollar;  and  the  justice  before  whom  the  trial 
sliall  take  place  shall  receive  the  same  fees  as  if 
the  action   had  been   commenced  before   him. 

For  performing  the  duties  of  coroner,  when  the 
coroner  fails  to  act,  the  same  fees  and  mileage  as 
are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ,  order,  or  paper 


Fees.  331 

required  by  law  to  be  issued  not  otherwise  herein 
provided  for,  twenty-five  cents. 

For  administering  oath  or  atfirmation  not  other- 
wise herein  provided  for,  ten  cents. 

For  each  certificate  or  affidavit  not  otherwise 
herein  provided  for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaliing, 
including  the  justification  of  sureties,  fifty  cents. 

19.  Jurors'  and  witness'  fees  shall  be  as  fol- 
lows: 

JURORS'     FEES. 

For  attending  as  a  grand  juror  or  juror  in  the 
superior  court,  for  each  day's  attendance,  per  day, 
two  dollars. 

For  attending  justice's  court,  for  each  juror 
sworn  to  try  the  cause,  per  day,  in  civil  cases 
only,  two  dollars. 

For  each  mile  actually  traveled  in  attending 
court,  as  a  juror,  except  in  criminal  cases  in  jus- 
tice's court,  for  which  no  allowance  shall  be 
made,  in  going  only,  per  mile,  fifteen  cents. 

WITNESS'     FEES. 

For  each  day's  actual  attendance,  when  legally 
required  to  attend  upon  the  superior  court,  per 
day,  t^vo  dollars  in  civil  cases,  and  one  dollar  and 
fifty  cents  in  criminal  cases. 

Mileage  actually  traveled,  one  way  only,  per 
mile,  ten  cents;  provided,  however,  that  in  crimi- 
nal cases,  such  per  diem  and  mileage  shall  only 
be  allowed  upon  a  showing  to  the  court,  by  the 
witness,  that  the  same  are  necessary  for  the  ex- 
penses of  the  witness  in  attending,  and  the  court 
shall  determine  the  necessity  for  the  same,  and 
may  disallow  any  fees  to  a  witness  unnecessarily 
subpoenaed. 

For  each  day's  attendance  upon  justice's  court, 
in  civil  cases  only,  when  legally  required  to  at- 
tend, per  day,  one  dollar. 

For  each  mile  actually  traveled,  in  civil  cases 
only,  in  justice's  court,  in  going  only,  ten  cents. 

Witnesses  in  civil  cases  may  demand  the  pay- 
ment of  their  mileage  and  fees  for  one  day  in  ad- 
vance, and  when  so  demanded  shall  not  be  com- 
pelled to  attend  until  the  same  shall  have  been 
paid. 


332  Fees. 


COKONER. 

Coroners  may,  for  their  own  use,  collect  the  fol- 
lowing fees,  and  no  others: 

For  general  services  in  holding  an  inquest,  ten 
dollars. 

For  each  witness  subpoenaed,  twenty-five 
cents. 

For  each  mile  necessarily  traveled  in  going  to 
the  place  of  the  inquest,  twenty-five  cents. 

For  directing  or  attending  the  interment  of  each 
body  upon  which  an  inquest  has  been  held,  two 
dollars;  which  fees  shall  be  all  that  he  shall  be 
entitled  to  charge. 

When  acting  as  or  in  the  place  of  the  sheriff, 
the  same  fees  as  are  allowed  the  sheriff  for  like 
services. 

PUBLIC     ADMINISTRATOR. 

The  public  administrator  shall  charge  and  col- 
lect such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law. 

COUNTY     SURA^EYOR. 

The  county  surveyor  shall  charge  and  collect 
such  fees  as  are  now  or  may'  hereafter  be  al- 
lowed by  law. 

Sec.  2.  No  fees  or  other  compensation  shall  be 
paid  for  certificate  of  declaration  to  become  a 
citizen  of  the  United  States,  and  for  mailing  a 
record  thereof,  or  for  issuing  a  certificate  of  citi- 
zenship to  become  a  citizen  of  the  United  States, 
or  for  mailing  a  record  thereof;  and  no  fees  or 
other  compensation  shall  be  paid  for  filing  the 
statement  and  affidavit  of  a  committee  or  candi- 
date voted  for  at  any  public  election  held  within 
the  state;  and  this  section  shall  apply  to  all  the 
counties  in  this  state. 

Sec.  3.  All  acts  or  portions  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Sec.  4.    This  act  shall  talce  effect  immediately. 


Fees.  333 


An  act  relating:  to  pension    matters    and    claims 
against  counties. 

[Stat.  aDproved  March  3.  1897;  Stats.  1897,  chap. 
Ixi.] 

The  people  of  the  State  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  No  fees  or  other  compensation  shall 
be  collected  for  services  rendered  in  an  aflidavit 
or  application  relating  to  the  securing  of  a  pen- 
sion, or  for  the  payment  of  a  pension  voucher,  or 
any  matters  relating  thereto,  nor  filing,  nor  swear- 
ing to  any  claim  or  demand  against  any  county 
in  this  state. 

Sec.  2.  This  act  shall  take  effect  from  and  after 
its  passage. 


An  act  to  provide  and  regulate  the  manner  of  re- 
ceiving and  paying  fees,  commissions,  per- 
centages, and  other  compensation  for  official 
services  in  cities  and  cities  and  counties  hav- 
ing a  population  of  over  one  hundred  thousand 
inhabitants,  and  prescribing  the  duties  of  offi- 
cers with  reference  thereto. 

[Approved  March  11,  1893;  Stats.  1893,  p.  127.] 

Section  1.  The  salary  of  every  officer  of  every 
city  or  city  and  county  of  this  state  having  a  pop- 
ulation of  over  one  hundred  thousand  inhabitants, 
as  such  salary  now  is  or  hereafter  shall  be  fixed 
by  law.  shall  be  in  full  payment  and  compensa- 
tion for  all  services  performed  by  such  officer  in 
any  official  capacity  whatever;  provided,  that  in 
case  any  official  is  now  or  shall  hereafter  be  al- 
lowed by  law,  as  compensation  for  his  official  ser- 
vices, a  salary  of  less  than  one  thousand  dollars 
per  annum  and  the  fees  of  his  office,  such  compen- 
sation, viz.,  the  salary  of  less  than  one  thousand 
dollars  per  annum  and  the  fees  of  his  office,  shall 
be  in  full  payment  and  compensation  for  all  ser- 
vices performed  by  such  officer. 

Sec.  2.  Such  salaried  officers  shall  not  receive 
or  accept  any  fee,  payment,  or  compensation 
whatever,  directly  or  indirectly,  for  any  services 


SS4  Fees. 

performed  by  them,  in  their  official  capacity,  nor 
any  fee,  payment,  or  compensation  for  any  official 
service  performed  by  any  of  their  deputies,  clerks, 
or  employees,  whether  performed  during  or  after 
official  business  hours,  nor  shall  any  deputy, 
clerk,  or  employee  of  such  officer  receive  or  accept 
any  fee,  compensation,  or  payment,  other  than 
their  salaries  as  now  or  hereafter  fixed  by  law, 
for  any  work  or  service  performed  by  them  of  any 
official  nature,  or  under  color  of  office,  whether 
performed  during  or  after  official  business  hours. 

Sec.  3.  In  all  such  cities  or  cities  and  counties 
of  this  state,  every  fee,  commission,  percentage, 
allowance,  or  other  compensation  whatever  au- 
thorized by  law  to  be  charged,  received  or  col- 
lected by  any  officer  thereof  for  any  official  ser- 
vice, except  "the  salary  allowed  by  law,  payable 
from  the  treasury  of  such  city  or  city  and  county, 
must  be  paid,  by  the  person  for  whom  such  ser- 
vice is  performed  to  the  treasurer  of  such  city  or 
city  and  county,  in  the  manner  herein  provided. 

Sec.  4.  It  shall  be  the  duty  of  every  officer  of 
such  cities  or  cities  and  counties  authorized  by 
law  to  charge,  receive,  or  collect  any  fee,  commis^ 
sion,  percentage,  allowance,  or  compensation 
whatever  for  the  performance  of  any  of- 
ficial service  or  duty  of  any  kind  or  na- 
ture, or  rendered  in  any  official  capacity, 
or  by  reason  of  any  official  duty  or  em- 
ployment whatsoever,  to  deliver  to  the  person  re- 
quiring such  service  or  duty  a  certificate,  in  writ- 
ing, signed  by  such  officer,  which  shall  certify  the 
nature  of  the  official  service  to  be  performed  and 
the  amount  of  the  fee,  commission,  percentage, 
allowance,  or  compensation  allowed  by  law  there- 
for. The  person  receiving  such  certificate  shall 
deliver  the  same  to  the  treasurer  of  such  city  or 
city  and  county,  and  shall  pay  to  such  treasurer 
the  amount  named  in  such  certificate,  and  there- 
upon such  treasurer  shall  deliver  to  such  person 
a  receipt  for  the  money  so  paid,  which  shall  show 
the  amount  of  money  received,  the  day  and  hour 
when  paid,  the  name  of  the  person  paying  the 
same,  the  nature  of  the  service  to  be  performed, 
and  the  name  and  official  designation  of  the  per- 
son by  wliom  the  service  is  to  be  performed;  and 
like  entries  shall  be  made  upon  the  stub  of  such 


Fees.  335 

receipt,  which  shall  be  kept  by  such  treasurer. 
Upon  the  delivery  of  such  treasurer's  receipt  to 
the  officer  therein  designated,  such  officer  shall 
deliver  to  such  person  a  certificate  containing  the 
same  items  as  appear  in  such  receipt,  and  ac- 
knowledging the  delivery  to  him  of  such  receipt, 
and  the  day  and  hour  the  same  was  delivered  to 
him,  and  such  officer  shall  thereupon  perform  the 
service  or  duty  in  such  receipt  described,  as  re- 
quired by  law.  The  treasurer  shall  place  all  such 
moneys  so  received  by  him  to  a  fund,  to  be  des- 
ignated the  "Unapportioned  Fee  Fund,"  which  is 
hereby  created,  and  shall  keep  such  fund  as  other 
funds  in  the  treasury  are  kept,  and  shall  be  liable 
on  his  official  bond  for  all  moneys  so  received. 

Sec.  5.  The  auditor  or  other  proper  officer  of 
such  city  or  city  and  county  must  prepare  and  de- 
liver, from  time  to  time,  to  the  treasurer  and  to 
every  officer  of  such  city  or  city  and  county  au- 
thorized by  law  to  charge  any  fee,  commission, 
percentage,  allowance,  or  compensation  whatso- 
ever for  the  performance  of  any  official  service  or 
duty  of  any  Ivind  or  nature,  as  many  official  cer- 
tificates and  receipts  as  may  be  required,  charg- 
ing the  treasurer  or  other  officer  receiving  them 
therewith.  Such  official  certificates  and  receipts 
must  be  bound  into  books  containing  not  less  than 
one  hundred  such  certificates  or  receipts,  and  num- 
bered consecutively,  beginning  with  number  one 
in  each  class  required  for  each  officer  for  each 
fiscal  year,  and  provided  with  a  stub  correspond- 
ing in  number  with  each  certificate  and  receipt. 
AVhen  the  books  containing  such  certificates  and 
receipts  are  exhausted  by  the  officer  receiving 
them,  he  shall  return  the  stubs  thereof  to  the  au- 
ditor or  other  proper  officer,  in  whose  custody 
they  shall  remain  thereafter. 

Sec.  G.  When  a  receipt  as  herein  provided  is  is- 
sued by  the  treasurer  of  such  city  or  city  and 
county,  he  must  state  therein  the  date  of  pay- 
ment, the  name  of  the  person  making  the  pay- 
ment, and  the  amount  of  such  payment,  and  the 
nature  of  the  service  for  which  the  charge  is 
made,  and  the  name  and  official  designation  of 
the  officer  performing  the  service,  and  shall  make 
corresponding  entries  on  the  stub  of  such  re- 
ceipt. 


336  Fees. 

See.  7.  Whenever  any  certificate  or  receipt  is 
issued  by  any  officer  of  such  city  or  city  and  coun- 
ty, other  than  the  treasurer  thereof  as  herein  pro- 
vided, he  shall  state  therein  the  day  and  hour  of 
the  delivery  to  him  of  the  treasurer's  receipt,  the 
nature  of  the  service  therein  described,  and  the 
amount  charged  therefor,  and  the  name  of  the 
person  by  whom  such  receipt  is  delivered  to  him, 
and  shall  make  corresponding  entries  on  the  stub 
to  which  such  certificate  or  receipt  is  attached. 

Sec.  8.  On  the  first  day  of  each  month  the 
treasurer  of  such  city  or  city  and  county  must 
make  to  the  auditor  or  other  proper  ofiicer  thereof 
a  report,  under  oath,  of  all  moneys  received  by 
him,  as  provided  in  this  act,  during  the  preced- 
ing month,  showing  the  date  and  number  of  the 
certificate  on  which  the  money  was  received,  the 
amount  of  each  payment,  and  by  whom  paid,  and 
the  nature  of  the  service,  and  the  name  and  ofla- 
cial  designation  of  the  officer  performing  the  ser- 
vice: and  at  the  same  time,  or  oftener  if  required 
by  the  auditor  so  to  do,  exhibit  to  the  auditor  all 
official  certificates  received  by  him  during  the 
previous  month,  and  all  official  receipts  remain- 
ing in  his  hands  unused  or  not  issued  at  the  close 
of  business  on  the  last  day  of  the  preceding 
month. 

Sec.  9.  On  the  first  day  of  each  month  every 
officer  of  such  city  or  city  and  county  authorized 
by  law  to  charge  any  fee,  commission,  percen- 
tage, allowance,  or  compensation  whatsoever 
must  make  to  the  auditor  a  report,  under  oath,  of 
all  official  certificates  and  receipts  issued  by  him 
during  the  preceding  month,  showing  the  date  and 
number  of  each  certificate  and  receipt,  to  whom 
issued,  the  nature  of  the  service  for  which  the 
charge  was  made,  and  the  amount  of  such  charge; 
and  must  at  the  same  time  exhibit  to  the  auditor 
or  other  proper  officer,  or  oftener  if  required  so 
to  do,  all  treasurer's  receipts  deposited  with  him 
during  the  preceding  month,  and  all  official  certifi- 
cates and  receipts  remaining  in  his  hands  unused 
or  not  issued  at  the  close  of  business  on  the  last 
day  of  each  preceding  month. 

Sec,  10.  Upon  receiving  the  reports  prescribed 
by  sections  eight  and  nine  of  this  act,  the  audi- 
tor or  other  proper  officer  of  such  city  or  city  and 
county  shall  examine  and  settle  the  accounts  of 


Fees.  337 

each  officer  thereof,  and  apportion  such  moneys 
to  the  fund  or  funds  to  which  it  is  appropriated 
by  law,  and  certify  such  apportionment  to  the 
treasurer,  who  shall  thereupon  transfer  from  the 
"unapportioned  fee  fund"  the  amounts  so  certi- 
fied, and  credit  each  fund  entitled  thereto  with 
the  proper  amount  so  apportioned. 

Sec.  11.  Every  such  officer  of  said  cities  or  cities 
and  cou'ities  who  is  by  law  allowed  to  charge  and 
collect  mileage  for  the  service  of  process,  and  for 
lilve  service,  shall,  at  the  end  of  each  month,  pre- 
pare and  deliver  to  the  auditor  or  other  proper 
officer  of  such  city  or  city  and  county  a  statement 
showing  each  process  served,  the  title  of  the 
cause,  the  name  of  the  deputy  or  other  sub- 
ordinate officer  by  whom  served,  the  number 
of  miles  actually  traveled  in  mailing  such 
service,  the  exact  day  when  such  service  was 
made,  and  between  what  hours  of  said  day,  which 
statement  shall  be  verified  by  the  oath  of  such 
officer.  Such  auditor  or  other  proper  officer  of 
such  city  or  city  and  county  shall  thereupon  have 
the  power  and  he  is  directed  to  examine  such 
statement,  and  issue  his  warrant  upon  the  treas- 
urer of  such  city  or  city  and  county  for  such 
amount  of  money  as  shall,  in  his  judgment,  fully 
reimburse  such  oflicer  for  his  lawful  expenses  in 
mailing  such  services,  and  such  warrant  shall 
be  paid  by  such  treasurer,  without  further  ap- 
proval, out  of  the  "unapportioned  fee  fund";  but 
no  extra  mileage  shall  be  charged  or  allowed  for 
service  of  two  or  more  processes  served  oh  the 
same  trip,  by  the  same  deputy  or  deputies,  except 
for  extra  mileage  actually  traveled  in  serving  the 
additional  process,  and  all  mileage  charged  in  vi- 
olation of  this  section  shall  be  disallowed  by  such 
auditor,  or  other  proper  officer,  and  all  amounts 
disallowed  for  any  reason  shall  be  apportioned 
to  the  general  fund  of  such  city  or  city  and  coun- 
ty. Any  officer  of  said  cities  or  cities  and  coun- 
ties who,  during  the  preceding  month,  performed 
any  service  for  which  he  is  expressly  authorized 
by  law  to  employ  a  person,  at  a  certain  or  stated 
per  diem  fixed  by  law,  to  perform  such  service, 
other  than  his  regular  deputies  or  other  assist- 
ants, whose  salaries  are  paid  from  the  public 
treasury  of  such  city  or  city  and  county,  and  a 
Gen.  Laws— 29. 


338  Fees. 

person  is  so  employed,  and  a  service  is  actually 
performed  by  such  person,  and  the  charge  there- 
for has  been  paid  to  the  treasurer  for  the  service 
of  the  person  so  employed,  such  ofhcer  shall,  at 
the  end  of  each  month,  prepare  and  deliver  to  the 
auditor  or  other  proper  officer  of  such  city  or  city 
and  county  a  statement  showing  the  case  or  in- 
stance in  which  such  service  was  performed,  and 
for  whom  performed,  the  name  of  the  person  so 
employed  and  by  whom  the  service  was  per- 
formed, the  amount  of  the  charge  therefor,  the 
time  actually  employed  in  performing  such  ser- 
vice, and  the  dates  of  the  beginning  and  ending 
of  the  period  during  which  such  person  was  so 
employed  in  performing  such  service,  which  state- 
ment shall  be  verified  by  the  oath  of  such  officer. 
Such  auditor,  or  other  proper  officer,  shall  there- 
upon examine  such  statement,  and  if  he  finds  the 
same  to  be  correct,  he  shall  audit  and  allow  the 
verified  demand  of  such  person  so  employed  and 
performing  the  service,  for  the  sum  or  sums  so 
earned  by  him  and  paid  to  the  treasurer  for  such 
service,  and  the  treasurer  shall  pay  such  demand 
so  audited  and  allowed,  without  further  approval, 
out  of  the  "unapportioned  fee  fund." 

Sec.  12.  This  act  shall  not  apply  to  any  pay- 
ment required  to  be  made  on  account  of  the  levy 
or  collection  or  delinquency  of  any  tax  Upon 
property,  or  any  poll  tax,  nor  for  any  city  or  city 
and  county  license,  but  all  such  moneys  shall  be 
paid  to  and  shall  be  accounted  for  in  the  same 
manner  and  by  the  same  officers  as  are  now  re- 
quired by  law  to  charge,  receive,  collect,  or  ac- 
count for  the  same. 

Sec.  13.  All  acts  or  parts  of  acts,  in  so  far  as 
they  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed. 

Sec.  14.  This  act  shall  talce  effect  and  be  in 
force  from  and  after  the  first  day  of  January, 
eighteen  hundred  and  ninety-five. 

Sec.  15.  For  the  purpose  of  carrying  out  the 
provisions  of  said  act  the  treasurer  of  any  such 
cities,  or  cities  and  counties,  is  hereby  authorized 
to  appoint  clerics  not  to  exceed  three  in  number, 
to  be  Ivuown  as  fee  clerics,  and  said  fee  clerics 
shall  be  allowed  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  they  shall  give  a  bond  in 


Fences— Ferry  Depot.  339 

whatever  sum  the  said  treasurer  may  exact,  and 
they  shall  perform  such  duties  as  he,  the  said 
treasurer,  may  direct.  The  salaries  of  said  clerks 
shall  be  a  charge  and  paid  out  of  the  unappor- 
tioned  fee  fund  in  this  act  created.  [New  section 
approved  March  26,  1895;  Stats.  1895,  chap.  clx. 
In  effect  immediately.] 

Sec.  IG.  The  boards  of  supervisors  of  any  such 
cities,  or  cities  and  counties,  if  in  their  judgment 
they  deem  it  necessary,  may  grant  additional  as- 
sistance in  the  way  of  clerks  to  any  of  the  fee 
officers  whose  labor  has  been  increased  under 
said  act;  and  the  salaries  of  such  additional  clerks 
shall  be  allowed  and  audited  out  of  said  unappor- 
tioned  fee  fund.  [New  section  approved  March 
26,  1895;  Stats.  1895,  chap.  clx.  In  effect  imme- 
diately.] 

For  a  reference  to  prior  acts  on  the  subject  of 
fees,  see  Deering's  Annotated  Penal  Code,  p.  500 
et  seq. 


TITLE  85. 

FENCES. 

The  statutes  relating  to  Fences  are  collected  in 
Deering's  Annotated  Penal  Code,  p.  548,  et  seq. 


TITLE  86. 

FERRY     DEPOT. 

An  act  to  provide  for  the  issuance  and  sale  of 
state  bonds  to  create  a  fund  for  the  construc- 
tion and  furnishing,  by  the  board  of  state  har- 
bor commissioners,  of  a  general  ferry  and  pas- 
senger depot  in  the  city  and  county  of  San 
Francisco;  to  create  a  sinking  fund  for  the  pay- 
ment of  said  bonds,  and  providing  for  the  sub- 
mission of  this  act  to  a  vote  of  the  people. 
[Approved  March  17,  1891;  Stats.  1891,  p.  110.] 


340  Fire  Department— Fiscal  Year. 

TITLE  87. 
FIRE     DEPARTMENT. 

Acts  relating  to,  see  Political  Code,  Appendix, 
title  Fire  Department,  p.  1014. 


TITLE  88. 

FIRE     PATROIi. 

Acts  relating  to,  see  Civil  Code,  Appendix,  title, 
Fire  Patrol,  p.  766  et  seq. 


TITLE  89. 

FIRES. 

Acts    relating    to,   see    Penal  Code,   Appendix, 
title.  Fire,  p.  552. 

TITLE  90. 

FISCAL    YEAR. 

An  act  providing  for  changing  the  fiscal  year  of 
cities  in  this  state  operating  under  a  charter 
framed  under  section  eight,  article  eleven,  of 
the  constitution. 
[Stat,  approved  March  26.  1895;  Stats.  1895,  chap, 
cxxxix.] 
The  nature  of  the  act  appears  from  the  title. 


TITLE  91. 

FISH. 

The  general  law  in  relation  to  the  taking  of  trout 
and  salmon,  and  the  use  of  poisons  or  explosive 


Fish  Commissioners.  341 

substances  for  taking-  fisti,  is  contained  in  the  Pe- 
nal Code,  sees.  632  et  seq.  But  several  of  the 
special  and  local  acts  in  relation  to  fish  in  par- 
ticular streams  or  counties  have  been  expressly 
continued  in  force  by  section  19  of  the  Political 
Code,  and  so  far  as  these  acts  are  concerned,  and 
such  others  as  have  been  passed  since  the  talking 
effect  of  the  codes,  the  general  law  is  modified. 

A  collection  of  these  special  laws  is  contained 
in  Deering's  Annotated  Penal  Code,  p.  556. 

See,  also,  Penal  Code,  Appendix,  p.  554;  Politi- 
cal Code,  Appendix,  p.  1031. 

Consult  also  "An  act  to  regulate  the  vocation  of 
fishing  and  to  provide  therefrom  revenue  for  the 
restoration  and  preservation  of  fish  in  the  waters 
of  the  state  of  California,  approved  March  21, 
1887,  Stats.  1887,  p.  233. 


TITLE  92. 
FISH     AND     GAME     WARDEN. 

Acts  relating  to,  see  Political  Code,  Appendix, 
title,  p.  1031. 


TITLE  93. 
FISH    COMMISSIONEES. 

Acts  relating  to,  see  Political  Code,  Appendix, 
p.  1031. 

Consult  also:  Act  authorizing  commissioners  to 
remove  obstructions  in  American  river,  approved 
March  5,  1889,  Stats.  1889,  p.  66.  An  act  author- 
izing the  fish  commissioners  to  dispose  of  the  Gov- 
ernor Stoueman,  approved  March  16,  1889,  Stats. 
1889,  p.  350. 


342  Forestry. 

TITLE  94. 

FORESTRY. 

See  Agriculture;  Fruit-trees  and  Vines;  Horticul- 
ture; Viticulture;  Silk  Culture. 

An  act  to  create  a  state  board  of  forestry,  and  to 
provide  for  the  expenses  thereof. 
[Approved  March  3,  1885;  Stats.  1885,  p.  10.] 
This  act  was  repealed  by  act  of  March  23,  1893, 

post. 

An  act  to  enlarge  the  powers  of  the  state  board  of 
forestry,  and  to  provide  for  the  expenses  of 
said  board. 

[Approved  March  7,  1887;  Stats.  1887,  p.  46.] 

This  act  was  not  in  terms  repealed  by  the  act 
of  March  23,  1893,  post,  but  probably  fell  with  the 
repeal  of  the  act  on  which  it  was  based. 

An  act  to  repeal  an  act  entitled  "An  act  to  create 
a  state  board  of  forestry,  and  to  provide  for 
the  expenses  thereof,"  approved  March  3,  1885, 
and  the  act  amendatory  thereof,  approved 
March  7,  1887,  and  to  make  an  appropriation 
for  the  maintenance  and  preservation  of  the 
property  of  the  board  of  forestry. 

[Approved  March  23,  1893;  Stats.  1893,  p.  229.] 

Section  1.  An  act  entitled  "An  act  to  create  a 
state  board  of  forestry,  and  to  provide  for  the  ex- 
penses thereof,"  approved  March  third,  eighteen 
hundred  and  eighty-five,  is  hereby  repealed. 

Sec.  2.  All  the  real  and  personal  property  of  the 
said  board  on  or  before  the  first  day  of  July, 
eighteen  hundred  and  ninety-three,  shall  be  as- 
signed, made  over,  and  transferred  to  the  agricul- 
tural department  of  the  university  of  California. 

Sec.  3.  There  is  hereby  appropriated  the  sum 
of  four  thousand  dollars  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  payable 
to  the  agricultural  department  of  the  university 
of  California,  for  the  support,  maintenance,  and 
preservation  of  the  experimental  stations  of  the 
state  board  of  forestry,  and  the  controller  is  here- 
by directed  to  draw  his  warrant  for  the  same. 


Fruit  Trees  and  Vines.  343 

Sec.  4.    This  act  shall  take  effect  from  and  after 
July  first,  eighteen  hundred  and  ninety-three. 


TITLE  95. 

FRESNO     COUNTY. 

A  reference  to  special  acts  relating  to  Fresno 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  57,  58. 

An  act  to  permanently  locate  the  county  seat  of 
Fresno  county. 
[Approved  March  30,  1874;  1873-4,  913.] 
The  act  located  the  county  seat  at  Fresno. 


TITLE  96. 
FRUIT-TREES     AND     VINES. 

See  Agriculture:  Forestry;  Horticulture;  Viticul- 
ture; Silk  Culture. 

An  act  for  the  better  protection  of  fruit-trees  and 
vines. 

[Approved  April  9,  1880;  1880,  36  (Ban.  ed.  187).] 

Commissions  and  their  powers. 

Section  1.  The  board  of  supervisors  in  the 
several  counties  of  this  state  are  hereby  author- 
ized, when  application  is  made  in  writing  by  five 
legal  voters  of  any  voting  precinct  in  the  county, 
to  appoint  a  commission  of  such  number  as  they 
shall  deem  necessary,  to  inspect  fruit-ti-ees  and 
vines  within  the  district  for  which  they  shall  have 
been  appointed;  and  in  case  disease  of  any  kind  be 
found  among  said  trees  or  vines,  which  is  extend- 
ing and  likely  to  extend  to  neighboring  vineyards 
or  orchards,  said  commission  may  order  such  ac- 
tion taken  by  the  removal  of  such  trees  and 
vines,  or  otherwise,  as  they  may  deem  necessary 
for  the  public  good;  provided,  such  commission 
shall  serve  without  compensation,  and  the  labor 
necessary  to  comply  with  their  recommendations 


344  Fruit-Trees  and  Vines. 

shall  be  at  the  expense  of  the  owner  of  the  prop- 
erty. 
Sec.  2.    This  act  shall  take  effect  immediately. 

An  act  to  prevent  the  spreading  of  fruit  and  fruit- 
tree  pests  and  diseases,  and  to  provide  for 
their  extirpation. 

[Approved  March  9,  1885;  1885,  40.] 

Disinfecting  fruit-trees. 

Section  1.  It  shall  be  the  duty  of  every  owner, 
possessor  or  occupier  of  an  orchard,  nursery,  or 
land  where  fruit-trees  are  grown  within  this  state, 
to  disinfect  all  fruit-trees  grown  on  such  lands  in- 
fested with  any  insect  or  insects,  or  the  germs 
thereof,  or  infested  by  any  contagious  disease 
known  to  be  injurious  to  fruit  or  fruit-trees,  before 
the  removal  of  the  same  from  such  premises  for 
sale,  gift,  distribution,  or  transportation.  Fruit 
boxes  whicli  have  been  used  for  shipping  fruit  to 
any  destination  are  hereby  required  to  be  disin- 
fected previous  to  their  being  again  used  for  any 
•purpose;  all  boxes  returned  to  any  orchard,  store- 
room, sales-room,  or  any  place  used  or  to  be  used 
for  storage,  shipping,  or  any  other  purpose,  must 
be  disinfected  within  three  days  after  their  re- 
turn; and  any  and  all  persons  failing  to  comply 
with  the  requirements  of  this  section  shall  be 
guilty  of  a  misdemeanor.  All  packages  known  as 
free  packages  must  be  destroyed  or  disinfected 
before  being  again  used. 
Destroying  infested  fruit. 

Sec.  2.  It  shall  be  the  duty  of  the  owner,  lessee, 
or  occupier  of  any  orchard  within  this  state,  to 
gather  all  fruit  infested  by  the  insects  known  as 
the  codlin  moth,  peach  moth,  red  spider,  plum 
weevil,  and  kindred  noxious  insects,  their  larvae 
or  pupae,  which  has  fallen  from  the  tree  or  trees, 
as  often  as  once  a  week,  and  dispose  of  or  destroy 
the  same  in  sucli  a  manner  as  to  effectually  de- 
stroy all  such  insects,  their  larvae  or  pupae.  It 
shall  be  the  duty  of  the  inspector  of  fiiiit  pests,  or 
the  quarantine  guardian  to  inspect  fruit  packages 
and  all  trees  and  plants,  cuttings,  grafts,  and 
scions,  known  or  believed  to  be  infested  by  any 
insect  or  insects,  or  the  germs  thereof,  or  their 
eggs,  larvae,  or  pupae,  injurious  to  the  fruit  or 


Fruit-Trees  and  Vines.  345 

fruit-trees,  or  infested  witli  any  disease  liable  to 
spread  contagion,  imported  or  brought  into  this 
state  from  any  foreign  country,  or  from  any  of  the 
United  States  or  territories,  and  if,  upon  inspec- 
tion, such  fruit  or  fruit  pacliages  are  found  to  be 
infested  or  infected,  it  shall  be  a  misdemeanor  to 
offer  the  same  for  sale,  gift,  distribution,  or  trans- 
portation, unless  they  shall  be  first  disinfected. 
Owner's  label  on  shipped  cuttings. 

Sec.  8.  Every  person  shipping  fruit-trees, 
scions,  cuttings,  or  plants  from  any  orchard,  nur- 
sery, or  other  place  where  they  were  grown  or 
produced,  shall  place  upon  or  securely  attach  to 
each  box,  package,  or  parcel  containing  such  fruit- 
trees,  scions,  cuttings,  or  plants,  a  distinct  mark 
or  label,  showing  the  name  of  the  owner  or  ship- 
per and  the  locality  where  produced.  And  any 
person  who  shall  cause  to  be  shipped,  transported, 
or  removed  from  any  locality  declared  by  the  state 
board  of  horticulture  to  be  infested  with  fruit-tree 
or  orchard  pests,  or  infected  with  contagious  dis- 
eases iujurious  to  trees,  plants,  or  fruits,  unless  the 
same  shall  have  been  previously  disinfected,  shall 
be  guilty  of  a  misdemeanor.  Disinfection  shall  be 
to  the  satisfaction  of  the  state  board  of  horticul- 
ture, or  the  inspector  of  fruit  pests.  When  disin- 
fected, the  fact  shall  be  stamped  upon  each  box, 
package,  or  separate  parcel  of  fruit-trees,  scions, 
cuttings,  or  plants;  and  any  person  who  shall 
cause  to  be  shipped,  transported,  or  removed  any 
such  box,  parcel  or  package  from  a  quarantine  dis- 
trict or  locality,  not  bearing  such  stamp,  shall  be 
guilty  of  a  misdemeanor,  and  may  be  punished 
by  fine,  as  provided  in  section  six  of  this  act.  Any 
person  who  shall  falsely  cause  such  stamp  to  be 
used,  or  shall  imitate  or  counterfeit  any  stamp  or 
device  used  for  such  purpose,  shall  be  guilty  of  a 
misdemeanor. 
Duties  of  members  of  state  board. 

Sec.  4.  It  shall  be  the  special  duty  of  each 
member  of  the  state  board  of  horticulture  to  see 
that  the  provisions  of  this  act  are  carried  out 
within  his  respective  horticultural  district,  and  all 
offenders  duly  punished. 
Cleansing  fruit-trees. 

Sec.  5.    All  fruit-trees  infested  by  any  insect  or 
insects,  their  germs,  larvae,  or  pupae,  or  infected 


340  P'unds— Game. 

by  disease  known  to  be  injurious  to  fruit  or  fruit- 
trees,  and  liable  to  spread  contagion,  must  be 
cleaned  or  disinfected  before  the  first  day  of 
April,  eighteen  hundred  and  eighty-five,  and  on 
or  before  the  first  day  of  April  of  every  succeed- 
ing year  thereafter.  All  owners  or  occupants  of 
lands  on  which  fruit-trees  are  grown,  failing  to 
comply  with  the  provisions  of  this  section,  shall 
be  guilty  of  a  misdemeanor,  and  fined  as  provided 
for  in  section  six  of  this  act.  All  fruit,  pacl^;ages, 
trees,  plants,  cuttings,  grafts,  and  scions  that  shall 
not  be  disinfected  within  twenty-four  hours  after 
notice  by  the  inspector  of  fruit  pests,  or  a  duly 
appointed  quarantine  guardian,  or  any  member 
of  the  board  of  horticulture,  shall  be  liable  to  be 
proceeded  against  as  a  public  nuisance. 
Penalty. 

Sec.  6.  Any  person  or  corporation  violating  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction  thereof, 
be  punishable  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for 
every  offense. 


TITLE  97. 
FUNDS. 
See  Public  Debt,  post. 

The  Political  Code,  sec.  19,  continued  in  force 
all  acts  for  funding  the  state  debt,  or  any  part 
thereof,  and  lor  issuing  state  bonds  and  acts 
amending  or  supplementing  such  acts. 

For  a  list  of  these  acts,  see  Deering's  Annotated 
Penal  Code,  p.  565,  et  seq. 


TITLE  98. 
GAME. 

See  Fish. 

For  a  reference  to  acts  relating  to  this  subject, 
see  Deering's  Annotated  Penal  Code,  pp.  576,  596. 


Game  Laws— Gas.  347 

TITLE  99. 

GAME  LAWS. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Game  Laws,  p.  561. 


TITLE  100. 

GAS. 

An  Act  to  regulate  the  quality  and  standard  illu- 
minating power  and  tlie  price  of  gas  in  all 
cities  within  the  State  of  California  having  a 
population  of  one  hundred  thousand  or  more. 

[Approved  March  4,  1878;   1877-8,  107.] 

Quality  and  price  of  gas  to  be  fixed  by  whom. 

Section  1.  That  in  all  cities  in  the  State  of  Cali- 
fornia having  a  population  of  one  hundred  thou- 
sand or  more,  the  local  legislative  body  thereof, 
whether  known  and  designated  as  the  board  of 
supervisors,  or  board  of  aldermen,  or  common 
council,  or  board  of  trustees,  or  otherwise,  are 
hereby  authorized  and  required  to  fix  the  standard 
quality  and  illuminating  power  of  gas  to  be  fur- 
nished, and  the  rate  and  price  for  each  one  thou- 
sand cubic  feet  to  be  charged  therefor  by  any  per- 
son, company,  or  corporation  whose  pipes  or  mains 
are  or  shall  be  laid  down  in  the  streets  or  high- 
ways of  such  city,  for  the  purpose  of  supplying 
gas  for  the  use  of  such  city,  or  for  the  inhabitants 
thereof,  or  for  such  city  and  its  inhabitants; 
provided,  however,  that  said  board  or  local  au- 
thority shall  not  fix  or  establish  the  standard 
quality  and  illuminating  power  of  gas  in  such  city 
at  less  than  sixteen-candle  power,  or  sucli  that 
five  cubic  feet  of  gas  per  hour  so  furnished  shall 
give  light  at  least  equal  to  that  afforded  by  the 
combustion  of  sixteen  standard  sperm  candles  con- 
suming one  hundred  and  twenty  grains  of  sperm 
each  per  hour,  the  burner  to  be  used  in  mailing 
such  test  to  be  that  best  adapted  to  the  economi- 
cal consumption  of  gas;  and  provided  further,  that 
such  board  of  supervisors,  or  local  legislative  au- 
thority, by  whatever  name  it  may  be  known,  shall 


348  Gas. 

not  fix  or  establish  the  rate  or  price  of  gas  so 
furnished  to  such  city  or  its  inhabitants  at  any- 
greater  price  or  rate  than  three  dollars  per  thou- 
sand cubic  feet. 
Mayor  to  appoint  an  inspector. 

Sec.  2.  It  shall  be  the  duty  of  the  mayor  of  each 
city  having  the  population  mentioned  in  section 
one  of  this  act,  and  such  mayor  is  hereby  required, 
within  thirty  days  after  the  passage  and  approval 
of  this  act,  to  appoint,  subject  to  the  approval  of 
the  board  of  supervisors,  or  other  local  legislative 
body  aforesaid,  a  person  of  competent  experience 
and  linowledge  of  and  concerning  the  proper  qual- 
ities and  illuminating  power  of  gas,  and  who  shall 
not  be  directly  or  indirectly  interested  in  or  con- 
nected with  any  person,  company,  or  corporation 
engaged  in  the  manufacture  or  furnishing  of  il- 
luminating gas  in  such  city,  or  elsewhere,  either 
to  such  city  or  its  inhabitants,  or  any  of  them, 
either  as  a  stockholder  or  otherwise,  who  shall  be 
known  and  designated  as  gas  inspector  of  such 
city,  who  shall  hold  his  said  office  for  the  term  of 
two  years,  or  until  his  successor  shall  be  appointed 
and  qualified;  subject,  however,  to  removal  from 
his  said  offi'ce  by  the  mayor,  with  the  concurrence 
of  a  majority  of  the  board  of  supervisors,  or  other 
local  legislative  board  aforesaid,  for  any  one  of  the 
following  causes,  to  wit,  by  reason  of  any  interest 
in  the  manufacture  or  furnishing  of  gas  in  such 
city,  whether  such  interest  existed  at  the  date 
of  his  appointment  or  was  afterward  acquired,  or 
for  want  of  competent  knowledge,  skill,  or  experi- 
ence to  enable  him  properly  to  discharge  the  du- 
ties of  said  office,  or  for  any  neglect,  misconduct, 
or  inefficiency  in  tlie  discharge  of  the  duties  of 
said  office,  to  the  prejudice  of  such  city,  or  its  in- 
habitants, or  any  of  them.  The  person  so  ap- 
pointed shall,  before  he  enters  upon  tlie  duties  of 
said  office,  and  within  ten  days  after  his  appoint- 
ment and  confirmation,  take  and  subscribe  an 
oath  or  affirmation  before  tlie  county  judge  of  the 
county  in  which  such  city  is  situated,  that  he  will 
faithfully  and  impartially  perform  and  discharge 
all  the  duties  required  by  this  net  and  the  ordi- 
nances or  resolutions  of  said  board  passed  or 
adopted  under  and  pursuant  to  the  provisions 
thereof,  as  such  gas  inspector  of  such  city,  and 
shall  also,  within  the  same  time,  give  bond  to  the 


Gas.  349 

city  in  and  for  whicli  he  is  appointed,  in  the  sum  of 
ten  thousand  dollars,  with  sureties  to  be  approved 
by  said  board,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  said  office,  which  said 
oath  and  bond  shall  be  filed  with  the  clerk  of 
said  board.  Such  gas  inspector  shall  be  entitled 
to  a  salary  to  be  fixed  and  allowed  by  said  board, 
which  shall  be  paid  monthly  out  of  the  general 
fund  of  such  city. 
Duty  of  inspector. 

Sec.  3.  It  shall  be  the  duty  of  such  inspector, 
immediately  upon  his  appointment  and  qualifica- 
tion as  such  officer,  as  aforesaid,  to  malie  a  care- 
ful examination  and  inquiry  by  inspection,  letter, 
or  otherwise,  as  to  the  quality  and  illuminating 
power  of  the  gas  furnished  and  used  in  the  prin- 
cipal cities  of  the  United  States,  and  the  prices 
charged  therefor,  and  also  the  comparative  cost 
of  the  manufacture  and  supply  of  gas  in  other  cit- 
ies of  the  United  States,  with  the  cost  of  the 
manufacture  and  supply  of  the  same  in  the  city 
for  which  he  is  such  inspector,  and  report  fully 
the  result  of  such  examination  and  information  to 
said  board  within  six  months  after  his  appoint- 
ment and  qualification;  and  upon  receiving  such 
reports,  said  board  shall  proceed  to  fix  and  estab- 
lish the  quality  and  standard  illuminating  power 
of  gas  to  be  used  in  such  city,  and  the  maximum 
price  to  be  charged  therefor;  and  such  standard 
and  price  may  be  changed  by  said  board  from 
time  to  time,  not  oftener  than  once  every  year, 
as  increased  consumption  or  other  circumstances 
may  in  their  judgment  require. 
Same. 

Sec.  4.  After  said  board  shall  have  fixed  and  es- 
tablished the  quality  and  illuminating  power,  and 
the  price  of  gas,  as  hereinbefore,  it  shall  be  the 
duty  of  such  inspector  to  examine  and  inspect, 
from  time  to  time,  at  least  once  every  week,  with- 
out notice  to  the  person,  company,  or  corporation 
furnishing  the  same,  the  quality  and  illuminating 
power  of  the  gas  furnished  to  such  city  and  the 
inhabitants  thereof,  and  in  case  the  same  shall 
fall  below  the  standard  fixed  by  said  board,  the 
said  inspector  shall  forthwith  report  the  same  to 
said  board;  and  at  such  other  times  as  he  may  be 
Gen.  Laws— 30. 


350  Gas. 

requested  thereto  by  the  mayor  or  any  committee 
of  said  boards,  he  shall  report  to  said  board  upon 
any  and  all  matters  connected  with  the  manufac- 
ture, supply,  and  consumption  of  gas  coming  with- 
in the  scope  of  his  official  duties,  and  specially  up- 
on any  subject  or  subjects,  matters  or  things,  con- 
nected therewith  and  specified  in  such  request. 
Certain  acts  declared  unlawful. 

Sec.  5.  After  said  board  shall  have  fixed  and  es- 
tablished the  quality  and  standard  illuminating 
power  of  the  gas,  and  the  price  per  thousand  cu- 
bic feet,  as  in  this  act  provided  to  be  charged 
therefor,  it  shall  be  unlawful  for  any  person,  com- 
pany, or  corporation  to  furnish  to  such  city,  or  any 
inhabitant  thereof,  or  other  person  therein,  for 
illuminating  purposes,  gas  of  a  lower  standard  or 
quality,  or  to  charge  or  receive  therefor  a  higher 
price  than  is  provided  by  said  board,  under  the  au- 
thority and  subject  to  the  limitations  of  this  act; 
and  for  every  violation  of  the  provisions  of  this 
act,  or  the  provisions  of  any  order,  resolution,  or 
ordinance  of  said  board  made  in  pursuance  thereof, 
every  such  person,  company,  or  corporation  shall 
incur  a  penalty  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  to  be  recovered 
in  a  civil  action  in  the  name  and  for  the  use  of 
such  city,  in  any  court  of  competent  jurisdiction; 
and  each  day  upon  which  such  person,  company, 
or  corporation  shall,  without  reasonable  cause  or 
excuse  therefor,  furnish  gas  of  a  lower  quality  or 
standard  illuminating  power  than  that  fixed  by 
said  board,  shall  constitute  and  be  considered  and 
held  one  violation  thereof,  and  each  month  or 
shorter  period  for  which  said  person,  company,  or 
corporation  shall  talie  an  account  of  gas  con- 
sumed, and  for  which  they  shall  charge  or  receive 
a  price  greater  than  that  fixed  by  said  board, 
shall  be  held  and  regarded  as  one  offense,  and  any 
number  of  such  offenses  of  either  class,  or  both, 
may  be  joined  in  the  same  action,  and  the  several 
penalties  for  the  several  violations  proved  or  con- 
fessed in  said  action  may  be  united  and  recovered 
in  the  same  judgment;  and  such  person,  company, 
or  corporation  shall  also  be  liable  to  such  city  and 
to  any  and  each  person  or  corporation  who  shall 
be  injured  by  any  such  violation,  in  double  the 
amount  of  damages  actually  sustained. 


Gas.  351 

Actions  tried,  by  whom. 

Sec.  6.  All  actions  for  penalties  under  the  pro- 
visions of  this  act  sliall  be  tried  by  the  court,  un- 
less a  jury  be  demanded  by  either  party;  and 
when  such  action  shall  be  tried  by  a  jury,  the  jury 
shall  find,  as  to  each  violation  charged  in  the  com- 
plaint, that  "the  defendant  is  guilty,"  or  "the  de- 
fendant is  not  guilty;"  and  upon  each  charge  in  re- 
spect to  which  the  jury  has  found  the  defendant 
guilty,  the  court  shall  fix  the  penalty,  and  render 
judgment  for  the  aggregate  amount  of  such  pen- 
alties, together  with  costs  of  suit. 

Sec.  7.  All  penalties  recovered  under  this  act 
shall  be  paid  into  the  general  fund  of  such  city. 

Sec.  8.  This  act  shall  apply  to  the  city  and  coun- 
ty of  San  Francisco,  as  well  as  to  cities  whose 
municipal  government  is  distinct  from  the  county 
in  which  they  are  located. 

Sec.  9.    This  act  shall  take  effect  Immediately. 

The  Political  Code,  sec.  19,  continues  in  force 
the  following  act  in  relation  to  the  laying  down  of 
gas-pipes  and  location  of  gas-works: 


An  Act  concerning  gas  companies. 
[Approved  April  4,  1870;  1869-70,  815.] 

Granting  of  franchises  to  gas  companies. 

Section  1.  From  and  after  the  passage  of  this 
act,  it  shall  be  lawful  for  the  corporate  authori- 
ties of  every  city  and  toAvn  in  this  state,  and  for 
the  supervisors  of  the  city  and  county  of  San 
Francisco,  to  grant  to  any  gas  company  the  privi- 
lege of  laying  down  pipes  in  the  streets  or  alleys 
of  such  towns  and  cities,  including  San  Francisco, 
as  aforesaid,  and  supplying  gas  for  the  lighting  of 
the  streets  and  buildings  thereon;  such  privilege 
to  continue  for  a  term  not  exceeding  twenty-five 
years. 
Conditions. 

Sec.  2.    Every  such  license  or  privilage  shall  be 
upon  condition  that  the  authorities  shall  have  the 
right  at  any  time  to  allow  similar  privileges  to 
.  other  companies;  and  upon  the  further  condition, 
that  the  laying  down  of  such  pipes  shall  be  sub- 
ject to  the  reasonable  direction  of  the  said  author- 


352  Gas— Gifts. 

ities,  and  shall  do  as  little  injury  as  possible  to 
the  paving,  planking,  or  macadamizing  of  the 
streets  and  alleys  aforesaid;  and  that  whenever 
the  paving,  planking,  or  macadamizing  of  such 
streets  or  alleys  is  displaced  for  the  purpose  of 
laying  down  pipes  or  removing  the  same,  or  mak- 
ing connections  therewith  or  repairs  thereto,  such 
paving,  planking,  or  macadamizing  shall  be  re- 
placed in  as  good  order  as  practicable  by  such 
company. 
Contract  for  lighting  streets. 

Sec.  3.  The  authorities  of  every  such  town  or 
city,  including  San  Francisco  as  aforesaid,  may 
contract  with  any  gas  company  for  lighting  the 
streets  thereof;  but  no  such  contract  shall  be  made 
at  a  fixed  rate  for  a  longer  term  than  five  years, 
nor  at  a  variable  or  other  rate  for  a  longer  term 
than  ten  years;  nor  shall  any  such  contract  be 
made  at  a  higher  rate  than  that  now  paid  in  the 
city  of  San  Francisco. 
Location  of  works. 

Sec.  4.  In  addition  to  the  foregoing  provisions, 
the  authorities  of  such  towns  and  cities  shall  af- 
fix to  every  license  or  contract  such  conditions 
as  will  be  for  the  benefit  of  the  public,  and  may- 
secure  their  enforcement  by  any  orders  or  ordi- 
nances which  they  may  deem  necessary.  They 
may  also  control  the  location  and  construction  of 
works  so  that  they  may  be  erected  in  suitable  lo- 
calities to  give  the  least  discomfort  or  annoyance 
to  the  public. 

Sec.  5.    This  act  shall  take  effect  immediately. 


TITLE  101. 

GEOLOGICAL  SURVEI. 

Acts  relating  to  this  subject  can  be  found  in 
Deering's  Annotated  Political  Code  under  section 
554. 

GIP^TS. 
See  ante,  Donations  to  State,  etc. 


Glenn  County— Goats.  353 

TITLE  102. 
GLENN  COUNTY. 

An  act  to  create  the  county  of  Glenn,  to  establish 
the  boundaries  thereof,  and  to  provide  fox  its 
organization. 
This  act  was  approved  March  11,  1891;  Stats. 

1891,  p.  98. 

TITLE  103. 

GOATS. 

See  ante,  Estrays. 

An  Act  to  prevent  buck  goats  running  at  large. 
[Approved  March  23,  1878;  1877-8,  437.] 

Buck  goats  not  to  run  at  large. 

Section  1.  It  shall  not  be  lawful  for  the  owner 
or  owners  of  any  buck  goat  or  buck  goats,  or  any 
person  or  persons  in  charge  of  such  goat  or  goats, 
to  turn  or  permit  such  goat  or  goats  to  be  turned 
or  run  at  large  in  any  county  of  this  state. 
Penalty  for  violation. 

Sec.  2.  Any  person  violating  the  provisions  of 
the  first  section  of  this  act  shall,  upon  complaint 
and  conviction  before  a  justice  of  the  peace  of  the 
proper  township,  be  fined  in  a  sum  not  less  than 
five  dollars,  nor  more  than  twenty  dollars,  to  be 
collected  as  fines  are  now  by  law  collected. 

Sec.  3.  This  act  shall  take  effect  on  and  after 
the  first  day  of  July,  eighteen  hundred  and  seven- 
ty-eight. 

In  addition  to  the  foregoing  general  act  in  rela- 
tion to  goats,  there  are  various  acts  referring  to 
the  running  at  large  of  and  trespassing  by  these 
animals.  Some  of  them  are  noted  under  the  head 
of  "hogs"  and  "sheep."  The  following,  passed  in 
1878,  may  be  referred  to  here: 

An  act  to  prevent  the  trespassing  of  goats  on 
inclosed  lands  in  Amador  county,  approved  March 
2G,  1878;  1877-8,  536. 


354  Gophers— Guardians. 

Au  act  to  prevent  sheep  and  goats  from  being 
herded  or  running  at  large  in  certain  portions  of 
Lake  county,  approved  March  29,  1878,  1877-8, 
685. 


GOPHERS. 

See  Squirrels. 

TITLE  104. 

GOVERNOR. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Governor,  p.  564;  Political  Code,  Appendix,  title 
Governor,  p.  1035.  In  addition  consult  act  for  pur- 
chase of  picture  of  Washington  Bartlett,  approved 
March  19,  1889,  Stats.  1889,  p.  327. 


TITLE  105. 

GRAND  ARMY. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Grand  Army,  p.  564,  and  post,  title  Veterans' 
Home. 


TITLE  106. 

GROWING  TREES. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Growing  Trees,  p.  565. 


TITLE  107. 

GUARDIANS. 

Acts  relating  to,  see  Civil  Code,  Appendix,  title 
Guardians,  p.  771. 


Hides  of  Cattle.  355 

TITLE  108. 
HAMBURG   HORTICULTURAL   EXPOSITION. 

Ae  act  appropriating  money  to  pay  the  expenses  of 
collecting,  preparing,  forwarding,  installing  and 
maintaining,  taking  down  and  returning  an  ex- 
hibit of  the  products  of  the  State  of  California 
at  the  Hamburg  Horticultural  Exposition,  to 
be  held  at  Hamburg,  Germany,  in  eighteen 
hundred  and  ninety-seven,  and  to  provide  for 
a  commission,  secretary  of  a  commission,  and 
the  pay  of  the  secretary  thereof. 

[Stat,  approved  April  1,  1897;  Stats.  1897,  chap, 
ccliii.] 
Six  thousand  dollars  was  appropriated  for  the 

purpose  indicated. 


TITLE  109. 

HARBOR  COMMISSIONERS. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title,  Harbor  Commissioners,  p.  1035. 


TITLE  110. 
HASTINGS  LAW  SCHOOL. 

See  University. 

Acts  relating  to  the  Hastings  Law  School  can  be 
found  in  Deeriug's  Annotated  Penal  Code,  pp.  740- 
742,  and  in  Deering's  Annotated  Political  Code, 
under  section  1396. 


TITLE  111. 

HIDES  OF  CATTLE. 

The  Political  Code,  sec.  19,  continued  in  force 
the  following  act: 

An  act  for  the  better  protection  of  stock  raisers 
in  the  counties  of  Fresno,  Tulare,  Monterey, 
and  Mariposa. 

[Approved  March  20,  1866,  322.] 


356  Highways. 

TITLE  112. 

HIGHWAYS. 

An  Act  for  the  establishment  of  a  uniform  system 
of  road  government  and  administration  in  the 
counties  of  the  State  of  California. 

[Approved  April  1,  1897;  Stats.  1897,  p.  374.] 

In  the  case  of  Davis  v.  Whidden,  filed  July  28, 
1897,  it  was  held  that  this  act  commonly  known 
as  the  Clark  Eoad  Law  was  inconsistent  with  the 
county  government  bill  passed  at  the  same  ses- 
sion, and  was  repealed  by  it. 

An  act  to  create  a  bureau  of  highways,  and  pre- 
scribe its  duties  and  powers,  and  to  make  an 
appropriation  for  its  expenses. 

[Stat,  approved  March  27,  1895;  Stats.  1895,  chap, 
cciii.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Within  ten  days  after  the  passage 
of  this  act  the  governor  shall  appoint  three  com- 
petent persons  to  compose  a  bureau  of  highways, 
who  shall  hold  office  for  two  years  from  the  date 
of  their  qualifying.  The  persons  so  appointed 
shall  be  selected  with  particular  reference  to  their 
qualifications  for  the  duties  devolving  on  them. 
They  shall  not  be  actively  engaged  in  any  other 
pursuit  while  serving  as  such  commissioners,  and 
shall  devote  their  entire  time  to  the  services  of 
the  bureau  of  highways.  In  case  of  a  vac0.ncy 
occurring  on  the  said  bureau,  the  governor  shall, 
within  ten  days,  appoint  a  person  of  proper  quali- 
fications.to  fill  such  vacancy. 

Sec.  2.  The  members  of  the  bureau  of  high- 
ways, before  entering  on  the  duties  of  their  office, 
must  execute  an  official  bond  in  the  sum  of  five 
thousand  dollars,  and  take  the  oath  of  office  as 
prescribed  in  the  Political  Code  for  the  state 
officers   in  general. 


Highways.  357 

Sec.  3.  Among  the  duties  of  the  bureau  of 
highways  shall  be  to  gather  from  each  county  in 
the  state  statistics  showing  the  total  mileage  of 
highways,  their  condition  of  improvement,  the 
condition  of  the  titles  to  the  right  of  way,  the 
method  of  obtaining  title  and  of  keeping  the 
records  thereof,  the  method  of  procedure  in  grant- 
ing, closing,  and  altering  roads,  and  the  manner 
of  preserving  the  records  of  the  same,  the  manner 
in  which  roads  are  constructed  and  maintained, 
the  manner  of  payment  for  the  construction  and 
maintenance  of  roads,  the  manner  in  which  the 
accounts  pertaining  to  the  same  are  kept,  the 
manner  in  which  the  money  for  highway  purposes 
is  raised,  the  amount  expended  in  the  past  ten 
years  for  highway  purposes,  with  the  rate  of  tax- 
ation on  one  hundred  dollars  that  is  apportioned 
to  the  road  fund.  It  shall  inquire  into  the  topo- 
graphical and  geological  features  of  each  county, 
and  more  particularly  with  reference  to  the  ac- 
cessibility of  water  for  road-sprinkling  purposes, 
and  stone  quarries,  deposits  of  gravel,  bituminous 
rock,  sand,  adobe,  or  any  other  materials  suitable 
for  road-making  purposes.  It  shall  ascertain  all 
laws,  now  in  force  in  this  state,  appertaining  to 
the  highways,  and  shall  segregate  all  such  as  in 
the  .indgment  of  the  members  of  the  bureau  are 
ineffective  or  obsolete  from  such  as  are  effective. 
Inquiry  shall  be  made  into  what  laws  and 
methods  are  in  use  in  other  states  in  regard  to 
road  matters,  and  an  abstract  shall  be  made  of 
such  as  are  best  adapted  to  the  state  of  Califor- 
nia. It  shall  prepare  such  cross-sections  of  roads, 
plans  for  draining  or  watering  of  roads,  and  for 
culverts,  small  bridges,  and  road  appliances  as 
may  be  deemed  expedient.  It  shall  prepare  such 
blank  forms  as  may  be  necessary  to  systemize  all 
acts  pertaining  to  the  highways,  and  shall  fur- 
thermore make  any  other  inquiries  in  matters  re- 
garding highway  improvement  as  will  be  of  in- 
terest or  benefit  to  the  objects  of  the  said  bureau. 
Information  and  advice  shall  be  furnished  by  the 
bureau  of  highways,  on  matters  connected  with 
highway  improvement  and  kindred  subjects,  at 
any  and  all  times,  to  all  county  officials,  or  others 
connected  with  the  highways,  who  may  apply  for 
the  same,  and  any  and  all  such  information  and 


358  Highways. 

advice  shall  be  furnished  free  of  charge.  It  shall 
receive  orders  for  road  material,  to  be  prepared 
at  the  state  prisons,  and  shall  forward  the  same 
to  the  governing  body  of  the  prisons,  and  in  case 
the  orders  exceed  the  rate  of  supply,  shall  make 
an  equitable  distribution  of  the  product. 

Sec.  4.  One  or  more  members  of  the  bureau  of 
highways  shall  visit  each  county  in  the  state  at 
least  once  in  each  year,  and  shall  hold  therein  a 
public  meeting,  at  which  there  shall  be  an  open 
discussion  of  all  matters  relating  to  highways  or 
highway  improvement. 

Sec.  5.  The  bureau  of  highways  shall  have 
power  to  call  on  the  clerli  of  the  board  of  super- 
visors, surveyor,  auditor,  or  any  other  official,  for 
such  assistance  as  may  be  necessary  for  gather- 
ing the  information  it  may  desire.  It  may  talje 
testimony  of  any  persons  deemed  necessary,  in 
relation  to  matters  pertaining  to  highways,  and 
shall,  in  doing  so,  follow  the  methods  set  forth 
in  an  act  entitled  "An  act  creating  a  board  of 
banlv  commissioners." 

Sec.  6.  The  members  of  the  bureau  of  high- 
ways shall  each  receive  a  salary  of  three  thou- 
sand dollars  per  annum,  which  shall  be  audited 
by  the  state  controller,  and  paid  by  the  state 
treasurer,  in  the  same  manner  as  are  salaries  of 
other  state  officials. 

Sec.  7.  Within  ten  days  after  the  appointment 
of  the  members  of  the  bureau  of  highways,  they 
shall  assemble  at  the  office  of  the  surveyor  gene- 
ral at  tlie  state  capitol,  in  the  city  of  Sacramento, 
and  shall  be  called  to  order  by  that  official,  and 
sliall  forthwith  elect  a  chairman  from  among 
their  number,  who  shall  preside  at  all  the  meet- 
ings of  said  bureau  of  highways,  and  exercise  the 
duties  usually  devolving  upon  a  presiding  officer. 

Sec.  8.  The  office  of  the  bureau  of  highways 
shall  be  located  in  the  state  capitol  building,  in 
the  city  of  Sacramento.  The  secretary  of  state  is 
hereby  directed  to  provide  said  bureau  of  high- 
ways with  a  room  suitably  furnished  for  that 
purpose.  The  office  before  named  shall  be  the 
office  of  tlie  bureau  of  highways,  but  the  mem- 
bers tliereof  sliall  visit  sncli  portions  of  the  state 
and  at  such  times  as  they  may  deem  advisable  or 
the  duties  devolving  on  them  may  require. 


Highways.  359 

Sec.  9.  The  bureau  of  highways  shall  have  the 
power  to  employ  such  clerical,  expert,  or  other 
assistance  as  may  be  necessary  for  the  purpose 
of  conducting  the  affairs  of  its  office,  subject  to 
the  approval  of  the  state  board  of  examiners. 
The  members  of  the  bureau  of  highways,  or  any 
employee  thereof,  shall  be  allowed  their  actually 
necessary  traveling  expenses  when  in  the  dis- 
charge of  their  duty.  The  bureau  of  highways 
shall  be  allowed  all  necessary  supplies  and  con- 
veniences for  the  purpose  of  conducting  the  af- 
fairs of  its  office.  All  claims  against  the  state, 
contracted  by  the  bureau  of  highways,  shall,  be- 
fore payment,  be  examined,  audited,  and  ap- 
proved by  the  board  of  examiners. 

Sec.  10.  The  bureau  of  highways  shall  have  a 
seal,  which  shall  be  affixed  to  all  necessary  pa- 
pers and  documents  in  the  usual  manner.  It  shall 
also  cause  to  be  Iiept  proper  books,  as  records  of 
all  acts  done  by  it  under  the  provisions  of  this  act. 

Sec.  11.  It  shall  be  the  duty  of  the  state  min- 
eralogist to  furnish  the  bureau  of  highways  such 
data  and  information  as  it  may  call  for. 

Sec.  12.  It  shall  be  the  duty  of  the  attorney 
general  to  advise  the  bureau  of  highways  on  all 
legal  matters,  when  requested  to  do  so. 

Sec.  13.  It  shall  be  the  duty  of  the  bureau  of 
highways  to  prepare  a  report,  which  shall  be  sub- 
mitted to  the  governor,  in  the  manner  and  at  the 
time  prescribed  by  law  for  the  submission  of  such 
reports.  Said  report  shall  embrace  the  work  and 
investigation  of  the  bureau  for  the  previous  two 
years,  with  recommendations  that  will  be  useful 
in  framing  a  practicable  road  law,  together  with 
such  information  as  will  be  useful  in  the  improve- 
ment of  the  highways.  There  shall  also  be  pub- 
lished from  time  to  time,  as  may  be  deemed  ad- 
visable by  the  bureau,  bulletins  containing  use- 
ful recommendations  and  instructions  regarding 
highway  construction,  maintenance,  and  kindred 
subjects. 

Sec.  14.  It  shall  be  the  duty  of  the  state 
printer,  upon  proper  order  from  the  board  of  ex- 
aminers, to  print  the  report  of  the  bureau  of  high- 
ways, together  with  such  bulletins  as  it  may  de- 
sire to  publish,  and  the  distri^^'ition  shall  be  made 
under  proper  order  from  the  board  of  examiners. 


3G0  Highways. 

Sec.  15.  The  bureau  of  highways  shall,  upon 
the  expiration  of  its  existence,  which  shall  be  two 
years  after  its  organization,  deliver  to  the  state 
controller,  all  property,  boolis,  reports,  and  pa- 
pers of  every  description  pertaining  to  its  office. 

Sec.  10.  The  sum  of  thirty-one  thousand  dol- 
lars is  hereby  appropriated  out  of  any  money  in 
the  general  fund  of  the  state  treasury  not  other- 
wise'appropriated,  to  pay  the  expenses  of  the  said 
bureau,  and  the  state  controller  is  hereby  directed 
to  draw  his  Avarrant  for  the  same  from  time  to 
time,  as  necessary,  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same.  Said  appropria- 
tion shall  cover  all  the  expenses  of  the  bureau  of 
highways,  and  in  no  case  shall  an  indebtedness 
over  and  above  the  amount  so  appropriated  be 
created  or  allowed.  One-half  of  the  appropriation 
herein  made  shall  be  available  during  the  forty- 
seventh  fiscal  year,  and  the  other  half  during  the 
forty-eighth  fiscal  year. 

Sec.  17.  All  acts  or  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Sec.  If).  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 


An  Act  to  create  a  Department  of  Highways  for 
the  State  of  California,  to  define  its  duties  and 
powers,  to  provide  for  the  appointment  of  offi- 
cers and  employees  thereof,  and  to  provide  for 
the  compensation  of  said  officers  and  em- 
ployees, and  for  the  additional  expenses  of 
said  department,  and  to  make  an  appropria- 
tion therefor  for  the  remainder  of  the  forty- 
eighth  fiscal  year. 

[Stats,  approved  April  1,  1897;  Stats.  1897,  chap, 
cclxvii.] 

Section  1.  A  department  of  and  for  the  State 
of  California,  to  be  known  as  the  Department  of 
Highways,  is  hereby  created,  to  consist  of  three 
chief  executive  officers,  wlio  shall  be  known  as 
Highway  Commissioners.  Said  department,  its 
officers  and  employees,  shall  have  and  exercise  tne 
powers  and  duties  hereinafter  specified,  and  such 
as  are  or  may  be  otherwise  provided  by  law. 


Highways.  361 

Sec.  2.  Immediately  upon  the  taking  effect  of 
this  act,  the  Governor,  by  and  with  the  consent 
and  advice  of  the  Senate,  shall  appoint  three  per- 
sons as  highway  commissioners.  The  persons  so 
appointed  shall  be  selected  with  particular  refer- 
ence to  their  qualifications  for,  and  practical 
Ivuowledge  of,  highway  location,  construction,  and 
maintenance.  The  highway  commissioners  shall 
devote  their  entire  time  to  the  service  of  the  State, 
and  shall  not  actively  engage  in  any  other  pursuit 
while  serving  as  highway  commissioners.  The 
commissioners  shall  personally  perform  all  the 
engineering  work  of  the  department;  provided, 
that  the  department  may  be  allowed  assistance  on 
the  engineering  work  thereof  on  receiving  the 
unanimous  approval  of  the  State  Board  of  Exam- 
iners. 

Sec.  3.  Each  of  the  highway  commissioners 
shall  hold  office  for  the  term  of  two  years  from 
and  after  the  date  of  his  qualification,  as  herein- 
after provided  for.  At  the  expiration  of  said  last- 
named  term  two  of  said  three  offices  shall  there- 
upon cease  and  determine,  and  the  powers  and  du- 
ties herein  specified  shall  devolve  upon  one  high- 
way commissioner.  At  least  thirty  days  prior  to 
the  expiration  of  the  terms  of  the  highway  com- 
missioners provided  for  above  in  this  section  the 
Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  unless  it  be  otherwise  provided  by  law, 
shall  appoint,  for  a  term  of  four  years,  and  every 
four  years  thereafter,  one  civil  engineer  as  high- 
way commissioner,  who  shall  have  the  qualifica- 
tions specified  in  section  two  of  this  act.  and  upon 
him  shall  devolve  all  of  the  duties  and  powers 
which  shall  be  conferred  upon  the  commissioners 
first  appointed  under  the  provisions  of  this  act, 
and  who  shall  receive  like  compensation.  When 
ever  a  vacancy  occurs  in  the  office  of  highway 
commissioner,  it  shall  be  the  duty  of  the  Governor 

Gen.   Laws— 31. 


3(i2  Highways. 

to  fill  such  vacancy  for  the  unexpired  term,  which 
appointment  shall  be  confirmed  by  the  Senate  at 
its  next  session. 

Sec.  4.  Within  twenty  days  after  receiving  no- 
tice of  appointment,  the  person  or  persons  so  ap- 
pointed shall  file  a  bond  in  the  sum  of  ten  thou- 
sand dollars  ($10,000),  with  at  least  two  sufficient 
sureties  thereon,  for  the  faithful  performance  of 
his  duties,  which  bond  must  be  approved  by  the 
Governor,  and  filed  with  the  Secretary  of  State, 
and  qualify  by  taking  the  oath  of  office  as  pre- 
scribed for  State  officers. 

Sec.  5.  The  three  chief  executive  officers  herein- 
before provided  for  shall  immediately,  upon  quali- 
fying, organize  by  electing  one  of  their  number  as 
president  and  shall  adopt  a  seal  for  the  authentica- 
tion of  its  acts,  records,  and  proceedings. 

Sec.  0.  The  Department  of  Highways  shall  have 
power  to  appoint  a  secretary,  and  a  stenographer, 
who  shall  hold  office  at  the  pleasure  of  the  depart- 
ment. Such  employees  shall  not  be  eligible  for 
such  appointment  unless  they  possess  special  qual- 
ifications for,  and  are  competent  to  perform  the 
duties  devolving  on  them;  and  they  shall  devote 
their  entire  time  to  the  service  of  the  department. 

Sec.  7.  The  office  of  the  Department  of  High- 
ways shall  be  in  the  State  Capitol  building;  and 
the  Secretary  of  State  shall  assign  to  the  depart- 
ment for  its  use,  such  rooms  as  may  be  necessary 
for  its  accommodation.  All  of  the  regular  meet- 
ings of  the  department  shall  be  held  at  such  office. 
The  department  may,  however,  hold  such  special 
meetings  at  such  places  as  the  duties  of  the  de- 
partment, or  the  best  interests  of  the  State,  may 
require. 

Sec.  8.  The  Department  of  Highways  shall  take 
possession,  in  the  name  of  the  State,  as  rapidly  as 
the  funds  provided  therefor  will  permit,  of  all 
roads  which  h'we  been  or  may  be  declared  State 
highways. 


Highways.  363 

Sec.  9.  The  Department  of  Highways  shall  have 
charge  of  all  expenditures  made  by  the  State  for 
highway  purposes,  except  as  otherwise  provided 
by  law;  and  all  moneys  appropriated  for  such  pur- 
pose shall  be  made  payable  upon  proper  order  of 
said  department.  All  claims  and  accounts  which 
may  be  incurred  by  the  Department  of  Highways 
shall,  however,  before  payment,  be  audited  by  the 
Board  of  Examiners. 

Sec.  10.  The  Department  of  Highways  shall 
make  examination  into  existing  highway  condi- 
tions in  the  State  of  California,  and  shall,  further- 
more, make  such  investigations  within  the  State, 
as  will  put  at  the  service  of  the  State  the  most 
approved  methods  of  highway  improvement.  It 
shall  supply,  on  request,  without  charge,  any  in- 
formation relative  to  highways  required  by  any 
county  or  district  official  having  care  of  and  au- 
thority over  highways  within  this  State.  It  shall 
collect  and  collate  data  relating  to  the  geological 
formation  of  the  State  in  so  far  as  it  relates  to 
material  suitable  for  highway  construction,  and 
make  analyses  and  tests  of  such  material  as  it 
may  deem  suitable  for  highway  uses,  with  the 
view  of  determining  the  value  of  the  same  for  such 
purposes.  All  data  so  collected,  together  with  such 
other  matters  of  value  or  interest  to  the  people  of 
the  State,  shall  be  published  in  bulletins,  or  upon 
maps  or  diagrams,  or  in  other  proper  form,  or  in 
the  biennial  report  of  the  department,  as  it  in  its 
discretion  shall  determine.  The  department  shall 
prepare  and  adopt  styles  and  forms  of  books  for 
use  by  officials,  in  which  to  keep  account  of  the 
expenditure  of  highway  money  and  all  other  rec- 
ords or  proceedings  relating  to  highways.  It  shall 
prepare  such  forms  as  may  be  necessary  for  use  in 
connection  with  opening,  abandoning,  altering,  lo- 
cating, constructing,  raaintaiuiug,  obtaining  title 
to,  or  otherwise  relating  to  proposed  State  high- 
ways; and  such  books  and  forms,  when  so  adopted. 


364  Highways. 

shall  be  the  standard  for  use  in  the  State.  Copies 
of  them  shall  be  forwarded  to  the  various  offi- 
cials who  are  charged  with  lieeping  or  using  the 
same,  and  such  officials  shall  immediately  pre- 
pare books  and  forms  after  the  style  shown  by 
such  standard,  and  shall  thereafter  use  them  ex- 
clusively for  the  purposes  for  which  they  are  in- 
tended. It  shall  be  the  duty  of  the  department  to 
adopt  such  general  forms  for  the  surveying  of 
State  highways,  mapping,  and  keeping  of  the 
notes  thereof,  and  the  permanent  marking  of  the 
same  on  the  ground,  as  it  shall  deem  necessary, 
and  shall  issue  instructions  defining  such  general 
forms  and  markings  to  the  person  having  charge 
of  the  making  of  such  surveys;  and  it  shall  there- 
after be  the  duty  of  such  persons  to  follow  the 
methods  prescribed  in  such  instructions.  The  De- 
partment of  Highways,  in  performance  of  its  du- 
ties, shall  have  the  power  to  call  upon  any  State, 
county,  or  district  official  to  furnish  it  with  any 
information  contained  in  his  office  which  relates 
to  or  is  in  any  way  necessary  to  the  proper  per- 
formance of  the  work  of  said  department;  and  it 
is  hereby  made  the  duty  of  such  officials  to  fur- 
nish such  information  without  cost.  The  Attor- 
ney General  of  the  State  shall  be  the  legal  ad- 
viser of  the  Department  of  Highways,  and  said 
Department  of  Highways  shall  call  upon  the  At- 
torney General  of  the  State  for  all  such  legal  ad- 
vice and  services  as  the  discharge  of  its  duties 
may  require. 

Sec.  11.  The  department  shall  prepare  biennial 
reports,  which  shall  be  submitted  to  the  Governor 
at  least  thirty  days  before  each  session  of  the 
Legislature.  Said  report  shall  embrace  the  work 
and  investigations  of  the  department  for  the  pre- 
vious two  years,  together  with  such  recommenda- 
tions for  changes  in  the  law  which  it  may  deem 
advisable,  and  which  the  proper  and  economical, 
maintennnce  of  the  highways  may  demand. 


lligliAYays.  305 

Sec.  12.  It  shall  be  the  duty  of  the  State  Con- 
troller, upon  the  demand  of  the  Department  of 
Highways,  to  transfer  to  it,  for  its  use,  all  of  the 
property,  books,  reports,  and  papers  of  every  de- 
scription ^Yhich  shall  be  transferred  to  him  under 
the  provisions  of  an  act  entitled  "An  Act  to  create 
a  bureau  of  highways,  and  prescribe  its  duties  and 
powers,  and  malie  an  appropriation  for  its  ex- 
penses," approved  March  twenty-seventh,  eighteen 
hundred  and  ninety-five. 

Sec.  13.  It  shall  be  the  duty  of  the  State  Printer 
to  print  such  reports,  bulletins,  or  other  matter, 
and  furnish  any  necessary  illustrations  or  dia- 
grams therefor  as  the  Department  of  Highways 
may  deem  necessary;  all  of  which  shall  first  be 
subject  to  the  approval  of  the  State  Board  of  Ex- 
aminers. 

Sec.   14.    The   Department    of   Highways   shall 
have  the  power  and  authority  to  employ,  when  in 
its  judgment  it  is  deemed  necessary,  such  assist- 
ance of  a  special  character  as  may  be  necessary 
and  proper,  for  the  discharge  of  its  duties.     The 
department  shall  also  have  the  power  to  purchase 
such  supplies,  fixtures,  and  conveniences,  as  may 
be  necessary  in  the  performance  of  its  work.   The 
Commissioners  of  the  Department  of  Highways, 
or  any  employee  thereof,  shall  be  allowed  their 
necessary  traveling  expenses  while  engaged  in  the 
discharge  of  their  duties  within  the  State.    All  of 
the  expenses  mentioned  in  this  section,  except  as 
otherwise  herein  provided,  shall  be  paid  from  the 
appropriation  for  the  contingent  expenses  of  the 
Department  of  Highways.     The  employment  and 
compensation  of  assistants  under  the  provisions  of 
this  section  must  receive  the  approval  of  the  State 
Board  of  Examiners.    The  expense  incurred  in  lo- 
cating and  definitely  surveying  State  highways  in 
a  county  shall  be  paid  from  the  funds  apportioned 
thereto  for  State  highway  purposes. 
Sec.  15.    The  Commissioners  of   Highways   shall 


36G  Highways. 

each  receive  the  sum  of  three  thousand  dollars 
($3,000)  per  aunum;  the  secretary  the  sum  of  fif- 
teen hundred  dollars  ($1,500)  per  annum;  and  the 
stenographer  the  sum  of  twelve  hundred  $1,200) 
per  annum.  Such  salaries  shall  be  paid  at  the 
same  time  and  in  the  same  manner  as  are  the  sal- 
aries of  other  State  officers. 

Sec.  16.  For  the  purposes  of  carrying  out  the 
provisions  of  this  act,  the  sum  of  three  thousand 
dollars  ($3,000)  is  hereby  appropriated  out  of  any 
money  in  the  State  treasury  not  otherwise  appro- 
priated, to  pay  the  salaries  of  the  officers,  and 
employees  and  the  other  expenses  of  said  depart- 
?nent  for  the  remainder  of  the  forty-eighth  fiscal 
year. 

Sec.  17.  All  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

Sec.  IS.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


An  Act  to  provide  for  the  protection  and  preserva- 
tion of  public  highways  from  damage  by  storm 
waters  and  floods,  and  to  authorize  the  ex- 
penditure of  public  moneys  for  the  pui*poses 
thereof. 

[Stat,  approved    April   1,  1897;  Stats.  1897,  chap, 
cclviii.] 

Section  1.  Whenever  it  appears  to  the  Board  of 
Supervisors  that  any  public  road,  in  any  road  dis- 
trict of  the  county,  is  in  danger  of  being  damaged 
by  storm  waters,  or  floods,  or  whenever  any  pub- 
lic highway  has  already  been  damaged  by  storm 
waters,  or  floods,  it  is  hereby  made  the  duty  of 
the  Board  of  Supervisors  to  adopt  such  measures 
as  may  be  necessary  to  prevent  such  damage,  or  to 
repair  the  same;  and  the  Board  of  Supervisors  is 
hereby  authorized  to  construct  flumes,  ditches,  or 
canals,  for  the  purpose  of  carrying  off  such  storm 
waters,  or  floods,  to  a  place  of  safety,  and  may 


Highways.  367 

condemn  tlie  right  of  way  for  such  flumes,  ditches, 
or  canals  for  such  purpose;  provided,  however, 
that  no  more  than  the  sum  of  one  thousand  dollars 
shall  be  used  for  such  purpose  in  any  one  road 
district  of  the  county  in  any  one  year. 

Sec.  2.  All  moneys  used  for  the  purposes  of  this 
act  may  be  talien  from  the  general  road  fund  of 
the  county. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  Act  to  provide  for  the  construction  of  a  state 

highway    or    wagon     road    from     Sacramento 

City  to  Folsom,  in     Sacramento  County,  and 

appropriating    crushed    rocli    and     granite    or 

stone  blocks  for  drains  and  culverts  for  same. 

[Stat,  approved  March  29,  1897;  Stats.  1897,  chap. 

clxxvi.] 

The  object  of  the  act  appears  from  the  title. 

An    Act    relating    to    the    granting    by    counties 
and  municipalities  of  franchises  for  the  con- 
struction of  paths  and  roads  for  the  use  of  bi- 
cycles and  other  horseless  vehicles. 
[Stat,  approved  March  27,  1897;  Stats.  1897,  chap, 
cxxx.] 
Section  1.    The     legislative     or  other    body     to 
whom  is  intrusted  the  government  of  any  county, 
city  and  county,  city,  or  town,  may,  under  such 
regulations,  restrictions,  and  limitations  as  it  may 
provide,  subject  to  existing  laws,  grant  franchises 
for  the  construction  of  paths  and  roads,  either  on 
the  surface,     elevated,     or  depressed,     on,  over, 
across,  or  under  the  streets  and  public  highways 
of  any  such  county,  city  and  county,  city,  or  town, 
for  the  use  of  bicycles,  tricycles,  motor-cycles,  and 
other  like  horseless  vehicles,  propelled  by  the  rider, 
for  a  term  not  exceeding  fifty  years;  provided,  that 
in  incorporated  cities  no  franchise  shall  be  granted 
for  the  purpose  herein  expressed,  unless  the  con- 


368  HighAYays. 

sent  m  writing  of  the  owners  of  a  majority  of  the 
frontage  upon  the  road  or  street,  along  which  said 
path  or  i-oad  is  sought  to  be  constructed,  be  first 
had  and  obtained  and  filed  with  such  legislative 
or  governing  body. 
Sec.  2.    'Chis  act  shall  take  effect  immediately. 

An  Act  TO  regulate  the  widths  of  tires  of  wagons 
to  be  used  on  the  public  highways  of  the  State 
of  California. 

[Stats,  approved  March  20,  1897;  Stats.  1897,  chap, 
cxvii.] 

Section  1.  The  width  of  tires  for  wheels  upon 
wagons  or  other  vehicles  to  be  used  upon  public 
highways  of  the  State  of  California,  shall  be,  for 
the  following  styles  of  wagons,  as  follows:  Two 
and  three-fourths  inch  steel  or  thimble-sliein  axle, 
one  and  seven-eighths  inch  tubular  steel  or  iron 
axle,  not  less  than  three-inch  tire;  one  and  one-half 
inch  steel  or  iron  axle,  two  and  one-eighth  inch 
tubular  or  iron  axle,  not  less  than  three  and 
one-half  inch  tire;  three-inch  steel  or  thimble- 
skein,  one  and  five-eighths  inch  steel  or  iron 
axle,  two  and  three-eighths  inch  tubular  steel 
or  iron  axle,  not  less  than  four-inch  tire;  three 
and  one-fourth  inch  steel  or  thimble-skein,  one 
and  three-fourths  or  one  and  seven-eighths  inch 
steel  or  iron  axle,  two  and  five-eighths  inch 
tubular  steel  or  iron  axle,  not  less  than  four 
and  one-half  inch  tire;  three  and  one-half  inch 
steel  or  thimble-skein,  two-inch  steel  or  iron 
axle,  two  and  seven-eighths  inch  tubular  steel 
or  iron  axle,  not  less  than  five-inch  tire;  three 
and  three-fourths  inch  steel  or  thimble-skein,  two 
and  one-fourtli  steel  or  iron  axle,  three  or  three 
and  one-eighth  inch  tubular  steel  or  iron  axle,  not 
less  than  five  and  one-half  inch  tire;  four-inch  and 
larger,  steel  or  thimble-skein,  two  and  one-half 
inch,  and  larger,  steel  or  iron  axle,  three  and  one- 


Highways— Hogs.  369 

fourth  inch,  and  larger,  tubular  steel  or  iron  axle, 
not  less  than  six-inch  tire.  Other  styles  of  axle 
shall  have  tires  of  same  width  as  those  of  equal 
carrying  capacity  above  specified.  All  intermedi- 
ate sizes  shall  have  tires  of  the  same  width  as  the 
next  larger  size  above  specified. 

Sec.  2.  Every  person  who  sells,  or  purchases,  or 
uses  upon  any  public  highway  of  the  State  of  Cali- 
fornia any  wagon  or  other  vehicle,  the  wheels  of 
which  wagon  or  vehicle  has  tires  of  a  less  width 
than  as  specified  for  such  kind  of  wagon  in  section 
one  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

Sec.  3.  Every  person  who  brings  into  the  State 
of  California,  or  who,  in  said  State,  offers  to  sell 
or  sells  any  such  wagon  or  vehicle  which  has  not 
tires  of  the  width  prescribed  by  section  one  of  this 
act,  shall  be  guilty  of  a  misdemeanor. 

Sec.  4.  Any  person  found  guilty  of  a  violation 
of  any  of  the  provisions  of  this  act  shall  be  fined 
in  the  penal  sum  of  not  less  than  twenty-five  dol- 
lars ($25)  nor  more  than  five  hundred  dollars  ($500) 
or  to  be  imprisoned  in  the  county  jail  not  less  than 
twenty -five  (25)  days  nor  more  than  six  months. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force 
after  January  first,  nineteen  hundred. 

An  act  to  appropriate  money  for  the  purchase  of 

certain  roads— Yosemite.     Stats.  1889,  142. 

An  act  to  provide  for  the  construction  of  a  free 
wagon  road  from  the  Mono  lake  basin  to  con- 
nect with  a  road  called  ''Tioga  Road,"  at  or 
near  the  ''Tioga  Mine."    Stats.  1899,  ch.  XXYI. 


TITLE  113. 
HOGS. 

The  acts  concerning  hogs  found  running  at  large 
seem  to  be     continued  in  force  by  the  Political 


370  Home  of  Adult  Blind. 

Code,  sec.  19,  subd.  23.  They  are,  in  one  sense, 
laws  in  relation  to  estrays  or  trespassing  animals, 
and  should  be  read  in  connection  with  the  laws  on 
those  subjects.  It  may  be  observed,  however,  that 
if  it  was  the  intention  to  continue  enactments, 
which  lil^-e  these  involve  penalties  and  forfeitures, 
the  declaration  to  that  effect  ought  to  be  plainer. 

A  reference  to  these  acts  will  be  found  in  Deer- 
ing's  Annotated  Penal  Code,  p.  582,  et  seq. 


HOME     FOR    FEEBLE-MINDED    CHILDREN. 
See  Feeble-Minded  Children. 

TITLE  114. 
HOME  OF  ADULT  BLIND. 

Consult  the  following  acts: 

An  act  appropriating  forty  thousand  dollars  for 
the  purpose  of  the  establishment  and  manage- 
ment of  the  Industrial  Home  of  Mechanical 
Trades  for  the  Adult  Blind  of  the  State  of  Cal- 
ifornia. 

[Approved  March  5,  1885;  1885,  198.] 

An  act  appropriating  the  sum  of  twenty-eight 
thousand  five  hundred  dollars,  for  the  purpose 
of  purchasing  suitable  property  for  the  location 
of  the  industrial  home  of  mechanical  trades  for 
the  adult  blind  of  California. 

[Approved  March  17,  1887;  1887,  175.] 

An  act  establishing  an  industrial  home  of  me- 
chanical trades  for  the  adult  blind  of  the  state 
of  California,  creating  a  board  of  directors  for 
the  government  thereof,  and  appropriating  the 
sum  of  sixty-five  thousand  dollars  for  the  sup- 
port of  said  home. 

[Approved  March  17,  1887;  1887, 160.] 


Homesteads.  371 

This  act  was  amended    March    14,   1889,   Stats. 
1889,  p.  147. 

See  the  former  act  on  this    subject    approved 
March  5,  1885;  Stats.  1885,  p.  198. 

An  act  to  appropriate  the  money  now  in  the  treas- 
ury of  the  state  of  California,  known  as  the 
adult  blind  fund,  unavailable. 
[Approved  March  14,   1889;   1889,   152.] 


An  act  appropriating  the  sum  of  ten  thousand 
dollars  to  erect  a  brick  building,  to  be  used  as 
a  dormitory  for  the  "adult  blind"  inmates  at 
the  home  for  the  adult  blind. 

[Approved  March  21,  1887;  1887,  234.] 


TITLE  115. 

HOME  OF  THE  INEBRIATE. 

The  Political  Code,  sec.  19,  expressly  continued 
in  force  the  following  act  in  relation  to  the  home 
of  the  inebriate  in  San  Francisco. 

An  act  relating  to  the  home  of  the  inebriates  of 
San  Francisco,  and  to  prescribe  the  powers 
and  duties  of  the  board  of  managers  and  the 
officers  thereof. 

[Approved  April  1,  1870;  1869-70,  585.] 

This  act  and  acts  of  May  2,  1862  and  April  17, 
1876,  relating  to  the  same  subject  were  repealed 
by  the  act  of  March  26,  1895,  Stats.  1895,  p.  76;  see 
also  March  27,  1895,  Stats.  1895,  p.  201. 


TITLE  116. 

HOMESTEADS. 

Acts  relating  to,  see  Civil  Code,  Appendix,  title. 
Homesteads,  p.  771  et  seq. 


372  Homing  Pigeons— Hops. 

TITLE  117. 
HOMING     PIGEONS. 

An  act  for  the  protection  of  the  Antwerp  messen- 
ger, or  homing  pigeon. 

[Stat,  approved  February  26,    1897;    Stats.    1897, 
chap,  xxxix.] 

The  people  of  the  state  of  California,  represented 
in  Senate  and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person, 
other  than  the  owner  thereof,  to  shoot,  malm,  or 
kill  any  Antwerp  messenger,  or  homing  pigeon, 
either  in  flight  or  at  rest. 

Sec.  2.  It  shall  be  unlawful  for  any  person, 
other  than  the  owner  thereof,  to  shoot,  maim, 
or  detain  any  Antwerp  messenger,  or  homing 
pigeon. 

Sec.  3.  Any  person  who  shall  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  for 
every  such  offense,  shall  be  punished  by  a  fine  of 
not  less  than  ten  (10)  or  more  than  twenty-five  (25) 
dollars,  or  by  imprisonment  in  the  county  jail  for 
a  term  not  exceeding  fifty  (50)  days. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


TITLE  118. 
HOPS. 

An  act  fixing  the  rate  of  tare  on  baled  hops. 
[Approved  March  31,  1891;  Stats.  1891,  p.  452.] 

Section  1.  There  shall  be  allowed  on  baled  hops 
a  tare  at  the  rate  of  two  per  centum  of  the  weight 
of  the  bale  for  the  cloth  and  other  material  used 
in  baling;  tliat  is,  the  tare  shall  be  at  the  rate 
of  two  pounds  per  hundred  on  the  weight  of  the 
bale. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Horticulture.  373 

TITLE  119. 

HORTICULTURE. 

See  Agriculture;  Forestry;  Viticulture. 

An  act  to  create  and  establish  a  state  board  of 
horticulture,  and  appropriate  money  for  the  ex- 
penses thereof. 

[Approved  March  13,  1883;  1883,  289.] 

Board  of  horticulture — Districts. 

Section  1.  There  shall  be  a  state  board  of  hor- 
ticulture, consisting  of  nine  members,  who  shall 
be  appointed  by  the  governor;  two  from  the  state 
at  large,  and  one  from  each  of  the  seven  horti- 
cultural districts,  which  are  hereby  constituted  as 
follows: 

1.  The  Sonoma  district,  which  shall  include  the 
counties  of  Sonoma,  Marin,  Lal^e,  Mendocino, 
Humboldt,  Del  Norte,  Trinity,  and  Sisls:iyou. 

2.  The  Napa  district,  which  shall  include  the 
counties  of  Napa,  Solano,  and  Contra  Costa. 

3.  The  San  Francisco  district,  which  shall  in- 
clude the  city  and  county  of  San  Francisco,  and 
the  counties  of  San  Mateo,  Alameda,  Santa  Clara, 
Santa  Cruz,  San  Benito,  and  Monterey. 

4.  The  Los  Angeles  district,  which  shall  include 
the  counties  of  Los  Angeles,  Ventura,  Santa  Bar- 
bara, San  Luis  Obispo,  San  Bernardino,  and  San 
Diego. 

o.  The  Sacramento  district,  which  shall  include 
the  counties  of  Sacramento,  Yolo,  Sutter,  Colusa, 
Butte,  Tehama,  and  Shasta. 

6.  The  San  Joaquin  district,  which  shall  include 
the  counties  of  San  Joaquin,  Stanislaus,  Merced, 
Fresno,  Tulare,  and  Kern. 

7.  The  El  Dorado  district,  which  shall  include 
the  counties  of  El  Dorado,  Amador,  Calaveras, 
Tuolumne,  Mariposa,  Placer,  Nevada,  Yuba,  Si- 
erra, Plumas,  Lassen,  Modoc,  Alpine,  Mono  and 
Inyo. 

Members. 

Sec.  2.    The  members  appointed  from  each  dis- 
trict shall  be  residents  of  the  district  from  which 
they  are  appointed,  and  shall  be  specially  qualified 
Gen.  Laws— 32. 


374  Horticulture. 

by  practical  experience  and  study  in  connection 
with  the  industries  dependent  upon  horticulture, 
They  shall  each  hold  office  for  the  term  of  four 
years,  except  that  of  the  nine  first  appointed,  four, 
to  be  determined  by  lot,  shall  retire  at  the  end  of 
two  years,  when  their  successors  shall  be  ap- 
pointed by  the  governor. 
Oflicers. 

Sec.  3.  The  board  shall  biennially  elect  a  presi- 
dent, a  vice-president,  a  chairman  of  the  finance 
committee,  and  appoint  from  without  their  own 
number  a  secrets ry,  who  shall  be  ex-officio  horti- 
cultural otficer;  and  elect  of  their  own  number  a 
treasurer,  who  shall  give  a  bond  to  the  state,  with 
sureties  approved  by  the  board,  in  the  sum  of  ten 
thousand  dollars,  for  the  faithful  discharge  of  his 
duties.  [Amendment  approved  March  7,  1889; 
Stats.  1889,  p.  89.  In  effect  immediately.] 
Powers  and  duties. 

Sec.  4.  The  board  may  receive,  manage,  use, 
and  hold  donations  and  bequests  for  promoting 
the  objects  of  its  formation.  It  shall  meet  semi- 
annually, and  as  much  oftener,  and  at  such  places, 
as  it  may  deem  expedient,  to  consult  and  adopt 
such  measures  as  may  best  promote  the  horticul- 
tural industries  of  the  state.  It  may,  but  without 
expense  to  thQ  state,  select  and  appoint  competent 
and  qualified  persons  to  lecture  in  each  of  the  hor- 
ticultural districts  named  in  section  one  of  this 
act,  for  the  purpose  of  illustrating  practical  hor- 
ticultural topics,  and  imparting  instruction  in  the 
methods  of  culture,  pruning,  fertilizing,  and  also 
in  the  best  methods  of  treating  the  diseases  of 
fruit  and  fruit-trees,  cleansing  orchards,  and  ex- 
terminating insect  pests.  The  offiice  of  the  board 
shall  be  kept  open  to  the  public,  subject  to  the 
rules  of  the  board,  every  day,  excepting  legal  holi- 
days, and  shall  be  in  charge  of  the  secretary  dur- 
ing the  absence  of  the  board. 
Disinfection  of  packages. 

Sec.  5.  For  the  purpose  of  preventing  the 
spread  of  contagious  disease  among  fruit  and 
fruit-trees,  and  '  for  the  prevention,  treatment, 
cure,  and  extirpation  of  fruit  pests  and  the  dis- 
eases of  fruit  and  fruit-trees,  and  for  the  disinfec- 


Horticulture.  375 

tion  of  grafts,  scions,  orchard  debris,  empty  fruit 
boxes,  and  packages,  and  other  suspected  material 
or  transportable  articles,  dangerous  to  orchards, 
fruit,  and  fruit-trees,  said  board  shall  make  regu- 
lations for  the  inspection  and  disinfection  thereof, 
which  said  regulations  shall  be  circulated  in 
printed  form  by  the  board  among  the  fruit  grow- 
ers and  fruit  dealers  of  the  state  shall  be  pub- 
lished at  least  twenty  days  in  two  daily  newspa- 
pers of  general  circulation  in  the  state  not  of  the 
same  city  or  county,  and  shall  be  posted  in  three 
conspicuous  places  in  each  county  in  the  state, 
one  of  which  shall  be  at  the  county  courthouse, 
thereof.  Such  regulations  when  so  posted  shall 
be  held  to  impart  notice  of  their  contents  to  all 
persons  within  the  state,  and  shall  be  binding  up- 
on all  persons. 

Appointment  of  clerk  of  the  publishing  and  quar- 
antine bureau. 

Sec.  6.  Said  board  shall  appoint  from  without 
their  number  a  competent  person,  especially  quali- 
fied for  the  duties  of  his  office,  who  shall  be 
known  as  clerk  of  the  publishing  and  quarantine 
bureau  of  the  state  board  of  horticulture  (to  hold 
office  at  the  pleasure  of  the  board),  who  shall  be 
qualified,  by  experience  and  education  as  a  com- 
piler, to  correct  reports  and  essays,  to  present  in 
a  logical  order  all  the  information  to  be  published, 
and  shall  give  his  whole  time  in  such  work,  and 
such  other  duties  as  may  be  required  of  him  by 
the  board  and  by  reason  of  his  official  position, 
and  shall  have  power  to  enforce  all  rules  and  regu- 
lations regarding  the  spread  of  insect  pests,  quar- 
antining districts  or  nurseries  found  to  be  infected. 
He  shall  be  paid  for  his  services  as  clerk  of  the 
publishing  and  quarantine  bureau  of  the  state 
board  of  horticulture  one  hundred  and  seventy-five 
dollars  per  month,  to  be  paid  as  other  state  offi- 
cers. [Amendment  approved  March  7,  1889;  Stats. 
1889,  p.  89.  In  effect  immediately.] 
Appointment  of  quarantine  guardians. 

Sec.  7.  The  said  board,  and  in  case  of  neces- 
sity during  the  recess  of  the  board,  the  said  clerk 
of  the  publishing  and  quarantine  bureau,  may  ap- 
point such  quarantine  guardians  as  may  be  needed 


376  Horticulture. 

to  carry  out  the  provisions  of  this  act,  whose  duties 
it  shall  be  to  see  that  the  regulations  of  the  board, 
aud  the  instructions  of  the  clerk  of  the  publishing 
and  quarantine  bureau,  are  enforced  and  carried 
out;  said  clerk  may  appoint,  in  case  of  emergency, 
a  deputy,  who  shall  have  the  same  power  as  his 
own,  whose  salary  shall  not  exceed  three  dollars 
per  day  for  each  day's  services  performed,  said 
services  to  be  paid  for  by  the  state  board  of  horti- 
culture. The  said  quarantine  guardians  shall  re- 
port to  said  clerk,  or  to  the  state  board,  all  infrac- 
tions or  violations  of  said  directions,  regulations 
and  of  the  law  in  regard  to  quarantine,  disinfec- 
tion, and  destruction  of  insect  and  other  pests  in- 
jurious to  fruit,  fruit-trees,  or  vines,  and  precau- 
tions against  the  spreading  of  all  the  aforesaid 
named  pests  and  diseases.  The  salary  of  quaran- 
tine guardian  shall  not  exceed  three  dollars  per 
day,  and  shall  be  paid  by  the  owners  of  orchards 
and  other  places  and  localities  under  quarantine 
regulations;  and  they  may  maintain  an  action 
therefor  before  any  justice  of  the  peace  in  aily 
township  in  which  any  quarantine  locality  is 
wholly  or  in  part  situated,  but  in  no  case  shall 
they  have  any  claim  upon  the  state  for  such  ser- 
vices, r  Amendment  approved  March  7,  1889; 
Stats.  1889,  p.  89.    In  effect  immediately.] 

Secretary,  duties  of. 

Sec.  8.  It  shall  be  the  duty  of  the  secretary  to 
attend  all  meetings  of  the  board  and  of  the  ex- 
ecutive committee,  and  to  preserve  records  of  its 
proceedings  and  correspondence;  to  collect  books, 
pamphlets,  and  periodicals,  and  other  documents 
containing  information  relating  to  horticulture, 
and  to  preserve  the  same;  to  collect  statistics  and 
other  information  showing  the  actual  condition 
and  progress  of  horticulture  in  this  state  and  else- 
where; to  correspond  with  agricultural  and  horti- 
cultural societies,  colleges,  and  school  of  agricul- 
ture and  horticulture,  and  other  persons  and 
bodies,  as  he  may  be  directed  by  the  board;  and 
prepare,  as  required  by  the  board,  reports  for  pub- 
lication. He  shall  appoint,  subject  to  the  ap- 
proval of  the  board,  a  competent  person  as  clerk, 
and  he  shall  be  held  responsible  for  the  acts  of 


Horticulture.  377 

said  clerk.  He  shall  be  paid  for  his  services  as 
such  secretary  and  ex-officio  horticultural  officer 
a  salary  of  one  hundred  and  seventy-five  dollars 
per  month.  His  clerk  shall  be  paid  a  salary  (as 
such  clerk)  of  fifty  dollars  per  month,  each  to  be 
paid  as  other  state  officers.  [Amendment  approved 
March  7,  1889:  Stats.  1889,  p.  89.  In  efeect  imme- 
diately.] 
Compensation. 

Sec.  9.    Repealed  March  7,  1889;  Stats.  1889,  p. 
89.    In  effect  immediately. 
Reports. 

Sec.  1«J.  The  board  shall  biennially,  in  the 
month  of  January,  report  to  the  legislature  a 
statement  of  its  doings,  with  a  copy  of  the  treas- 
urer's accounts  for  the  two  years  preceding  the 
session  thereof,  and  abstracts  of  the  reports  of  the 
inspector  of  fruit  pests  and  secretary.  Said  report 
shall  not  exceed  one  hundred  printed  pages. 
Duty  of  treasurer. 

Sec.  11.  The  treasurer  shall  receive  all  moneys 
belonging  to  the  board,  and  pay  out  the  same  only 
for  bills  appi'oved  by  the  chairman  of  the  finance 
committee,  and  shall,  annually,  render  a  detailed 
account  to  the  board. 

Section  11  of  this  act  was  amended  to  read  as 
above  by  an  act  approved  February  18,  1885,  to 
take  effect  immediately. 
Appropriation. 

Sec.  12.  There  is  hereby  appropriated  for  the 
use  of  the  state  board  of  horticulture,  as  set  forth 
in  this  act,  out  of  any  moneys  in  the  state  treas- 
ury not  otherwise  appropriated,  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and 
eighty-nine,  the  sum  of  one  thousand  dollars,  and 
the  state  controller  shall  draw  his  warrants  upon 
the  state  treasurer  in  favor  of  the  treasurer  of 
said  board  for  the  same,  upon  proper  demand. 
[Amendment  approved  March  7,  1889;  Stats.  1889, 
p.  89. 
In  effect  immediately.] 

Sec.  1.3.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  and  all  acts  or 
parts  of  acts  inconsistent  or  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 


3TS  Horticulture. 

Executive  committee. 

Sec.  14.  Tlie  president  (and  in  bis  absence  tbe 
vice-president)  and  tbe  two  commissioners  for  tbe 
state  at  large  sball  constitute  tbe  executive  com- 
mittee; said  committee  sball  bave  cbarge  of  tbe 
management  of  tbe  affairs  of  tbe  board  wbile  tbe 
board  is  not  in  session.  Tbe  members  of  said 
committee  sball  receive  tbeir  actual  traveling  ex- 
penses in  attending  quarterly  meetings  of  tbe  ex- 
ecutive committee.  Tbe  otber  members  of  tbe 
board  sball  receive  tbeir  actual  traveling  expenses 
(only)  in  attending  semi-annual  meetings  of  tbe 
board.  [New  section  approved  Marcb  7,  1889; 
Stats.  1S89,  p.  89.  In  effect  immediately.] 
Vacancies. 

Sec.  15.  Vacancies  occurring  in  any  office  sball 
be  filled  bj'  appointment  made  by  tbe  president  of 
tbe  board,  witb  tbe  consent  of  tbe  executive  com- 
mittee, until  tbe  next  meeting  of  tbe  board.  [New 
section  approved  Marcb  7,  1889;  Stats.  1889,  p.  89. 
In  effect  immediately.] 
To  publisb  reports. 

Sec.  IG.    Said  board  sball    malie     and     publisb 
tbeir  reports   annually.     [New    section    approved 
Marcb  7,  1889;  Stats.  1889,  p.  89.    In  effect  imme- 
diately.] 
County  boards. 

Sec.  17.  It  sball  be  tbe  duty  of  tbe  county 
boards  of  borti culture  to  make  quarterly  reports 
in  writing  to  tbe  state  board  of  tbe  condition  of 
fruit  interests  in  tbeir  several  districts,  wbat  is 
being  done  to  eradicate  insect  pests,  also  as  to  dis- 
infecting, and  as  to  quarantine  against  new  in- 
sects, and  as  to  carrying  out  of  all  laws  relative 
to  tbe  greatest  good  of  tbe  fruit  interest.  Said 
board  sball  publisb  said  reports  in  bulletin  form, 
or  may  incorporate  so  mucb  of  tbe  same  in  tbeir 
annual  reports  as  may  be  of  general  mterest. 
[New  section  approved  Marcb  7,  1889;  Stats.  1889, 
p.  89.  In  effect  immediately.] 
Expenditures,  how  determined. 

Sec.  18.  Tbe  expenditures  necessary  to  be  made 
in  experiments  in  tbe  different  districts  shall  be 
determined  by  tbe  board.  On  application  of  one 
or  more  of  tbe  fruit  growers  in  such  districts,  the 


Horticulture.  379 

said  board  sliall  select  such  person  or  persons  to 
make  sucli  experiments,  and  pay  the  expenses 
thereof.  The  sum  of  not  exceeding  one  thousand 
dollars  for  traveling  expenses  shall  be  allowed 
when  the  board  or  the  executive  committee  shall 
deem  it  necessary  to  send  either  the  clerk  of  bu- 
reau or  secretary  to  direct  and  supervise  such  ex- 
periments; provided,  that  not  more  than  one  thou- 
sand dollars  shall  be  expended  in  any  one  year  for 
such  traveling  expenses.  [New  section  approved 
March  7,  1889;  Stats.  1880,  p.  89.  In  effect  imme- 
diately.] 

An  act  to  promote  the  horticultural  interests  of 
the  state  by  providing  county  boards  of  horti- 
culture, and  repealing  the  act  entitled  "An  act 
to  protect  and  promote  the  horticultural  inter- 
ests of  the  state,"  approved  March  14,  1881, 
and  certain  acts  amendatory  thereof,  approved 
March  19,  1889,  and  March  31,  1891. 

[Stat,  approved  March  31,  1897;  Stats,  1897,  chap, 
clxxxiii.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  a  petition  is  presented  to 
the  board  of  supervisors  of  any  county,  and  signed 
by  twenty-five  or  more  persons,  each  of  whom  is 
a  resident  freeholder  and  possessor  of  an  orchard, 
stating  that  certain  or  all  orchards,  or  nurseries, 
or  trees  of  any  variety  are  infested  with  scale  in- 
sects of  any  kind,  injurious  to  fruit,  fruit-trees, 
and  vines,  codlin  moth,  or  other  insects  that  are 
destructive  to  trees,  and  praying  that  a  commis- 
sion be  appointed  by  them,  whose  duty  it  shall  be 
to  supervise  the  destruction  of  said  scale  insects, 
as  herein  provided,  the  board  of  supervisors  shall, 
within  twenty  days  thereafter,  appoint  a  board  of 
horticultural  commissioners,  consisting  of,  three 
members,  who  shall  be  qualified  for  the  duties  of 
horticultural  commissioner.  Upon  the  petition  of 
twenty-five  resident  freeholders  and  possessors  of 
an  orchard,  the  board  of  supervisors  may  remove 
any  of  said  commissioners  for  cause,  after  a  hear- 
ing of  the  petition. 


380  Horticulture. 

Sec.  2.  It  shall  be  the  duty  of  the  county  board 
of  horticultural  commissiouers  in  each  county, 
whenever  it  shall  deem  it  necessary,  to  cause  an 
inspection  to  be  made  of  any  orchards,  or  nursery, 
or  trees,  plants,  vegetables,  vines,  or  fruits,  or  any 
fruit  packing-house,  storeroom,  salesroom,  or  any 
other  place  or  articles  in  their  jurisdiction,  and  if 
found  infested  with  scale  insects,  or  codlin  moth, 
or  other  pests  injurious  to  fruit,  plants,  vegetables, 
trees,  or  vines,  or  with  their  eggs,  or  larvae,  they 
shall  notify  the  owner  or  owners,  or  person  or  per- 
sons in  charge,  or  in  possession  of  the  said  places, 
or  orchards,  or  nurseries,  or  trees,  or  plants,  vege- 
tables, vines,  or  fruit,  or  articles  as  aforesaid, 
that  the  same  are  infested  with  said  insects,  or 
other  pests,  or  any  of  them,  or  their  eggs  or  lar- 
vae, and  they  shall  require  such  person  or  per- 
sons, to  eradicate  or  destroy  the  said  insects,  or 
other  pests,  or  their  eggs  or  larvae  within  a  cer- 
tain time  to  be  specified.  Said  notices  may  be 
served  upon  the  person  or  persons,  or  either  of 
them  owning  or  having  charge,  or  having  posses- 
sion of  such  infested  place,  or  orchard,  or  nursery, 
or  trees,  plants,  vegetables,  vines,  or  fruit,  or  ar- 
ticles, as  aforesaid,  by  any  commissioner,  or  by 
any  person  deputed  by  the  said  commissioners  for 
that  purpose,  or  they  may  be  served  in  the  same 
manner  as  a  summons  in  a  civil  action.  Any  and 
all  such  places,  or  orchards,  or  nurseries,  or  trees, 
plants,  shrubs,  vegetables,  vines,  fruit,  or  articles 
thus  infested,  are  hereby  adjudged  and  declared 
to  be  a  public  nuisance;  and  whenever  any  such 
nuisance  shall  exist  at  any  place  within  their 
jurisdiction,  or  on  the  property  of  any  non-resi- 
dent, or  on  any  propert.v  the  owner  or  owners  of 
which  cannot  be  found  by  the  county  board  of 
horticultural  commissioners,  after  diligent  search, 
within  the  county,  or  on  the  property  of  any 
owner  or  owners  upon  which  notice  aforesaid  has 
been  served,  and  who  shall  refuse  or  neglect  to 
abate  the  same  within  the  time  specified,  it  shall 
be  the  duty  of  the  county  board  of  horticultural 
commissioners  to  cause  said  nuisance  to  be  at 
once  abated,  by  eradicating  or  destroying  said  in- 
sects, or  other  pests,  or  their  eggs,  or  larvae.  The 
expense  thereof  shall  be  a  county  charge,  and  the 


Horticulture.  381 

board  of  supervisors  shall  allow  and  pay  the  same 
out  of  the  general  fund  of  the  county.  Any  and 
all  sum  or  sums  so  paid  shall  be  and  become  a  lien 
on  the  property  and  premises  from  which  said  nui- 
sance has  been  removed  or  abated,  in  pursuance 
such  lien  shall  be  filed  and  recorded  in  the  ofB^ce 
of  this  act,  and  may  be  recovered  by  an  action 
against  such  property  and  premises.  A  notice  of 
of  the  county  recorder  of  the  county  in  which 
the  said  property  and  premises  are  situated,  with- 
in thirty  days  after  the  right  to  the  said  lieu  has 
accrued.  An  action  to  foreclose  such  lien  shall  be 
commenced  within  ninety  days  after  the  filing  and 
recording  of  said  notice  of  lien,  which  action  slmll 
be  brought  in  the  proper  court  by  the  district 
attorney  of  the  county  in  the  name  and  for  the 
benefit  of  the  county  mailing  such  paymeut  or 
payments,  and  when  the  property,  is  sold  enough 
of  the  proceeds  shall  be  paid  into  the  county 
treasury  of  such  county  to  satisfy  the  lien  and 
costs;  and  tlie  overplus,  if  any  there  be,  shall  be 
paid  to  the  owner  of  the  property  if  he  be  known, 
and  if  not,  into  the  court  for  his  use  when  ascer- 
tained. The  county  board  of  horticultural  com- 
missioners is  hereby  vested  with  the  power  to 
cause  any  and  all  such  nuisances  to  be  at  once 
abated  in  a  summary  manner. 

Sec.  3.  Said  county  boards  of  horticultural  com- 
missioners shall  have  power  to  divide  the  county 
into  districts,  and  to  appoint  a  local  inspector,  to 
hold  office  at  the  pleasure  of  the  commissioners, 
for  each  of  said  districts.  The  state  board  of  hor- 
ticulture may  issue  commissions  as  quarantine 
guardians  to  the  members  of  said  county  board  of 
horticultural  commissioners  and  to  the  local  in- 
spectors thereof.  The  said  quarantine  guardians, 
local  inspectors,  or  members  of  said  county  boards 
of  horticultural  commissioners,  shall  have  full  au- 
thority to  enter  into  any  orchard,  nursery,  place 
or  places  where  trees  or  plants  are  liept  and  of- 
fered for  sale  or  otherwise,  or  any  house,  store- 
room, salesroom,  depot,  or  any  other  such  place  in 
their  jurisdiction  to  inspect  the  same,  or  any 
part  thereof. 


382  Horticulture. 

Sec.  4.  It  shall  be  the  duty  of  said  county 
board  of  horticultural  commissioners  to  keep  a 
record  of  their  official  doings,  and  to  mal^e  a  re- 
port to  the  state  board  of  horticulture,  on  or  be- 
fore the  first  day  of  October  of  each  year,  of  the 
condition  of  the  fruit  interests  in  their  several  dis- 
tricts, what  is  being  done  to  eradicate  insect 
pests,  also  as  to  disinfecting,  and  as  to  quarantine 
against  insect  pests  and  diseases,  and  as  to  carry- 
ing out  all  laws  relative  to  the  greatest  good  of  the 
fruit  interest.  Said  board  may  publish  said  re- 
ports in  bulletin  form,  or  may  incorporate  so  much 
of  the  same  in  their  annual  reports  as  may  be  of 
general  interest. 

Sec.  5.  The  salary  of  all  inspectors  working  un- 
der the  county  board  of  horticultural  commission- 
ers shall  be  two  dollars  and  fifty  cents  ($2.50)  per 
day.  In  the  case  of  the  commissioners  them- 
selves, their  compensation  shall  be  four  dollars 
per  day,  when  actually  engaged  in  the  perform- 
ance of  their  duties,  and  itemized  necessary  trav- 
eling expenses  incurred  in  the  discharge  of  their 
regular  duties  as  prescribed  in  this  act. 

Sec.  6.  It  shall  be  the  duty  of  the  county  board 
of  horticultural  commissioners  to  keep  a  record  of 
their  official  doings  and  make  a  monthly  report  to 
the  board  of  supervisors:  and  the  board  of  super- 
visors may  withhold  warrants  for  salaries  of  said 
members  and  inspectors  thereof  until  such  time  as 
said  report  is  made. 

Sec.  7.  An  act  entitled  "An  act  to  protect  and 
promote  the  horticultural  interests  of  the  state," 
approved  March  fourteenth,  eignteen  hundred  and 
eighty-one.  and  certain  acts  amendatory  thereof, 
approved  March  nineteenth,  eighteen  hundred  and 
eighty-nine,  and  March  thirty-first,  eighteen  hun- 
dred and  ninety-one,  are  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  for  the  protection  of  liorticulture,  and  to 
prevent  the  introduction  into  tliis  state  of  in- 
sects, etc.     Stats.  181)1):  eh.  LXXVI. 


Hospitals— Humboldt  Bay.  383 

TITLE  120. 
HOSPITALS. 

An  act  conferring-  power     upon     the     governing 
body  of  municipal  corporations     of    the     first 
class  to  provide  for  the  erection  of  a  municipal 
hospital,  and  to  levy  a  tax  therefor. 
[Stat,  approved     February  16,  1897;     Stats.  1897, 
chap,  xiii.] 
Consult  Statutes  of  1897  for  act. 

TITLE  121 

HOUSE       OF     CORRECTION. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title. 
House  of  Correction,  p.  566. 


TITLE  122. 
HUMBOLDT     BAY. 

Consult  the  following  acts: 

An  act  to  grant  to  the  United  States  certain  tide- 
lands  belonging  to  the  state  of  California,  for 
the  purpose  of  improving  the  harbor  of  Hum- 
boldt bay. 

[Approved  March  9,  1887;  1887,  59.] 


An  act  to  grant  to  the  United  States  certain  tide- 
lands  belonging  to  the  state  of  California,  for 
the  purpose  of  improving  the  harbor  of  Hum- 
boldt bay. 

[Approved  March  15,  1889;  1889,  201.] 

An  act  authorizing  purchase  of  certain  lands  in 
Humboldt  bay.    Stats.  1899,  ch.  CXXXI. 


384  Humboldt  County— Indians. 

TITLE  123. 

HUMBOLDT    COUNTY. 

A  reference  to  local  acts  relating  to  Humboldt 
county  is  contamed  in  Deering's  Annotated  Penal 
Code,  pp.  593-595. 


TITLE  124. 

HUNTING  ON  PRIVATE  GROUNDS. 

A  reference  to  acts  relating  to  hunting  is  con- 
tained in  Deering's  Annotated  Penal  Code,  pp. 
595  and  596. 


TITLE  125. 
HUSBANDRY. 

An  Act  providing  for  the  appointment  of  a  com- 
mission to  malie  arrangements  for  the  proper 
reception  of  the  national  grange  of  the  patrons 
of  husbandry,  and  appropriating  money  to  de- 
fray the  expenses  thereof. 

[Approved  March  6,  1889;  1889,  68.] 
The  purpose  of  the  act  appears  from  the  title. 


TITLE  126. 

INDIANS. 

An  act  for  the  government  and  protection  of  In- 
dians, passed  April  22,  1850,  408,  with  its  amend- 
ments, will  be  found  in  the  General  Laws,"  sees. 
3650  et  seq.  Witliout  further  legislation,  or  an  ad- 
judication by  the  supreme  court,  it  will  be  diffi 
cult  to  determine  how  much,  if  any,  of  it  is  in 
force.  It  is  deemed  sufficient  in  this  place  to  thus 
call  attention  to  the  subject. 


Indigent  Sick— Infancy.  385 

Consult  also  the  following: 

An  Act  to  provide  for  the  auditing  and  examina- 
tion of  the  claims  against  the  State,  of  sol- 
diers who  served  in  the  Indian  wars  in  Califor- 
nia, during  the  years  from  1847  to  1857,  to  au- 
thorize the  Adjutant-General  to  appoint  a  clerk 
for  that  purpose,  and  making  an  appropriation 
for  his  salary. 

[Stat,  approved  March  31,  1897.  Stats.  1897,  chap, 
clxxxvii.] 


TITLE  127. 

INDIGENT  SICK  AND  INFIRMARIES. 

A  reference  to  the  acts  bearing  on  this  subject 
is  contained  in  Deering's  Annotated  Penal  Code, 
pp.  598,  599. 

INDUSTRIAL  HOME  OF  ADULT  BLIND. 

See  Home  of  Adult  Blind. 


TITLE  128. 

INFANCY. 

Acts  relating  to,  see  Civil  Code,  Appendix,  title 
Infancy,  p.  775  et  seq;  Penal  Code,  Appendix,  title 
Infancy,  p.  570. 

Gen  Laws— 33. 


38G  Insaue. 


TITLE  129. 
INSANE. 

1.  Generallj\ 

2.  Stockton  Asylum. 

3.  Napa  Asylum. 

4.  Southern  California. 

5.  Mendocino. 

6.  Agnews. 

1.    Generally. 

An  act  to  prevent  the  overcrowding  of  asylums 
for  the  insane. 

[Approved  March  9,  1885;  Stats.  1885,  p.  35.] 

Discharge  of  those  improperly  committed. 

Section  1.  No  case  of  idiocy,  imbecility,  harm- 
less chronic  mental  unsoundness,  or  acute  mania- 
a-potu,  heretofore  or  hereafter  committed  to  either 
of  the  state  asylums  for  the  insane,  whenever,  in 
the  opinion  of  the  resident  physician  of  any  state 
asylum  for  the  insane  at  Napa,  after  a  careful 
examination  of  the  case  of  any  person  committed 
to  the  asylum  of  which  he  is  the  chief  executive 
officer,  it  shall  satisfactorily  appear  that  such  per- 
son has  been  improperly  committed,  and  comes 
under  the  rule  of  exemptions  provided  for  in  this 
act,  he  shall  liave  the  authority,  and  it  shall  be 
his  duty,  to  discharge  such  person  so  improperly 
committed,  and  return  him  or  her  to  the  county 
from  which  committed  at  the  expense  of  such 
county;  and  no  person  having  been  so  discharged 
shall  be  again  committed  to  either  of  the  said 
asylums,  unless  permission  for  such  commitment 
be  first  obtained  from  the  resident  physician  or 
medical  superintendent  thereof;  and  in  case  a  per-* 
son  so  discharged  shall  be  again  committed  with- 
out such  permission,  the  resident  physician  or 
medical  superintendent  shall  refuse  to  receive  such 
person,  and  shall  not  permit  such  person  to  be  re- 
ceived into  the  asylum  under  such  commitment. 

Sec.  2.    All  acts  and  parts  of    acts     in  conflict 


Insane.  387 

with  the  provisions  of     this  act  are     hereby  re- 
pealed. 

Sec.  3.    This  act  shall  take  effect  from  and  af- 
ter its  passage. 


An  act  entitled  An  act  to  provide  for  the  future 
management  of  the  state  asylums  for  the  in- 
sane. 
[Approved  March  9,  1885;  Stats.  1885,  p.  32.] 

Insane  able  to  pay  for  support. 

Section  1.  The  judge  of  the  superior  court  of 
any  county  in  this  state  shall  inquire  into  the  abil- 
ity of  insane  persons,  committed  by  him  to  the 
asylum,  to  bear  the  actual  charges  and  expenses 
for  the  time  that  such  person  may  remain  in  the 
asylum.  In  case  an  insane  person  committed  to 
the  asylum  under  the  provisions  of  this  act  shall 
be  possessed  of  real  or  personal  property  suflBcient 
to  pay  such  charges  and  expenses,  the  judge  shall 
appoint  a  guardian  for  such  person,  who  shall 
be  subject  to  all  the  provisions  of  the  general 
laws  of  the  state  in  relation  to  guardians,  as 
far  as  the  same  are  applicable;  and  when  there  is 
not  sufficient  money  in  the  hands  of  the  guardian, 
the  judge  may  order  a  sale  of  the  property  of 
such  insane  person,  or  so  much  thereof  as  may  be 
necessary,  and  from  the  proceeds  of  such  sale  the 
guardian  shall  pay  the  board  of  trustees  the  sum 
tixed  upon  by  them  each  month,  quarterly  in  ad- 
vance, for  the  maintenance  of  such  ward;  and  he 
also  shall,  out  of  the  proceeds  of  such  sale,  or 
such  other  funds  as  he  may  have  belonging  to 
such  ward,  pay  for  such  clothing  as  the  resident 
physician  shall,  from  time  to  time,  furnish  such 
insane  person;  and  he  shall  give  a  bond,  with  good 
and  sufficient  sureties,  payable  to  the  board  of 
trustees,  and  approved  by  the  judge,  for  the 
faithful  performance  of  the  duties  required  of 
him  by  this  act,  as  long  as  the  property  of  his  in- 
sane ward  is  suffi'cient  for  the  purpose.  If  indi- 
gent insane  persons  have  kindred  of  degree  of 
husband  or  wife,  father,  mother,  or  children,  liv- 
ing within  this  state,  of  sufficient  ability,  who  are 
otherwise  liable,  said  kindred  shall  support  such 
indigent   insane  person  to  the   extent  prescribed 


388  Insane. 

for  paying  patients.  The  board  of  trustees  shall 
furnish  such  blank  bonds  as  are  required  by  this 
section,  to  the  several  judges  in  this  state.  A 
breach  of  any  bond  provided  for  in  this  act  may 
be  prosecuted  in  the  superior  court  of  any  county 
in  this  state  in  which  any  one  of  the  obligors  may 
reside,  and  the  same  shall  be  prosecuted  by  the 
district  attorney  of  the  county  in  which  the  action 
shall  be  brought,  and  shall  be  conducted  through- 
out, and  the  .judgment  enforced,  as  in  a  civil  ac- 
tion for  the  recovery  of  a  debt.  Should  there  re- 
main in  the  hands  of  the  board  of  trustees,  or 
their  treasurer,  at  the  time  any  insane  person  is 
discharged,  any  money  unexpended,  so  paid  by 
the  guardian  or  kindred,  the  same  shall  be  refund- 
ed; provided,  that  the  board  of  trustees  shall  not 
be  required  to  refund  any  money  for  a  fraction  of 
a  month;  but  upon  the  death  of  any  insane  per- 
son, after  paying  the  ordinary  burial  expenses, 
the  remainder  of  any  moneys  received  from  the 
guardians,  or  on  deposit  with  the  board  of  trus- 
tees or  their  treasurer,  shall  be  refunded  to  the 
person  or  persons  thereto  entitled,  on  demand. 
Any  moneys  found  on  the  person  of  any  insane 
person  at  the  time  of  arrest  shall  be  certified  to 
by  the  judge  and  sent  with  such  person  to  the 
asylum,  there  to  be  delivered  to  the  treasurer,  to 
be  applied  to  payment  of  the  expenses  of  such 
person  while  in  the  asylum;  but  upon  the  recov- 
ery of  such  insane  person,  all  sums  remaining, 
after  deducting  such  expenses,  shall  be  returned 
to  such  person  when  discharged  from  the  asylum. 
All  moneys  belonging  to  the  state,  received  by  the 
board  of  trustees,  other  than  that  appropriated 
by  the  state,  shall  be  kept  by  said  trustees  in  a 
separate  fund,  to  be  known  as  a  contingent  fund, 
and  the  same  shall,  by  the  said  trustees,  be  ex- 
pended at  such  times  and  in  such  manner  as  to 
the  said  board  appears  for  the  best  interest  of 
said  asylum,  and  for  the  improvement  thereof, 
and  of  the  grounds  and  buildings  therewith  con- 
nected. A  full,  strict,  and  itemized  account  of  all 
such  receipts  and  expenditures  shall  be  included 
in  the  biennial  report  of  said  board  of  trustees. 
The  kindred  or  friends  of  an  inmate  of  the  asy- 
lum may  receive  such  inmate  therefrom  on  their 
giving  satisfactory  evidence  to  the  judge  of  the 


Insane*  389 

court  issuing  the  commitment  that  they,  or  any 
of  them,  are  capable  and  suited  to  take  care  of 
and  give  proper  care  to  such  insane  person,  and 
give  protection  against  any  of  his  acts  as  an  in- 
sane person.  If  such  satisfactory  evidence  ap- 
pear to  the  judge,  he  may  issue  an  order,  directed 
to  the  trustees  of  the  asylum,  for  the  removal  of 
such  person;  but  the  trustees  shall  reject  all  other 
orders  or  applications  for  the  release  or  removal 
of  any  insane  person,  except  the  order  of  a  court 
or  judge  on  proceeding  in  habeas  corpus;  and  if, 
after  such  removal,  it  is  brought  to  the  [knowledge 
of  the  judge  by  verified  statement  that  the  person 
thus  removed  is  not  cared  for  properly,  or  is  dan- 
gerous to  persons  or  property  by  reason  of  such 
want  of  care,  he  may  order  such  person  returned 
to  the  asylum. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Sec.  3.    This  act  shall  take  effect  immediately. 


An  act  to  provide  for  the  maintenance,  support, 
and  discharge  in  certain  cases  of  insane  per- 
sons confined  in  the  state  asylum  for  the  in- 
sane, and  for  the  control  and  management  of 
a  resulting  contingent  fund. 

[Approved  March  19,  1889;  1889,  329.] 

Inquiry  as  to  ability  of  insane  person  to  support 
himself. 
Section  1.  It  shall  be  the  duty  of  the  sheriff  of 
any  county  in  this  state,  or  other  officer,  imme- 
diately upon  arresting  any  person  charged  with 
being  insane,  to  notify  the  district  attorney  of 
the  county  in  which  said  arrest  is  made  of  the 
fact  of  such  arrest,  and  it  shall  be  the  duty  of  the 
district  attorney  of  any  county  in  this  state, 
at  the  time  of  the  commitment  of  an  in- 
sane person  to  any  state  asylum  of  this 
state  for  the  insane,  by  the  judge  of  the 
superior  court  of  such  county,  to  make  dili- 
gent inquiry  into  the  ability  of  such  insane  person 
to  bear  the  actual  charges  and  expenses  of  main- 
tenance and  support  for  the  time  that  such  per- 
son may  remain  in  the  asylum,  and  said  district 


390  Insane. 

attorney  shall  forthwith  notify  the  board  of  trus- 
tees, or  board  of  directors,  as  the  case  may  be, 
of  the  asylum  to  which  such  insane  person  shall 
be  committed,  of  the  result  of  such  inquiry. 
Application  for  appointment  of  guardian. 

Sec.  2.  In  case  such  insane  person  shall  be,  or 
shall  thereafter  become,  the  owner  of  property, 
real,  personal,  or  mixed,  it  shall  be  the  duty  of 
the  district  attorney  of  the  county  from  w^hich 
such  person  shall  have  been  committed,  in  case 
such  insane  person  has  no  general  guardian,  to 
apply  to  the  judge  of  the  superior  court  mailing 
the  order  of  commitment,  for  the  appointment 
of  a  general  guardian  of  the  person  and  estate,  or 
either,  of  such  insane  person;  such  application 
and  appointment  to  be  made  in  the  manner  as 
provided  by  the  codes  of  this  state  for  the  appli- 
cation for  appointment  and  appointment  of 
guardians  of  infants  and  incompetent  persons. 
Hearing  of  application. 

Sec.  3.  At  the  hearing  of  such  application  wit- 
nesses may  be  subpoenaed  as  in  civil  cases,  and 
examined  under  oath  to  determine  the  character 
and  value  of  the  property  of  such  insane  person. 
Upon  proof  of  the  existence  of  property— real, 
personal,  or  mixed — belonging  to  such  insane  per- 
son, the  judge  or  court  hearing  the  application 
shall  appoint  a  general  guardian  of  the  person  and 
estate,  or  either,  for  such  person,  who  shall  be 
subject  to  all  the  provisions  of  the  codes  and  gen- 
eral laws  of  this  state  in  relation  to  guardians  in 
otlier  cases,  as  far  as  the  same  may  be  applicable. 
If  at  any  time  there  is  not  sutficient  money  in  the 
hands  of  the  guardian  to  pay  the  cost  of  the 
maintenance  and  support  of  said  insane  person, 
as  hereinafter  provided,  and  said  insane  person 
has  other  property,  the  judge  of  said  superior 
court,  or  court,  shall,  upon  the  application  of  the 
guardian,  or  in  case  he  shall  neglect  to  apply,  of 
the  president  of  the  board  of  directors  or  board 
of  trustees;  as  the  case  may  be,  of  the  asylum  to 
which  such  insane  person  has  been  committed  or 
removed,  order  a  sale  of  the  property  of  such  in- 
sane person,  or  so  much  thereof  as  may  be  nec- 
essary to  pay  the  charges  and  expenses  of  main- 
taining and  supporting  such  iusane  person  at  said 


iQsane.  391 

asylum,  said  order  to  direct  what  property  shall 
be  sold.    Such  sale  to  he  made  in  the  manner  pro- 
vided in  the  codes  of  this  state  for  the  sale  of 
property  and  estates  of  deceased  persons. 
Guardian  to  pay. 

Sec.  4.  From  the  proceeds  of  such  sale,  or  from 
such  other  funds  as  the  guardian  may 
have  belonging  to  such  insane  person,  he 
shall  pay  to  the  board  of  trustees  or  board 
of  directors,  as  the  case  may  be,  of  the 
asylum  to  which  such  insane  person  has 
been  committed,  or  to  which  he  or  she  may  have 
been  removed,  the  sum  per  month  tixed  upon  by 
them  quarterly  in  advance  for  the  maintenance 
and  support  of  such  insane  person;  and  he  shall 
also,  out  of  the  proceeds  of  such  sale  or  such  other 
funds  as  he  may  have  belonging  to  such  insane 
person,  pay  for  such  clothing  as  the  medical  su- 
perintendent or  resident  physician  of  such  asy- 
lum shall  from  time  to  time  furnish  to  such  in- 
sane person. 
Bond  of  guardian. 

Sec.  5.  The  guardian  of  such  insane  person 
shall  give  a  bond,  with  two  good  and  sufficient 
sureties,  payable  to  the  board  of  trustees  or  board 
of  directors,  as  the  case  may  be,  of  the  asylum  to 
which  such  insane  person  has  been  committed  or 
removed,  and  approved  by  the  judge  of  said  supe- 
rior court  for  the  faithful  performance  of  his  du- 
ties as  such  guardian. 
Secretary  of  state  to  furnish  blank  bonds. 

Sec.  6.  The  secretary  of  state,  under  the  advice 
and  instruction  of  the  attorney-general,  shall  have 
printed  and  furnish  such  blank  bonds  as  are  re- 
quired by  this  act  to  the  several  superior  courts 
of  this  state. 
Prosecution  for  breach  of  bond. 

Sec.  7.  A  breach  of  any  bond  provided  for  in 
this  act  may  be  prosecuted  by  the  board  of  trus- 
tees or  board  of  directors,  as  the  case  may  be,  of  the 
asylum  to  which  such  insane  person  has  been  com- 
mitted or  removed,  in  their  own  names,  in  the  su- 
perior court  of  any  county  in  this  state,  in  which 
any  one  of  the  obligors  may  reside,  and  in  which 
the  action  shall  be  brought,  and  shall  be  conduct- 


302  Insane. 

ed  throughout,  and  the  judgment  therein  enforc- 
ed, as  in  a  civil  action  for  the  recovery  of  a  debt. 
Kindred  to  support  indigent  insane. 

Sec.  8.  If  indigent  insane  persons  have  kindred 
of  degree  of  husband,  wife,  children  other  than 
minors,  father,  or  mother,  living  within  this  state, 
of  sufficient  pecuniary  ability,  who  are  otherwise 
liable,  such  kindred,  in  the  order  above  named, 
shall  support  such  indigent  insane  person  by  pay- 
ing to  the  board  of  directors  or  board  of  trustees, 
as  the  case  may  be,  of  the  asylum  to  which  such 
insane  person  has  been  committed  or  removed, 
the  sum  per  month  fixed  on  by  them,  quarterly  in 
advance,  for  the  maintenance  and  support  of 
such  indigent  insane  person,  and  such  kindred,  in 
the  order  above  named,  shall  also  pay  for  the 
clothing  as  the  resident  phj^sician  of  such  asylum 
shall  from  time  to  time  furnish  to  such  indigent 
insane  person. 

Action  may  be  brought  for  failure  of  kindred  to 
comply. 

Sec.  9.  For  a  failure  to  perform  the  duty  de- 
volving upon  such  kindred  under  the  provisions  of 
this  act,  an  action  may  be  brought  by  the  board 
of  trustees  or  board  of  directors,  as  the  case  may 
be,  of  the  asylum  to  which  such  insane  person 
has  been  committed  or  removed,  in  their  own 
names,  against  said  kindred,  in  the  order  above 
named.  Such  action  may  be  prosecuted  in  the 
superior  court  of  any  county  in  this  state  in  which 
said  kindred,  or  either  of  them,  may  reside,  and 
In  which  the  action  shall  be  brought,  which  ac- 
tion shall  be  conducted  throughout,  and  the  judg- 
ment therein  enforced,  as  in  a  civil  action  for  the 
recovery  of  a  debt. 
Money  refunded  on  discharge  of  patient. 

Sec.  10.  Should  there  remain  in  the  hands  of  the 
board  of  trustees  or  board  of  directors,  as  the 
case  may  be,  of  any  asylum  for  the  insane,  or  in 
the  hands  of  their  treasurer,  at  the  time  any 
insane  person  is  discharged,  any  money  unex- 
pended, so  paid  by  the  guardian  or  kindred,  the 
same  shall  be  refunded;  provided,  that  the  board 
of  trustees,  or  board  of  directors,  as  the  case  may 
be,  of  said  asylums,  shall  not  be  required  to  re- 
fund any  money  for  a  fraction  of  a  month;  but 


Insane.  393 

upon  the  death  of  any  insane  person,  after  paying 
the  ordinary  burial  expenses,  the  remainder  of 
any  moneys  received  from  the  guardian  or  kin- 
dred, or  on  deposit  Avith  the  board  of  directors  or 
board  of  trustees,  as  the  case  may  be,  of  such 
asylum,  or  on  deposit  with  their  treasurer,  shall 
be  refunded  to  the  person  or  persons  thereto  en- 
titled, on  demand.  Any  moneys  found  on  the 
person  of  any  insane  person  at  the  time  of  arrest 
shall  be  certified  to  by  the  judge,  and  sent  with 
such  person  to  the  asylum,  there  to  be  delivered 
to  the  treasurer  of  the  board  of  directors  or  board 
of  trustees,  as  the  case  may  be,  of  such  asylum, 
to  be  applied  to  the  payment  of  the  expenses  of 
such  person  while  in  the  asylum,  but  upon  the  re- 
covery of  such  person,  all  sums  remaining,  after 
deducting  such  expenses,  shall  be  returned  to 
such  person  when  discharged  from  the  asylum. 
Money  so  received  to  be  l^ept  separate. 

Sec.  11.  All  moneys  belonging  to  the  state  re- 
ceived by  the  board  of  directors  or  board  of  trus- 
tees, as  the  case  may  be.  of  any  state  asylum  for 
the  insane,  other  than  that  appropriated  by  the 
state,  shall  be  l^ept  by  said  board  in  a  separate 
fund,  to  be  known  as  the  contingent  fund,  and 
the  same  shall  by  the  said  board  be  expended  at 
such  times  and  in  such  manner  as  to  the  said  board 
appears  for  the  best  interest  of  such  asylum,  and 
for  the  improvement  thereof,  and  of  the  grounds 
and  buildings  therewith  connected.  A  full,  strict, 
and  itemized  account  of  all  such  receipts  and  ex- 
penditures shall  be  included  in  the  biennial  report 
of  said  board. 
When  inmate  may  be  delivered  to  care  of  others. 

See.  12.  The  kindred,  guardian,  or  friends  of 
an  inmate  of  any  state  asylum  for  the  insane  may 
receive  such  inmate  therefrom  on  their  giving  sat- 
isfactory evidence  to  the  judge  of  the  court  issu- 
ing the  commitment  that  they  or  any  of  them  are 
capable  and  suited  to  take  care  of  and  give  proper 
care  to  such  insane  person,  and  give  protection 
against  any  of  his  acts  as  an  insane  person.  If 
such  satisfactory  evidence  appear  to  the  court  or 
judge,  he  may  issue  an  order  directed  to  the  med- 
ical superintendent  or  resident  physician,  as  the 
case  may  be,  of  such  asylum,  for  the  removal  of 
such  person;   but  the  medical  suDerintendent   or 


394  Insane. 

resident  physician,  as  the  case  may  be,  shall  re- 
ject all  other  orders  or  applications  for  the  re- 
lease or  removal  of  any  insane  person,  except  the 
order  of  a  com-t  or  judge  on  proceedings  in  ha- 
beas corpus:  and  if  after  such  removal,  it  is 
brought  to  the  knowledge  of  the  judge  by  verified 
statement  that  the  person  thus  removed  is  not 
eared  for  properly,  or  is  dangerous  to  persons  or 
property  by  reason  of  such  want  of  care,  the  judge 
may  order  such  person  returned  to  the  same  asy- 
lum. 

Act  construed. 

Sec.  13.  This  act  shall  not  be  so  construed  as  to 
invalidate  any  existing  claim  occurring  under  the 
provisions  of  any  prior  statute  in  conflict  with 
the  provisions  of  this  act. 

Sec.  14.  All  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Sec.  1.5.    This  act  shall  take  effect  immediately. 


An  Act  to  establish  a  State  Lunacy  Commission, 
to  provide  a  uniform  government  and  man- 
agement of  the  state  hospitals  for  the  insane, 
and  to  provide  for  the  care,  custody,  and  ap- 
prehension of  persons  believed  to  be  insane, 
and  the  commitment  of  insane  persons,  and 
providing  for  the  transfer  of  unexpended  ap- 
propriations of  moneys  and  properties. 

[Stat,  approved  March  31,  1897,  Stats.  1897;  chap, 
ccxxvii.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

ARTICLE   I. 

State  Commission  in  Lunacy. 

Section  1.  This  act  shall  be  known  as  the  in 
sanity  law. 

Sec.  2.  When  used  in  this  chapter,  the  term 
"poor  i)erson"  means  a  person  who  is  unable  to 
maintain  himself  and  has  no  one  legally  liable 
and  able  to  maintain  him;  the  term  "an  indigent 
person"  means  one  wlio  has  not  sufticient  property 
to  support  himself  while  insane  and  the  members 


Insane.  395 

of  his  family  lawfully  dependent  upon  him  for 
support;  the  term  "institution"  means  any  hos- 
pital, asylum,  building,  house,  or  retreat,  author- 
ized by  law  to  have  the  care,  treatment,  or  custo- 
dy, of  the  insane;  the  term  "commission"  means 
the  State  Commission  in  Lunacy;  the  term  "pa- 
tient" means  an  insane  person  committed  to  an 
institution  according  to  the  provisions  of  this 
chapter. 

Sec.  3.  The  State  Commission  in  Lunacy  is 
hereby  created,  and  shall  consist  of  five  commis- 
sioners, as  follows:  Three  of  such  commissioners 
shall  be  the  State  Board  of  Examiners,  who  are 
hereby  constituted  ex  officio  members  of  such 
commission.  In  the  absence  of  the  governor  from 
any  meeting  of  such  commission,  the  secretary 
of  the  State  Board  of  Examiners  shall  act  in  his 
place  and  stead,  and  with  the  same  force  and 
effect,  and  to  such  extent  shall  be  an  ex  officio 
member  of  such  commission.  In  the  absence  of 
the  attorney-general  at  any  meeting  of  the  Com- 
mission in  Lunacy,  the  assistant  attorney-general 
shall  be  a  member  of  such  commission,  and  act 
to  the  same  effect,  and  have  the  same  power  and 
authority  as  would  the  attorney-general  were  he 
so  present.  A  fourth  member  of  such  Commission 
in  Lunacy,  and  who  shall  be  the  general  superin- 
tendent of  the  state  hospitals  of  California,  shall 
be  a  reputable  physician,  a  graduate  of  an  in- 
corporated medical  college,  with  at  least  ten  years' 
experience  in  the  actual  practice  of  his  profession, 
and  who  has  had  six  years'  actual  experience 
in  the  care  and  treatment  of  the  insane,  at  least 
one  year  of  which  must  have  been  in  the  state 
hospitals  of  California.  The  fifth  member  of  the 
commission  shall  be  the  secretary  of  the  State 
Board  of  Health,  who  shall  be  ex  officio  a  member 
of  such  commission.  The  salary  of  the  general  su- 
perintendent of  the  state  hospitals  for  the  insane 
shall  be  four  thousand  dollars  per  annum,  but 
shall  not  be  changed  during  his  term  of  office.  He 
shall  also  be  allowed  his  actual  traveling  and  in- 
cidental expenses,  the  same  to  be  audited  by  the 
other  members  of  the  commission.  The  re- 
maining members  of  the  commission  shall  serve 
without  salary.  The  general  superintendent  of 
the  state  hospitals  for  the  insane  shall  be  appoint- 


39b  Insant. 

ed  by  the  governor  immediately  after  ttie  passage 
of  this  act,  and  shall  hold  no  other  office,  and  his 
term  of  office  shall  be  four  years  from  the  date  of 
his  commission,  and  until  his  successor  is  appoint- 
ed and  qualified. 

Sec.  4.  The  commission  shall  be  provided  by  the 
secretary  of  state  with  a  suitable  furnished  office 
in  the  state  capitol,  where  it  shall  hold  stated 
meetings  at  least  once  in  three  months.  It  may 
hold  other  meetings,  at  such  office  or  elsewhere, 
as  it  may  deem  necessary.  It  may  employ  a  sec- 
retary, a  stenographer,  and  such  other  employees 
as  may  be  deemed  necessary.  The  salaries  and 
reasonable  expenses  of  the  commission  and  of  the 
necessary  clerical  assistance  shall  be  paid  by  the 
treasurer  of  the  state  on  the  warrant  of  the  con- 
troller, and  out  cf  any  moneys  appropriated  for 
the  support  of  the  insane;  said  expenses  and  sala- 
ries shall  be  paid  pro  rata  from  the  amount  appro- 
priated for  the  maintenance  of  each  state  hos- 
pital. 

Sec.  5.  The  commission  shall  have  an  official 
seal.  Every  process,  order,  or  other  paper  issued 
or  executed  by  the  commission,  may,  by  the  di- 
rection of  the  commission,  be  attested,  under  its 
seal,  by  its  secretary  or  by  any  member  of  the 
commission,  and  when  so  attested  shall  be  deemed 
to  be  duly  executed  by  the  commission. 

Sec.  6.  The  commission  is  charged  with  the  exe- 
cution of  the  laws  relating  to  the  care,  custody, 
and  treatment  of  the  insane,  as  provided  in  this 
act,  not  including  feeble-minded  persons  and  epi- 
leptics, as  such,  and  idiots.  They  shall  examine 
all  public  institutions  authorized  by  law  to  re- 
ceive and  care  for  the  insane,  and  inquire  into 
their  methods  of  government  and  the  manage- 
ment of  all  such  persons  therein.  They  shall  ex- 
amine into  the  condition  of  all  buildings,  grounds, 
and  other  i)roperty  connected  with  such  institu- 
tions, and  into  all  matters  relating  to  its  man- 
agement. For  such  purpose  each  commissioner 
shall  have  free  access  to  the  grounds,  buildings, 
and  all  books  and  i)apers  relating  to  any  such  in- 
stitution. All  persons  connected  with  any  such  in- 
stitution shall  give  such  information  and  afford 
such  facilities  for  any  such  examination  or  inquiry 
as  the  commissioners  may  require.    The  commis- 


Insane.  397 

siou  may,  by  order  appoint  a  competent  person  to 
examine  the  books,  papers,  and  accounts,  and  al- 
so into  the  general  condition  and  management 
of  any  institution  to  the  extent  deemed  necessary 
and  specified  in  the  order. 

Sec.  7.  The  general  superintendent  for  the 
state  hospitals  for  the  insane  shall  visit  every  in- 
stitution at  least  twice  in  each  year.  Such  visits 
may  be  made  jointly,  or  by  a  majority  of  the 
commission,  on  such  days  and  at  such  hours  of 
the  day  or  night,  and  for  such  length  of  time  as 
the  visiting  commissioner,  or  commissioners,  may 
choose.  But  each  commissioner  may  make  such 
other  visits  as  he,  or  the  commission,  may  deem 
necessary.  Each  visit  shall  include,  to  the  full- 
est extent  deemed  necessary,  an  inspection  of 
every  part  of  each  institution,  and  all  the  out- 
houses, places,  buildings,  and  grounds  belonging 
thereto,  or  used  in  connection  therewith.  The 
president  of  the  commission,  or  a  majority  of  the 
members  thereof,  shall  from  time  to  time  make 
an  examination  of  all  records  and  methods  of  ad- 
ministration, the  general  and  special  dietary,  the 
stores  and  methods  of  supplies,  and,  as  far  as  the 
circumstances  will  permit,  of  every  patient  con- 
fined therein,  especially  those  admitted  since  the 
preceding  visit,  giving  such  as  may  require  it, 
suitable  opportunity  to  converse  with  the  commis- 
sioners, apart  from  the  otticers  and  attendants. 
They  shall,  as  far  as  they  deem  necessary,  ex- 
amine the  ofiicers,  attendants,  and  other  employ- 
ees, and  make  such  inquiries  as  will  determine 
their  fitness  for  their  respective  duties.  At  the 
next  regular  or  special  meeting  of  the  commission, 
after  any  such  visit,  the  visiting  commissioner, 
or  commissioners,  shall  report  the  result  thereof, 
with  such  recommendations  for  the  better  man- 
agement or  improvement  in  such  institutions  as 
they  may  deem  necessary.  But  such  recommenda- 
tions shall  not  be  contrary  to  the  medical  doc- 
trines of  the  particular  school  of  medicine  adopt- 
ed by  such  institutions.  The  commissioners  shall, 
from  time  to  time,  meet  the  managers  or  responsi- 
ble authorities  of  such  institutions,  or  as  many 
of  the  members  as  practicable,  in  conference,  and 
consider,  in  detail,  all  questions  of  management 
and  improvement  of  the  institutions,  and  shall 
Gen.  Laws— 34. 


398  Insane. 

also  send  to  them,  in  writing,  if  approved  by  a 
majority  of  tlie  commissioners,  such  recommenda- 
tions in  regard  to  tlie  management  and  improve- 
ment of  tlie  institutions  as  they  may  deem  neces- 
sary or  desirable. 

Sec.  8.  The  commission  shall  make  such  regu- 
lations in  regard  to  the  correspondence  of  the  in- 
sane in  custody  as  in  its  judgment  will  promote 
their  interests,  and  it  shall  be  the  duty  of  the 
proper  authorities  of  each  institution  to  comply 
with  and  enforce  such  rules  and  regulations.  All 
such  insane  shall  be  allowed  to  correspond,  with- 
out restriction,  with  the  superior  judge  and  dis- 
trict attorney  of  the  county  from  which  they  were 
committed.  The  by-laws,  rules  and  regulations, 
boolis  of  record,  and  for  steward's  department, 
blanli  forms,  botli  clinical  and  otherwise,  ques- 
tions for  examination  of  employees,  and  questions 
for  competitive  examination  in  all  the  different 
branches  of  medicine  and  surgery,  and  specially 
in  diseases  affecting  the  mind  and  nervous  sys- 
tem, of  all  assistant  physicians  and  internes,  oth- 
erwise than  the  first  and  second  assistants,  for 
the  special  use  of  the  hospitals,  shall  be  uniform 
for  all  hospitals,  and  shall  be  approved  by  the 
commission. 

Sec.  9.  Any  physician  who  receives  a  certificate 
as  a  medical  examiner  in  lunacy  shall  file  such 
original  certificate  in  the  otfice  of  the  cleric  of  the 
county  where  he  resides,  and  forward  a  certified 
copy  thereof  to  the  oflSce  of  the  commission  with- 
in ten  days  after  such  certificate  is  granted.  The 
commission  shall  l^eep  in  tliis  office  a  record  show- 
ing tlie  name,  residence,  and  certificate  of  each 
duly  ciua lifted  medical  examiner,  and  shall  imme- 
diately file  in  its  otfice,  when  received,  each  duly 
certified  copy  of  a  medical  examiner's  certificate, 
and  advise  the  examiner  of  its  receipt  and  filing. 
No  examiner  shall  be  qualified  until  he  has  re- 
ceived from  the  commission  an  acknowledgment 
of  the  receipt  and  filing  of  his  certificate. 

See.  10.  The  commission  shall  keep  in  its  of- 
fice a  record  showing: 

1.  The  name,  residence,  sex,  age,  nativity,  oc- 
cupation, civil  condition,  and  date  of  commitment 
of  every  patient  in  custody  in  the  several  institu- 
tions for  the  care  and  treatment  of  insane  persons 


Insane.  399 

in  the  state,  and  the  name  and  residence  of  the 
person  making  the  petition  for  commitment,  and 
of  the  persons  signing  such  medical  certificate,  and 
of  the  judge  making  the  order  of  commitment; 

2.  The  name  of  the  institution  where  each  pa- 
tient is  confined,  the  date  of  admission,  and 
whether  brought  from  home  or  another  institu- 
tion, and,  if  from  another  institution,  the  name  of 
such  institution,  by  whom  brought,  and  the  pa- 
tient's condition; 

3.  The  date  of  the  discharge  of  each  patient 
from  such  institution  since  the  first  of  July,  eight- 
een hundred  and  ninety-six,  and  whether  recov- 
ered, improved,  or  unimproved,  and  to  whose 
care   committed; 

4.  If  transferred,  for  what  cause,  and  to  what 
institution;  and  if  dead,  the  date  and  cause  of 
death. 

Sec.  11.  The  authorities  of  the  several  institu- 
tions for  the  insane  shall  furnish  to  the  commis- 
sion the  facts  mentioned  in  the  last  preceding  chap- 
ter, and  such  other  obtainable  facts  relating  there- 
to as  the  commission  may,  from  time  to  time,  in 
the  just  and  reasonable  discharge  of  its  duties,  re- 
quire of  them,  with  the  opinion  of  the  superin- 
tendent thereon,  if  requested.  The  superintend- 
ent, or  person  in  charge  of  state  hospitals,  must, 
within  ten  days  after  the  admission  of  an  insane 
person  thereto,  cause  a  true  copy  of  the  medical 
certificate  and  order  on  which  such  person  shall 
have  been  received,  to  be  made  and  forwarded  to 
the  oflice  of  the  commission;  and  when  a  patient 
shall  be  discharged,  transferred,  or  shall  die 
therein,  such  superintendent,  or  person  in  charge, 
shall,  within  three  days  thereafter,  send  the  in- 
formation to  the  office  of  the  commission,  in  ac- 
cordance with  the  forms  prescribed  by  it. 

Sec.  12.  The  commission  shall  report  and  rec- 
ommend to  the  Legislature  the  necessary  pro- 
spective needs  for  the  care,  custody,  and  treat- 
ment of  the  poor  and  indigent  insane.  To  prevent 
overcroAvding  in  the  state  hospitals,  it  shall  rec- 
ommend to  the  Legislature  the  establishment  of 
cottages  at  such  of  the  now  existing  state  hos- 
pitals as  in  their  judgment  will  best  meet  the  re- 
quirements of  such  insane.  It  shall  also  furnish 
to  the  Legislature  an   estimate  of  the  probable 


400  Insane. 

number  of  patients  who  will  become  inmates  of 
the  respective  state  hospitals  during  the  two 
years  beginning  July  first  next  ensuing,  and  the 
cost  of  all  additional  buildings  and  equipments, 
if  any,  which  will  be  required  to  carry  out  the 
provisions  of  this  chapter  relating  to  the  care, 
custody,  and  treatment  of  the  poor  and  indigent 
insane  of  the  state.  No  money  shall  be  expended 
by  the  managers  of  a  state  hospital  for  the  erec- 
tion of  additional  buildings,  or  for  unusual  repairs 
or  improvements  of  state  hospitals,  except  upon 
plans  and  specifications  approved  by  the  commis- 
sion. The  cost  of  such  buildings  as  are  to  be  oc- 
cupied by  patients,  erected  on  the  grounds  of  ex- 
isting state  hospitals  including  the  necessary 
equipment  for  heating,  lighting,  ventilating,  fix- 
tures, and  furniture,  shall  in  no  case  exceed  the 
proportion  of  five  hundred  and  fifty  dollars  per 
capita  for  the  patients  to  be  accommodated  there- 
in. 

Sec.  13.  The  commission  shall,  biennally,  report 
to  the  legislature  its  acts  and  proceedings  for  the 
two  years  ending  June  thirtieth  last  preceding, 
with  such  facts  in  regard  to  the  management  of 
the  institutions  for  the  insane  as  it  may  deem 
necessary  for  the  information  of  the  legislature, 
including  estimates  of  the  amounts  required  for 
the  use  of  the  state  hospitals,  and  the  reasons 
therefor;  and  also  the  annual  reports  made  to 
the  commission  by  the  board  of  managers  of  each 
state  hospital. 

AKTICLE  II. 

Institutions  for  tlie  Care,  Custody,  and  Treatment 
of  the  Insane. 

Section  1.  There  are  hereby  established  the  fol- 
lowing hospitals  for  the  care  and  treatment  of 
the  insane  of  the  state  of  California,  which  are 
hereby  declared   to  be  corporations: 

First— The  Stockton  State  Hospital  at  the  city 
of  Stoclcton,  in  the  county  of  San  Joaquin,  hith- 
erto Ivnown  as  the  Stoclcton  State  Insane  Asylum 
at  Stockton,  and  all  property  now  belonging  to 
said  Stockton  State  Insane  Asylum,  and  all 
moneys  to  its  credit  with  the  state' controller  and 


Insane.  401 

state  treasurer  are  hereby  transferred  to  the 
Stockton  State  Hospital  at  Stockton,  and  the 
state  controller  and  the  state  treasurer  are  here- 
by authorized  to  make  such  transfer. 

Second— Napa  State  Hospital,  near  the  city  of 
Napa,  county  of  Napa,  hitherto  known  as  the 
Napa  State  Asylum  for  the  Insane  at  Napa,  and 
all  properties  now  belonging  to  said  Napa  State 
Insane  Asylum  for  the  insane,  and  all  moneys  to 
its  credit  with  the  state  controller  and  state  treas- 
urer are  hereby  transferred  to  the  Napa  State 
Hospital  at  Napa,  and  the  state  controller  and  the 
state  treasurer  are  hereby  authorized  to  make 
such  transfer. 

Third— Agnews  State  Hospital,  near  the  city  of 
San  Jose,  Santa  Clara  county,  hitherto  known  as 
the  State  Insane  Asylum  at  Agnews,  and  all  prop- 
erty now  belonging  to  said  State  Insane  Asylum 
at  Agnews,  and  all  moneys  to  its  credit  with  the 
state  controller  and  the  state  treasurer  are  here- 
by transferred  to  the  Agnews  State  Hospital  at 
Agnews,  and  the  state  controller  and  the  state 
treasurer  are  hereby  authorized  to  make  such 
transfer. 

Fourth— Mendocino  State  Hospital,  near  the 
city  of  Ukiah,  county  of  Mendocino,  hitherto 
known  as  the  Mendocino  State  Insane  Asylum  at 
Ukiah,  and  all  moneys  to  its  credit  with  the  state 
controller  and  the  state  treasurer  are  hereby 
transferred  to  the  Mendocino  State  Hospital  at 
Ukiah,  and  the  state  controller  and  the  state 
treasurer  are  hereby  authorized  to  make  such 
transfer. 

Fifth— Southern  California  State  Hospital,  near 
the  city  of  San  Bernardino,  San  Bernardino 
county,  hitherto  known  as  the  Southern  Califor- 
nia State  Insane  Asylum  for  the  insane  and  in- 
ebriates, San  Bernardino,  and  all  property  now 
belonging  to  said  Southern  California  State  In- 
sane Asylum  for  the  Insane  and  Inebriates,  San 
Bernardino,  and  all  moneys  to  its  credit  with  the 
state  controller  and  state  treasurer  are  hereby 
transferred  to  the  Southern  California  State  Hos- 
pital, San  Bernardino  county,  and  the  state  con- 
troller and  the  state  treasurer  are  hereby  author- 
ized to  make  such  transfer. 

Sec.  2.  Each  state  hospital  shall  be  under  the 
control  and  management  of  a  board   of   manag- 


402  Insane. 

ers  or  trustees,  subject  to  the  statutory  powers 
of  the  commission,  and  to  the  provisions  of  this 
act.  Such  trustees  or  managers  shall  hereafter  be 
termed  managers.  Each  hospital  shall  have  a 
board  of  five  managers,  the  different  members  of 
which  shall  be  appointed  by  the  governor  on  or 
before  the  first  day  of  January  following  the  ex- 
piration of  the  terms  of  office  of  the  trustees  now 
in  office,  and  after  this  act  takes  effect;  each 
manager  to  serve  for  a  period  of  four  years,  and 
until  his  successor  is  appointed  and  qualified,  so 
that  after  the  expiration  of  the  term  of  the  pres- 
ent managers,  the  terms  shall  expire  not  to  ex- 
ceed two  each  year.  If  a  vacancy  occur  other- 
wise than  by  expiration  of  term,  the  appointment 
of  a  manager  to  fill  such  vacancy  shall  be  for 
the  unexpired  term  of  the  manager  whose  office 
is  vacant. 

Sec.  3.  The  managers,  and  their  successors  ap- 
pointed after  the  ^appointment  and  classification 
made  pursuant  to  the  preceding  section,  shall  sev- 
erally be  appointed  by  the  governor,  as  often  as 
a  vacancy  shall  occur,  or  otherwise;  and  they  may 
severally  continue  in  office  until  their  successors 
are  appointed  and  qualified,  and  they  shall  be 
subject  to  removal  by  the  governor,  upon  cause 
shown  and  an  opportunity  to  be  heard.  No  per- 
son shall  be  eligible  to  the  office  of  manager  who 
is  eitlier  an  elective  or  appointive  state  officer  or 
a  memlH-r  of  the  legislature,  and  if  any  such  man- 
ager shall  become  a  meml)ei-  of  the  legislature  or 
ah  elective  or  npi)()intive  state  otticer.  his  office  of 
mannger  shnll  l)e  vacant.  If  any  manager  fails 
for  three  months  to  attend  the  regular  meetings 
of  the  board  of  wliich  he  is  a  member,  unless  he 
be  ill  or  absent  from  the  state,  liis  office  shall  be 
vacant,  and  the  board,  by  resolution,  shall  so  de- 
clai'e.  and  a  certitied  copy  of  every  sucli  resolution 
shall  foi-thwilh  be  Transmitted  to  tlie  governor. 
[Amendment  approved  Mareh  21.  1809.  Stats. 
1890.   ch.   12,S.] 

Sec.  4.  Subject  to  the  statutory  powers  of  the 
commission,  each  board  of  managers  shall  have 
the  general  direction  and  control  of  all  the  prop- 
erty and  concerns  of  the  institution  over  which 
they  are  respectively  appointed,  not  otherwise 
provided  by  law.  They  may  acquire  and  hold,  in 
the  name  of  and   for  the  people  of  the  state  of 


Insane.  403 

California,  by  grant,  gift,  or  bequest,  property  to 
be  applied  to  the  maintenance  of  insane  persons 
and  for  the  general  use  of  the  hospital.  All  lands 
necessary  for  the  use  of  state  hospitals  shall  be  ac- 
quired by  condemnation  as  lands  for  public  use  are 
acquired,  except  those  by  gift,  devise,  or  purchase, 
the  terms  of  which  purchase  shall  be  approved 
by  the  commission.  No  public  street,  or  road  for 
railroad  or  other  purposes,  except  for  hospital 
use,  shall  be  open  through  the  lands  of  the  state 
hospital,  unless  the  legislature,  by  special  enact- 
ment, consents  thereto.  The  managers  shall  re- 
ceive ten  dollars  per  day  for  attendance  at  meet- 
ings, and  while  in  the  actual  service  of  the  state, 
and  their  necessary  traveling  and  other  expenses, 
to  be  paid  as  other  current  expenditures  of  the 
hospital.    They  shall: 

1.  Take  care  of  the  interests  of  the  hospital, 
and  see  that  its  design  and  its  by-laws,  rules,  and 
regulations,  are  carried  into  effect,  according  to 
law; 

2.  Establish  such  by-laws,  rules,  and  regula- 
tions, subject  to  the  approval  of  the  commission, 
as  they  may  deem  necessary  and  expedient  for 
regulating  the  appointment  and  duties  of  officers 
and  employees  of  the  hospital,  and  for  the  inter- 
nal government,  discipline,  and  management  of 
the  same; 

3.  Maintain  an  effective  inspection  of  the  hos- 
pital, for  which  purpose  a  majority  of  the  board 
shall  visit  the  hospital  at  least  every  montli,  and 
the  whole  board  once  a  year,  and  at  such  other 
times  as  may  be  prescribed  in  the  by-laws; 

4.  Keep,  in  a  book  provided  for  the  purpose,  a 
fair  and  full  record  of  their  doings,  which  shall 
at  all  times  be  open  to  the  inspection  of  the  com- 
missioners in  lunacy,  or  either  house  of  the  legis- 
lature, to  examine  the  same; 

5.  Cause  to  be  typewritten,  within  ten  days  af- 
ter each  meeting  of  such  managers,  or  a  commit- 
tee thereof,  the  minutes  and  proceedings  of  such 
meeting,  and  cause  a  copy  thereof  to  be  sent 
forthwith  to  each  member  of  such  board  and  to 
the  commission; 

6.  Enter,  in  a  book  kept  by  them  for  that  pur- 
pose, the  date  of  each  of  their  visits,  and  the  con- 
dition of  the  hospital  and  patients,  and  all  such 
managers  present  shall  sign  the  same; 


404  Insaue. 

7.  Make  to  the  commission,  on  or  before  tlie 
fifteentli  day  of  August,  of  each  year,  a  detailed 
report  of  their  visits  and  inspection,  with  suitable 
suggestions  and  such  other  matters  as  may  be  re- 
quired of  them  by  the  commission,  for  the  year 
ending  on  the  thirtieth  day  of  June  preceding 
sucli  date  of  such  report. 

Sec.  5.  Each  board  of  managers  shall  continue 
to  appoint,  for  its  hospital,  as  often  as  vacancies 
occur  therein: 

1.  A  medical  superintendent,  who  shall  be  a 
well-educated  physician,  a  graduate  of  an  incor- 
porated medical  college,  of  good  moral  character, 
and  who  has  had  not  less  than  three  years'  expe- 
rience in  the  care  and  treatment  of  the  insane. 
The  medical  superintendent,  and  all  the  assistant 
physicians,  of  the  homeopathic  hospital  for  its  in- 
sane, shall  be  homeopathic  physicians.  Its  super- 
intendent shall  be  a  well-educated  physician,  a 
graduate  of  an  incorporated  medical  college,  of 
good  moral  character,  and  who  has  had  not  less 
than  three  years'  experience  in  the  care  and  treat- 
ment of  the  insane  in  hospitals  for  the  treatment 
of  the  insane; 

2.  The  treasurer,  who  shall  be  ex-officio  secre- 
tary of  the  board  of  managers,  who  shall  lieep  all 
the  boolvs,  records,  and  papers  pertaining  to  the 
business  of  his  office,  who  shall  maintain  such 
office  wherever  the  board  of  managers  may  direct. 
He  shall  give  an  undertaking  to  the  people  of  the 
state,  in  such  sum  as  the  board  shall  name,  for  the 
faithful  performance  of  his  trust,  with  sureties  to 
be  approved  by  a  justice  of  the  supreme  court  or 
a  judge  of  the  superior  court  of  the  county  in 
which  the  hospital  is  located.  Any  medical  super- 
intendent or  any  treasurer  may  be  removed  by  a 
majority  vote  of  the  board  of  managers  for  cause. 
Such  cause  must  l)e  stated  in  Avfiting  and  be 
served  ui)on  the  otiicial  charged,  who  shall  there- 
after be  given  an  opportunity  to  be  heard.  Should 
he  be  removed  ujion  such  hearing,  liis  removal 
sliall  be  final.  rAmendment  approved  March  21, 
lSiK>:  Stats.  1S90.  ch.  CXXVIII.] 

Sec.  0.  The  iiKMlical  superintendent  of  each 
hospital  shall  be  its  chief  executive  officer,  and  in 
his  absence  or  sickness  tlie  first  assistant  physician 
or  other  officer  designated  by  the  medical  superin- 
tendent shall  pe^rform  the  diities  and  be  subject  to 
the  responsibilities  of  the  superintendent.  Subject 
to  the  by-laws,  rules,  and  regulations  established 


Insane.  405 

\)y  the  board  of  managers,  the  medical  superin- 
tendent shall  have  the  general  superintendence  of 
the  buildings,  grounds,  and  farm,  together  with 
their  furniture,  fixtures,  and  stock,  and  the  direc- 
tion and  control  of  all  persons  therein,  and  shall: 

(a)  Personally  maintain  an  effective  supervision 
and  inspection  of  all  parts  of  the  hospital,  and  gen- 
erally direct  the  care  and  treatment  of  the  pa- 
tients. To  this  end  the  superintendent  shall  per- 
sonally examine  the  condition  of  each  pafient 
within  five  days  after  his  admission  to  the  hospital, 
and  shall  visit  all  the  wards  or  apartments  for  pa- 
tients at  such  times  as  the  rules  and  regulations 
of  the  hospital  shall  prescribe; 

(6)  Appoint,  by  and  with  the  consent  of  the 
board  of  managers,  assistant  physicians,  one  of 
whom  shall  be  a  woman;  provided,  that  there  are 
three  other  assistant  physicians  and  internes,  the 
number  to  be  determined  by  the  commission,  as 
follows: 

1.  A  first  assistant  physician,  who  shall  be  well 
educated  in  his  profession,  a  graduate  of  an  incor- 
porated medical  college,  of  good  moral  character, 
experienced  in  the  treatment  of  mental  diseases, 
and  who  shall  have  been  engaged  in  the  actual 
practice  of  his  profession  for  five  years  immediate- 
ly preceding  the  date  of  his  appointment; 

2.  A  second  assistant  ph^-sician,  who  shall  be 
well  educated  in  his  profession,  a  graduate  of  an 
incorporated  medieal  college,  of  good  moral  charac- 
ter, experienced  in  the  treatment  of  mental  dis- 
eases, and  who  shall  have  been  engaged  in  the 
actual  practice  of  his  profession  for  not  less  than 
four  years  immediately  preceding  the  date  of  his 
appointment; 

3.  Assistants,  other  than  the  first  and  second, 
and  internes,  who  shall  be  well  educated  in  their 
profession,  graduates  of  an  incorporated  medical 
college,  good  moral  character,  and  subject  to  com- 
petitive examination  in  all  the  different  branches 
of  medicine  and  surgery,  and  specially  in  diseases 
affecting  the  mind  and* nervous  system;  the  ques- 
tions for  such  examination  to  be  prepared  by  the 
general  superintendent,  subject  to  the  approval  of 
the  commission; 

4.  At  the  homeopathic  state  hospital,  a  first  and 
f?econd  and  other  assistant  physicians,  an  interne, 
each  a  graduate  of  an  incorporated  college  of  the 
homeopathic  school  of  medicine.  They  shall  be 
of  good  moral  character,  and    shall    possess    the 


40G  Insane. 

same  qualiticatious  liereiubefoie  required  of  as- 
sistants and  internes,  respectively,  in  the  other 
liospitals.  The  salary  of  medical  superintendents 
shall  not  exceed  three  thousand  tive  hundred  dol- 
lars per  annum;  that  of  tirst  assistant  pliysicians^ 
three  thousand  dollars  per  annum;  that  of  assist- 
ant physicians  other  than  tirst  assistant  physi- 
cians, two  thousand  five  hundred  dollars  per  an- 
num; and  that  of  internes,  six  hundred  dollars 
each  per  annum. 

vj.  A  supervisor,  matron,  and  steward,  and  all 
employes  none  of  whom  shall  be  his  relative  or 
that  of  any  member  of  the  board  of  managers  by 
either  consanguinity  or  marriage,  who  shall  be 
subject  to  such  an  examination  as  he  deems  for 
the  best  interests  of  the  hospital,  the  questions  to 
be  prepared  by  the  general  superintendent  of  state 
hospitals,  subject  to  the  approval  of  the  commis- 
sion; 

6.  The  medical  superintendent  may  remove  any 
resident  otficer  or  employe  for  cause,  pending  the 
meeting  of  the  board  of  managers.  The  removal 
of  employes,  other  than  resident  officers,  shall  be 
reported  to  the  board  of  managers  for  their  action, 
which  shall  be  final,  and  in  the  case  of  resident  of- 
ficers notice  in  writing  must  be  immediately  given 
to  tlie  resident  officer  removed,  and  to  each  mem- 
ber of  the  board  of  managers.  At  the  next  meet- 
ing of  the  board  of  managers,  or  at  the  meeting 
to  which  it  has  been  regularly  uostnoned,  such  re- 
moval shall  be  considered  and  the  person  removed 
be  heard,  after  whicli  the  managers  shall  deter- 
mine what  shall  be  done  in  the  matter,  which  judg- 
ment shall  be  final.  If  the  officer  or  employe  be  re- 
moved, the  superintendent  shall  make  a  record 
thereof, with  the  reasons  thereto)-, under  the  appro- 
priate head  in  one  of  the  books  of  the  hospital. 
Any  orticer  or  emiUoye  of  a  state  hosi)ital  taking 
an  active  part  in  politics,  either  directly  or  indi- 
rectlv,  shall  be  summarilv  removed  from  such  hos- 
pital. 

7.  The  sui^erintendent,  assistant  physicians, 
steward,  supervisor,  and  matron,  shall  reside  in 
the  hospital  or  on  the  i)remises,  and  shall  be 
designated  the  resident  officers  of  the  hospital; 

«■)  Transmit,  by  mail,  to  the  state  lunacy  com- 
mission, witliin  five  days  after  such  discharge  has 
been  apitroved  by  tlie  l>oard  of  managers,  informa- 
tion of  any  such  discliarge.  and  the  cause  thereof. 
The  commission   shall   preserve  the  name  of  any 


Insane.  407 

sueh  officer,  or  employe,  with  the  facts  relating  to 
liis  discharge,  in  a  book  provided  for  that  purpose; 

id)  Give  such  orders  and  instructions  as  he  may 
deem  best  calculated  to  insure  good  conduct, 
fidelity,  and  economy  in  every  department  of  labor 
and  expense; 

{,€)  Maintain  salutary  discipline  among  all  who 
.are  employed  in  the  institution,  and  enforce  strict 
compliance  with  his  instructions  and  uniform 
obedience  to  all  rules  and  regulations  of  the  hospi- 
tal; 

(/)  Cause  full  and  fair  accounts  and  records  of 
the  entire  business  and  operations  of  the  hospital, 
to  be  kept  regularly,  from  day  to  day,  in  books  or 
formsprovided  for  that  purpose; 

{<j)  isee  that  all  such  accounts  and  records  are 
fully  up  to  the  last  day  of  June  in  each  year,  and 
that  the  principal  facts  and  results,  with  his  report 
thereon,  be  presented  to  the  managers  within 
thirty  days  thereafter,  who  shall  incorporate  it  in 
their  report  to  the  commission; 

(h)  Keep  a  book,  in  which  he  shall  cause  to  be 
entered  at  the  time  of  reception  of  any  patient,  his 
name,  residence,  and  occupation,  and  the  date  of 
such  reception,  by  whom  brought,  and  by  Avhat  au- 
thority, and  on  whose  petition  committed,  and  an 
abstract  of  all  orders,  warrants,  requests,  peti- 
tions, certificates,  and  other  papers  accompanying 
such  person; 

(/)  The  medical  superintendent  shall  be  required 
to  prepare  and  keep  the  payrolls  of  the  hospitals, 
and  to  collect  all  moneys;  keep  the  accounts  for 
the  support  of  the  patients,  and  expenses  incurred 
in  their  behalf,  furnish  the  treasurer  statements 
thereof  as  they  fall  due;  turn  all  moneys  collected 
over  to  the  treasurer,  and  report  same  to  the 
board  of  managers  at  each  meeting;  notify  the 
treasurer  of  the  death  or  discharge  of  reimbursing 
or  pay-patients,  within  five  days  after  such  death 
or  discharge; 

(/)  Prepare  triplicate  estimates  of  the  amount, 
kind,  and  quality  of  furniture  and  household  fur- 
nishing goods,  provisions,  fuel,  forage,  clothing,  or 
material  for  clothing,  and  other  material  required 
for  the  twelve  months  ending  June  thii-tieth  of 
each  year,  which  shall  be  approved  by  the  board 
of  managers,  unless  a  different  time  be  allowed  by 
the  commission.  He  shall  submit  two  of  the  tripli- 
cate estimates  to  the  commission,  and  file  the  third 
in  his  office.    The  commission  may  revise  the  esti- 


408  Insane. 

mate  for  supplies,  either  as  to  quality  or  quantitj- 
thereof,  and  shall  certify  that  it  has  carefully  ex- 
amined the  same,  and  that  the  articles  contained 
in  such  estimate,  as  approved  by  it,  are  actually 
required  for  the  use  of  the  hospital;  whereupon, 
after  having  approved  the  estimates,  the  commis- 
sion shall,  beginning  upon  the  fifteenth  day  of  the 
month  preceding  the  month  in  which  contracts  are 
to  be  let,  advertise  for  four  successive  weeks,  for 
contracts  for  furnishing  such  supplies;  said  adver- 
tisement being  in  brief,  referring  to  the  class  of 
supplies  and  the  fact  that  all  contemplated  bid- 
ders can  receive  schedtiles  by  applying  to  the  su- 
perintendents or  secretaries  of  the  various  hospi- 
tals, or  the  state  commission.  All  contracts  shall 
be  awarded  to  the  lowest  responsible  bidder,  or 
bidders,  upon  their  giving  to  the  board  of  man- 
agers a  bond,  amounting  to  one-fourth  of  their 
actual  bids,  as  security  for  the  faithful  perform- 
ance of  the  same.  The  board  of  managers  reserve 
the  right  to  reject  any  and  all  bids  submitted  to 
them ; 

(k)  Prepare  monthly  triplicate  estimates,  as  ap- 
proved by  the  board  of  managers,  two  of  which 
must  be  "submitted  to  the  commission,  and  the 
other  filed  in  the  superintendent's  otfice,  for  neces- 
sary expenditures  required  for  the  hospital  of 
which  he  is  superintendent  for  the  ensuing  month. 
The  commission  may  revise  these  estimates  for 
supplies,  either  as  to  the  quality,  quantity,  or  price 
thereof,  and  shall  certify  that  they  have  been  care- 
fully examined,  and  that  the  articles  contained  in 
such  estimates,  as  approved  by  it.  are  actually  re- 
quired for  the  use  of  the  hospital;  whereupon  the 
board  of  managers  shall  direct  the  stiperintendent 
to  secure  the  supplies  according  to  the  approved 
estimates.  [Amendment  approved  March  21,  1899; 
Stats.  189t>.  ch.  CXXVIII.] 

Sec.  7.  The  medical  superintendents  of  the  sev- 
eral state  hospitals,  or  their  representatives,  and, 
in  the  discretion  of  each  board  of  managers,  one 
member  of  each  board,  to  be  designated  by  it, 
shall  meet  at  least  every  three  months,  on  a  day 
to  be  appointed  by  the  commission,  at  tne  office 
of  the  commission,  or  at  such  other  place  as  may 
be  designated  by  it,  to  consult  with  such  com- 
mission with  reference  to  matters  relating  to  the 
care  and  maintenance  of  the  state  hospitals. 


Insane.  409- 

Sec.  8.  The  commission  shall  fix  the  annual  sal- 
aries of  the  resident  officers  and  treasurer  of  the 
state  hospitals,  which  shall  be  uniform  in  all  the 
state  hospitals.  They  shall  classify  the  other  offi- 
cers and  employees  in  grades,  and  determine  the 
salaries  and  wages  to  be  paid  in  each  grade^ 
which  shall  be  uniform  in  all  the  state  hospitals. 
The  salaries  and  wages  shall  be  included  in  the 
monthly  estimates,  and  paid  in  the  same  manner 
as  other  expenses  of  the  state  hospitals.  The  med- 
ical superintendents,  the  assistant  physicians,  and 
stewards,  each  of  them  and  their  families,  shall  be 
furnished  room,  household  furniture,  laundry  ser- 
vice, drugs  when  ill,  provisions,  fuel,  and  lights,, 
at  and  from  the  supplies  of  the  hospital.  [Amend- 
ment approved  March  21,  181>9;  Stats.  1899,  ch. 
128.] 

Sec.  9.  The  medical  superintendent  of  each  hos- 
pital shall,  on  or  before  the  fifteenth  day  of  each 
quarter,  cause  to  be  prepared  triplicate  estimates 
in  minute  detail,  as  approved  by  the  board  of 
managers,  of  the  expenses  required  for  the  hos- 
pital of  which  he  is  superintendent,  for  the  ensu- 
ing quarter.  He  shall  submit  two  such  triplicate 
estimates  to  the  commission  and  file  the  third  in 
his  office.  The  commission  may  revise  estimates 
for  supplies  or  other  expenditures,  either  as  to  the 
quality  or  quantity  thereof,  and  shall  certify  that 
it  has  carefully  examined  the  same,  and  that  the 
articles  contained  in  such  estimates,  as  approved 
and  revised  by  it,  are  required  for  the  use  of  the 
hospital;  whereupon,  the  board  of  managers,  af- 
ter having  received  the  approved  estimates,  shall 
malie  drafts  upon  the  state  controller,  as  the  mon- 
ey may  be  required  for  the  purposes  mentioned 
in  such  approved  estimates,  which  drafts  shall 
be  paid  upon  the  warrant  of  the  controller  out 
of  the  funds  in  the  treasury  of  the  state  held  for 
the  care  of  the  insane  and  the  maintenance  of  the 
state  hospitals. 

Sec.  10.  All  moneys  received  by  the  board  of 
managers  of  any  state  hospital,  other  than  that 
appropriated  by  the  state,  shall  be  liept  by  said 
board,  in  a  separate  fund,  named  the  contingent 
fund;  and  the  same  shall,  by  the  said  board,  be 
expended  for  such  supplies,  expenses,  buildings, 
and  improvements,  as  are  required  for  the  best 
Gen.  Laws— 35. 


410  Insane. 

interests  of  such  hospital,  and  for  the  improve- 
ment thereof,  and  of  the  grounds  and  buildings 
connected  therewith.  The  medical  superintend- 
ent shall  malve  triplicate  estimates,  in  minute  de- 
tail, as  approved  by  the  board  of  managers,  of 
such  supplies,  expenses,  buildings,  and  improve- 
ments, two  of  which  must  be  submitted  to  the 
commission,  and  the  third  placed  on  file  in  his  of- 
fice. The  commission  may  revise  the  estimates 
of  such  supplies,  and  shall  certify  that  it  has  care- 
fully examined  the  same,  and  that  the  supplies, 
expenses,  buildings,  and  improvements  contained 
in  such  estimates,  as  approved  by  it,  are  required 
for  the  best  interests  of  such  hospital;  whereup- 
on, the  board  of  managers,  after  having  received 
the  revised  and  approved  estimates,  shall  pro- 
ceed to  purchase  such  supplies,  malve  such  expen- 
ditures, or  construct  such  improvements  or  build- 
ings without  further  authority,  and  if  approved 
shall  make  a  draft  or  drafts  upon  the  treasurer 
of  such  hospital,  as  the  money  may  be  required 
for  the  purposes  mentioned  in  such  estimates, 
which  draft  or  drafts  shall  be  paid  by  the  treas- 
urer out  of  any  money  contained  in  the  contin- 
gent fund  to  be  used  for  the  above-mentioned  pur- 
poses. The  building  act  of  eighteen  hundred  and 
seventy-six  shall  not  apply  to  any  improvement, 
structure,  or  building  made  under  the  provisions 
of  this  act. 
Sec.  11.    The  treasurer  of  each  hosplcal  shall: 

1.  Have  the  custody  of  all  moneys  received 
from  the  state  or  eleswhere,  for  the  benefit  of  the 
bospital,  or  any  of  its  inmates,  and  keep  an  accu- 
rate account  thereof. 

2.  Have  the  custody  of  all  bonds,  notes,  mort- 
gages, and  other  securities  and  obligations  belong- 
ing to  the  hospital. 

3.  Receive  all  money  for  the  care  and  treat- 
ment of  patients,  and  other  sources  of  revenue  to 
the  hospital. 

4.  Deposit  all  such  money  in  a  bank  designated 
by  the  managers,  conveniently  near  the  hospital, 
in  his  name,  as  treasurer,  and  send  each  month,  to 
the  commission  and  to  the  board  of  managers, 
a  statement  showing  the  amount  so  received  and 
deposited,  and  from  whom  and  for  what  received, 
and  when  such  deposits  were  made.  Such  state- 
ment of  deposit  shall  be  certified  by  the  proper  of- 


Insane.  411 

licer  of  the  bank  receiving  such  deposit.  The  treas- 
urer shall  make  an  afBdavit  to  the  effect  that  the 
sum  so  deposited  is  all  the  money  received  by  him, 
from  any  source  of  hospital  income,  up  to  the 
time  of  the  last  deposit  appearing  on  such  state- 
ment. The  bank  designated  by  the  board  of  man- 
agers to  receive  such  deposits  shall,  before  any 
deposit  is  made,  execute  a  bond  to  the  people  of 
the  state,  in  a  sum  approved  by  the  board  of  man- 
agers, for  the  safe  keeping  of  the  funds  deposited. 

5.  Pay  out  the  money  deposited  for  the  uses  of 
the  state  hospital,  upon  the  voucher  of  the  stew- 
ard, approved  by  the  superintendent,  in  accord- 
ance with  the  estimates  made  by  the  superintend- 
ent, and  revised  and  approved  by  the  board  of 
managers  and  by  the  commission. 

6.  Keep  full  and  accurate  accounts  of  all  re- 
ceipts and  payments  in  the  manner  directed  in. 
the  by-laws,  and  according  to  books  and  forms 
approved,  prescribed,  and  furnished  by  the  com- 
mission. 

7.  Balance  all  accounts  on  his  books  annually, 
on  the  last  day  of  June,  and  make  a  statement 
thereof,  and  an  abstract  of  the  receipts  and  pay- 
ments of  the  past  year,  and  deliver  the  same, 
within  ten  days,  to  the  finance  committee  of  the 
managers,  who  shall  compare  the  same  with  the 
books  and  vouchers,  and  verify  the  results  by  fur- 
ther comparison  with  the  books  of  the  steward, 
and  certify  in  regard  to  the  correctness  thereof,  to 
the  managers  at  their  next  meeting. 

8.  Render  an  account  to  the  state  of  the  books 
and  the  funds,  and  other  property  in  his  custody, 
whenever  required  by  the  managers,  or  by  the 
commission. 

9.  Upon  the  order  of  the  board  of  managers, 
execute  a  release  and  satisfaction  of  a  mortgage, 
judgment,  or  other  lien  or  debt,  in  favor  of  the 
hospital,  when  the  same  has  been  paid. 

Sec.  32.  The  treasurer  of  each  state  hospital 
shall,  on  or  before  the  fifteenth  day  of  each  quar- 
ter, make  to  the  board  of  managers,  and  to  the 
commission,  a  full  and  perfect  statement  of  all 
the  receipts  and  expenditures,  specifying  the  sev- 
eral items,  for  the  last  preceding  quarter.  Such 
statement  shall  be  verified  by  the  aflidavit  of  the 
treasurer  attached  thereto,  in  the  following  form: 


412  Insane. 

r, ,  treasurer  of  the  state    hospital,  do 

solemnly  declare  that  I  have  deposited  in  the 
bank  designated  by  law  for  such  purpose,  all  the 
moneys  received  by  me  on  account  of  the  hospi- 
tal during  the  last  quarter,  and  I  do  further  swear 
that  the  foregoing  is  a  true  abstract  of  all  the 
moneys  received,  and  payments  made  by  me,  or 
under  my  direction,  as  such  treasurer,  during  the 
quarter  ending  on  the day  of ,  18 — . 

There  shall  also  be  attached  the  affidavit  of  the 
steward  to  the  effect  that  the  goods  and  other 
articles  therein  specified  were  ordered  or  pur- 
chased, and  received  by  him,  or  under  his  direc- 
tion, at  the  hospital,  and  that  neither  he  nor  any 
person  in  his  behalf,  had  any  pecuniary  or  other 
interest  in  the  articles  purchased;  that  he  received 
no  pecuniary  or  other  benefit  therefrom  in  the 
way  of  commission,  percentage,  deductions,  or 
presents,  or  in  any  manner  whatever,  directly  or 
indirectly;  that  the  articles  and  bills  conform  in 
all  respects  to  the  invoiced  goods  received  and  or- 
dered by  him,  both  in  quality  and  quantity. 
Such  statement  shall  be  accompanied  by  the 
vouchers  showing  the  payment  of  the  several 
items  contained  in  the  statement,  and  approval 
thereof  by  the  superintendent,  the  amount  of  such 
payments,  and  for  what  the  payments  were  made. 
Such  approval  may  be  contained  on  an  audit 
sheet,  which  shall  refer  to  each  voucher  approved 
by  the  superintendent,  giving  the  number  of 
voucher,  the  name  of  the  claimant,  and  the 
amount  at  which  it  was  approved.  Such  vouchers 
shall  be  examined  by  the  board  of  managers,  and 
by  the  commission,  and  compared  with  the  esti- 
mates made  for  the  quarter  for  which  the  state- 
ment is  rendered,  and,  if  found  correct,  shall  be 
Indorsed  and  forwarded  by  the  commission,  with 
the  statement,  to  the  state  board  of  examiners. 
If  any  voucher  is  found  objectionable,  the  board 
of  examiners  shall  indorse  their  disapproval  there- 
in, with  the  reasons  therefor,  and  return  it  to  the 
treasurer,  who  shall  present  it  to  the  superintend- 
ent for  correction,  and  when  corrected,  return  it 
to  the  board  of  examiners.  All  such  vouchers 
shnll  be  filed  in  the  office  of  the  state  board  of 
examiners. 

Sec.  l.*^.  The  treasurer  of  any  state  hospital 
may,   with    the  consent  of    the  attorney-general, 


Insane.  41S 

bring  an  action,  in  th  ename  of  the  hospital,  to 
recover,  for  the  use  thereof: 

1.  The  amount  due  upon  any  note  or  bond  in  his 
hands,  belonging  to  the  hospital; 

2.  The  amount  charged  and  due,  according  to 
the  by-laws  of  the  hospital,  for  the  support  of  any 
patient  therein,  or  for  the  actual  disbursements 
made  in  his  behalf  for  necessary  clothing  and 
traveling  expenses; 

3.  Upon  any  cause  of  action  accruing  to  the 
hospital. 

Sec.  14.  General  powers  and  duties  of  the  stew- 
ard: The  steward,  under  the  direction  of  the 
superintendent  shall  be  accountable  for  the 
careful  keeping  and  economical  use  of  all 
furniture,  and,  under  the  direction  of  the 
superintendent,  shall  malie  all  purchases  for 
the  hospital  according  to  the  prov^sloi'S  of 
sections  nine  and  ten  and  of  paragraphs  nine 
and  ten  of  section  six,  receive  the  saii^f,  and 
preserve  the  original  bills  and  receipts  therefor, 
and  keep  full  and  accurate  accounts  of  all  such 
proceedings. 

Sec.  15.  All  purchases  of    supplies  for   ihe  use 
of  the  hospital  shall  be  made  for  cash,  or  on  cred- 
it or  time  not  exceeding  sixty  days,  except  by  the 
consent  of  the  state  board  of  examiners;  every 
voucher  shall  be  duly  filled  up,  and  with  every 
abstract  of  vouchers  paid,  there  shall  be  proof,  on 
oath,  that    the    voucher  was    properly  filled,   on 
oath,  the  money  paid.  No  expenditure  for  supplies,, 
or  other  purposes,  shall  be  made  by  the  board  of 
managers  of  any  state  hospital  for  the  benefit  of 
such  hospital,  by  contract  or  otherwise,  unless  in 
conformity  with  the  provisions  of  this  act  in  re- 
lation to  estimates.    No  manager  or  officer  of  the 
hospital  shall  be  interested,  directly  or  indirectly, 
m  the  furnishing  of  material,  labor,  or  supplies 
^>r  the  use  of  the  hospital,  nor  shall  any  manage? 
\J>i  otficer  act  as  an  attorney  or  counsel  for  such 
iioia^ital.      The  state  hospitals  may  manufacture 
\ticL  supplies  and  materials,  to  be  used  in  any  of 
^ch  hospitals  or  other  public  institutions  as  can 
>^  economically  made  therein, 
^ec,    16.    Each    superintendent,    treasurer,    and 
•w^ard,  before  entering  upon  his  duties  as  such, 
■^1  take  the  constitutional  oath  of  oflice,  and  file 
>ame  in  the  office  of  the  secretary  of  state. 


414  Insaue. 

Sec.  17.  No  civil  action  shall  be  brought,  iu  any 
-court,  against  the  commission  or  a  commissioner 
in  lunacy,  or  an  officer  or  manager  of  a  state  hos- 
pital, because  of  any  act  done  or  failure  to  per- 
form any  act,  while  discharging  their  official  du- 
ties, without  leave  of  the  controller  first  had  and 
obtained.  Any  just  claim  for  damage.-  :i gainst 
such  commission  or  commissioner,  officer  or  em- 
ployee, for  which  the  state  would  be  legally  or 
equitably  liable,  may  be  paid  out  of  any  moneys 
appropriated  for  the  care  of  the  insane. 

Sec.  18.  The  authorities  for  each  institution  of 
the  insaue  shall  place  on  file  in  the  office  of  the 
institution,  the  recommendations  made  by  the 
commissioners  as  a  result  of  their  visit,  for  the 
purpose  of  consultation  by  such  authorities,  and 
for  reference  by  the  commissioners  upon  their  vis- 
it to  such  institution. 


ARTICLE  III. 

Section  1.    Within  sixty  days  after  the  passage 
of  this  act,  the  board  of  supervisors  of  each  coun- 
ty of  the  state  shall  provide  for  and  furnish,  at  or 
in  tlie  city,  city  and  county,  or  receiving  hospitals, 
situated   in  each  county  of   the  state  a   suitable 
room  or  rooms  for  the  detention,  board,  care,  and 
treatment  of  the  alleged  insane.  These  rooms,  and 
their  furnishings,  shall  be  subject  to  the  approval 
of  the  state  lunacy  commission.    This  period  of 
detention,  board,  care,  and  treatment  shall  not  be 
less  than  one,  nor  more  than  twenty,  days.    Upon 
the  completion  and  furnishing  of  such  room  or 
rooms  within  the  time  stated  in  section  one  of  this 
article,  it  shall  be  the  duty  of  the  board  of  super- 
visors of  each  county  to  report  the  same  to  the 
commission;  and  it  shall  be  the  duty  of  any  per- 
son having  charge  of,  or  control  over,  such  city  o 
county,  county,  or  receiving  hospital,  to  allow  t^c 
commission  at  all  times  to  make  such  exam"^ 
tions  or  investigations  of  such  room  or  rooms,  ai^ 
their  furnishings,  as  they  in  their  judgment  defj 
necessary.    This  section  shall  not  be  construed^ 
mean  that  insane  persons  may  not  be  detai  ' 
cared  for,  boarded,  and  treated  in  their  own  lie'.' 
homes  of  friends  and  relatives,  or  any  license ' 


Insane.  415 

vate  hospital,  by  and  with  the  consent  of  the  state 
lunacy  commission. 

Sec.  2.  Certificates  of  lunacy  must  show  that  it 
is  the  opinion  of  the  medical  examiners  that  the 
alleged  insane  person  is  actually  insane,  and  must 
be  made  by  two  reputable  physicians,  graduates 
of  an  incorporated  medical  college,  who  have 
been  in  the  actual  practice  of  their  profession  at 
lease  Jive  years,  and  have  filed  with  the  commis- 
sion a  certified  copy  of  the  certificate  of  a  su- 
perior judge,  showing  such  qualifications  in  ac- 
cordance with  forms  prescribed  by  the  commis- 
sion. Such  physicians  shall,  singly  or  jointly, 
mali:e  such  examinations  of  the  person  alleged  to 
be  insane  as  to  enable  them  to  form  an  opinion  as 
to  his  sanity  or  insanity.  If,  after  such  examina- 
tions, they  conclude  the  person  is  insane,  they 
shall  jointly  so  certify,  the  date  of  such  certificate 
being  not  later  than  the  fifth  day  of  the  alleged  in- 
sane person's  detention.  Such  certificate  of  lu- 
nacy shall  be  in  the  form  prescribed  by  the  com- 
mission, and  shall  contain  the  facts  and  circum- 
stances upon  which  the  opinion  of  the  physicians 
is  based,  and  show  that  the  condition  of  the  per- 
son examined  is  such  as  to  require  care  and  treat- 
ment in  an  hospital  for  the  care,  custody,  and 
treatment  of  the  insane. 

Sec.  3.  If  the  application  for  a  commitment  has 
been  made  by  a  peace  officer,  or  by  the  chief  offi- 
cer of  any  city,  city  and  county,  county,  or  receiv- 
ing hospital,  or  by  any  other  person  other  than  a 
relative  or  friend  of  the  alleged  insane  person,  no- 
tice of  such  application  shall  be  served  upon  hus- 
band or  wife,  father  or  mother,  or  next  of  liin  of 
such  alleged  insane  person,  if  there  be  any  such 
known  to  be  residing  in  the  county,  and  if  not, 
upon  any  person  with  whom  the  alleged  insane 
person  may  reside,  or  at  whose  house  he  may  be. 
Such  petition  or  application  shall  be  accompanied 
by  the  certificate  of  lunacy  of  the  medical  exam- 
iners, as  prescribed  in  the  preceding  section.  The 
judge  to  whom  such  application  is  made,  may,  if 
no  demand  is  made  for  a  hearing  in  behalf  of  the 
alleged  insane  person,  proceed  forthwith  to  deter- 
mine the  question  of  insanity,  and  if  satisfied  that 
the  alleged  insane  person  is  insane,  may  immedi- 
ately issue  an  order  for  the  commitment  of  such 


416  Insane. 

person  to  a  hospital  for  the  custody  and  treatment 
of  the  insane.  If,  iiowever,  it  appears  that  such 
insane  person  is  harmless,  and  his  relatives,  or  a 
guardian  of  his  person  and  estate,  are  willing  and 
able  to  care  for  him,  at  some  place  other  than  such 
hospital,  upon  their  written  consent,  the  judge 
may  order  that  he  be  placed  in  the  care  and  cus- 
tody of  such  relative  or  such  guardian.  Such 
judge  may,  in  his  discretion,  require  other  proofs 
in  addition  to  the  certificate  of  the  medical  exam- 
iners. Upon  the  demand  of  any  relative  or  near 
friend  in  behalf  of  such  alleged  insane  person,  the 
judge  shall,  or  he  may,  upon  his  own  motion  is- 
sue an  order  directing  the  hearing  of  such  appli- 
cation before  him,  at  a  time  not  more  than  three 
days  after  the  issuance  of  the  medical  certificate, 
and  the  date  of  such  order,  which  shall  be  served 
upon  the  parties  interested  in  the  application,  and 
upon  such  other  persons  as  the  judge,  in  his  dis- 
cretion, may  name.  Upon  such  day  he  shall  hear 
the  testimony  introduced  by  the  parties,  and  ex- 
amine the  alleged  insane  person,  if  deemed  advis- 
able, in  or  out  of  court,  and  render  a  decision  in 
writing  as  to  such  person's  insanity.  If  it  be  de- 
termined that  such  person  is  insane,  the  judge 
shall  forthwith  issue  his  order  committing  him  to 
a  hospital  for  the  custody  and  treatment  of  the 
insane,  or  make  such  other  order  as  is  provided 
in  this  section.  If  such  judge  cannot  hear  the  ap- 
plication, he  may,  in  his  order  directing  the  hear- 
ing, name  some  referee  who  shall  hear  the  testi- 
mony, and  report  the  same  forthwith,  with  his 
opinion  thereon,  to  such  judge,  who  shall,  if  sat- 
isfied with  such  report,  render  his  decision  ac- 
cordingly. If  the  commitment  be  made  to  a  state 
hospital,  the  order  shall  be  accompanied  by  a  writ- 
ten statement  of  the  judge  as  to  the  financial  con- 
dition of  the  insane  person,  and  of  the  persons  le- 
gally linl)lo  for  his  maintenance,  as  far  as  can  be 
ascertained.  The  sheriff  shall  be  immediately  no- 
tified of  such  comniitment,  and  he  shall  at  once 
make  provisions  for  the  transfer  of  such  insane 
I)orson  to  such  hospital.  The  application  for  com- 
mitment, the  certificate  in  lunacy  of  tlie  medical 
examiners,  the  order  directing  a  further  hearing  as 
provided  in  this  section,  if  one  be  issued,  a  type- 
written statement  of  any  and  all  testimony,  and 


Insane.  417 

the  decision  of  the  judge  or  referee,  and  the  or- 
der of  commitment,  shall  be  presented  at  the  time 
of  the  commitment  to  the  superintendent  or  per- 
son in  charge  of  the  hospital  or  other  place  to 
which  the  insane  person  is  committed;  and  ver- 
batim copies  shall  be  forwarded  by  such  super- 
intendent or  person  in  charge,  and  filed  in  the  of- 
fice of  the  state  lunacy  commission.  The  relative, 
or  guardian,  to  whose  care  and  custody  any  in- 
sane person  is  committed,  shall  forthwith  file  the 
application  for  commitment,  certificate,  a  type- 
written statement  of  any  and  all  testimony  and 
order,  in  the  office  of  the  clerk  of  the  county  where 
such  order  is  made,  and  transmit  a  certified  copy 
of  such  papers  to  the  state  lunacy  commission, 
and  procure  and  retain  another  such  certified 
copy.  The  superintendent  or  person  in  charge  of 
any  state  hospital  for  the  care  and  treatment  of 
the  insane,  may  refuse  to  receive  any  person  upon 
any  order,  if  the  papers  required  to  be  presented 
shall  not  comply  with  the  provisions  of  this  sec- 
tion, or  if,  in  his  judgment,  such  person  is  not  in- 
sane within  the  meaning  of  this  statute,  or  if  re- 
ceived, such  person  may  be  discharged  by  the 
commission.  No  person  shall  be  admitted  to  any 
such  institution  under  such  order  after  the  expira- 
tion of  fifteen  days  from  the  date  of  issuance  of 
the  medical  certificate. 

Sec.  4.  If  a  person  ordered  to  be  committed, 
pursuant  to  this  act,  or  any  friend  in  his  behalf,  is 
dissatisfied  with  the  final  order  of  the  judge  com- 
mitting him,  he  may,  within  five  days  after  the 
maliing  of  such  order,  demand  that  the  question 
of  his  sanity  be  tried  by  a  jury  before  the  supe- 
rior court  of  the  county.  Thereupon  the  court 
shall  cause  a  jury  to  be  summoned,  and  to  be  in 
attendance  at  a  day  stated,  not  less  than  five,  nor 
more  than  ten,  days,  from  the  date  of  the  demand 
for  a  jury  trial.  At  such  trial  the  cause  against 
the  alleged  insane  shall  be  represented  by  the  dis- 
trict attorney  of  the  county  in  which  the  hospital 
is  located;  and  the  trial  shall  be  had  as  provided 
by  law  for  the  trial  of  civil  cases  before  a  jury, 
and  the  alleged  insane  shall  be  discharged,  unless 
a  verdict  that  he  is  insane  shall  be  found  by  at 
least  three-fourths  of  the  jury  trying  the  cause. 
Before  any  order  is  made,  or  proceeding  taken. 


418  Insane. 

for  such  trial  by  jury,  such  person  shall  make  a 
deposit,  or  give  a  bond,  to  be  approved  by  a  su- 
perior judge,  for  the  payment  of  all  costs  of  the 
jury  trial,  if  the  order  of  commitment  is  sus- 
tained, unless,  in  the  opinion  of  such  superior 
judge,  the  alleged  insane  person  shall  be  a  poor 
person,  as  defined  under  section  two,  article  one, 
of  this  act.  If  the  verdict  of  the  jury  be  that 
such  person  is  insane,  the  judge  shall  certify  that 
fact  and  make  an  order  of  commitment,  as  upon 
the  original  hearing.  Such  order  shall  be  present- 
ed, at  the  time  of  commitment  of  such  insane  per- 
son, to  the  superintendent  or  person  in  charge  of 
the  state  hospital  to  which  the  insane  person  is 
committed,  and  a  copy  thereof  shall  be  forwarded 
to  the  commission  by  such  superintendent  or  per- 
son in  charge,  and  filed  in  the  office  thereof.  Pro- 
ceedings under  the  order  shall  not  be  stayed  pend- 
ing the  proceedings  for  determining  the  question 
of  sanity  by  a  jury,  except  upon  the  order  of  the 
superior  judge,  made  after  one  day's  notice  to  the 
district  attorney  of  the  county,  and  after  a  hear- 
ing, witli  provisions  made  therein  for  such  tempo- 
rary care  or  custody  of  the  alleged  insane  person 
as  may  be  deemed  necessary;  such  temporary 
care  and  custody  of  the  alleged  insane  shall  be 
provided  for  by  the  judge  of  the  superior  court 
granting  the  stay  and,  if  the  superior  judge  by 
the  order  granting  the  stay,  shall  commit  the  ac- 
cused insane  to  the  custody  of  any  person  other 
than  a  peace  officer,  he  may,  by  such  order,  re- 
quire a  bond  for  his  appearance  at  the  trial.  If 
a  judge  shall  refuse  to  grant  an  application  for  an 
order  of  commitment  of  an  insane  person  alleged 
to  be  dangerous  to  himself  and  others,  if  at  large, 
he  shall  state  his  reasons  for  such  refusal,  and 
any  person  aggrieved  thereby  may  demand  a  trial 
of  the  question  of  the  insanity  of  such  accused  in- 
sane, in  the  manner  hereinbefore  provided  for  a 
jury  trial,  when  demanded  by  or  on  behalf  of  the 
accused  insane.  The  party  demanding  a  jury 
trial  in  this  case  shall  be  required  to  make  a  de- 
posit of  money,  or  give  security  for  the  cost  there- 
of, except  as  hereinbefore  provided  for  in  this  sec- 
tion. 

Sec.  5.  The  cost  necessarily  incurred  in  iet-irniin- 
ing  the  insanity  of  a  poor  or  indigent  person  and 


Insane.  419 

securing  his  admission  into  a  state  hospital,  and 
the  expense  of  providing  proper  clothing  for  such 
person,  in  accordance  with  the  rules  and  regula- 
tions adopted  by  the  commission,  shall  be  a  charge 
upon  the  town,  city,  county,  or  city  and  county 
securing  the  commitment.  Such  costs  shall  in- 
clude the  fees  allowed  by  the  judge  ordering  the 
commitment,  to  the  medical  examiners.  If  the 
person  sought  to  be  committed  is  not  a  poor  and 
indigent  person,  the  costs  of  the  proceedings  to 
determine  his  insanity  and  to  secure  his  commit- 
ment, as  provided  in  this  section,  shall  be  a  charge 
upon  his  estate,  or  shall  be  paid  by  the  persons  le- 
gally liable  for  his  maintenance,  unless  otherwise 
ordered  by  the  judge.  If  in  such  proceedings  the 
alleged  insane  person  is  adjudged  not  to  be  insane, 
the  judge  may,  in  his  discretion,  charge  the  costs 
of  the  proceedings  to  the  person  making  the  appli- 
cation for  an  order  of  commitment,  and  judgment 
may  be  entered  for  the  amount  thereof  and  en- 
forced by  execution  against  such  person. 

Sec.  6.  Liability  for  the  care,  support,  and  treat- 
ment of  the  insane  other  than  the  poor  and  indi- 
gent: The  father,  mother,  husband,  wife,  or  chil- 
dren of  an  insane  person,  if  of  suflBicient  ability, 
and  the  guardian  of  his  person  and  estate,  if  his 
estate  is  sufficient  for  the  purpose,  shall  cause  him 
to  be  properly  and  suitably  cared  for  and  main- 
tained. The  commission  may  inquire  into  the 
manner  in  which  any  such  person  is  cared  for 
and  maintained;  and  if  in  the  judgment  of  the 
commission,  he  is  not  properly  and  suitably  cared 
for,  may  apply  to  a  judge  of  the  superior  court  for 
ah  order  to  commit  him  to  an  hospital  under  the 
provisions  of  this  article,  but  such  order  shall  not 
be  made  unless  the  judge  finds  and  certifies  in  the 
order  tliat  such  insane  person  is  not  properly  or 
suitably  cared  for  by  such  relative  or  guardian,  or 
that  it  is  dangerous  to  the  public  to  allow  him  to 
be  cared  for  and  maintained  by  such  relative  or 
guardian.  The  costs  and  charges  of  the  commit- 
ment and  transportation  of  such  insane  person  to 
a  state  hospital  shall  be  paid  by  the  guardian, 
father,  mother,  husband,  wife,  or  children  of  such 
person,  to  be  recovered  in  an  action  brought  in  the 
name  of  the  people  by  the  commission. 

Sec.  7.    All  peace  officers,  and  other  persons  hav- 


420  Insane. 

ing  duties  relating-  to  the  insane  poor,  are  charged 
with  the  duty  of  seeing  that  all  poor  and  indigent 
insane  persons  Avithin  their  respective  municipal- 
ities are  speedily  granted  the  relief  conferred  by 
this  chapter,  and,  when  so  ordered  by  a  superior 
judge,  as  herein  provided,  or  by  the  commission, 
shall  see  that  they  are,  without  unnecessary  de- 
lay, transferred  to  the  proper  state  hospitals  pro- 
vided for  their  care  and  treatment  as  wards  of  the 
state.  Before  sending  a  person  to  any  such  hospi- 
tal, they  shall  see  that  he  is  in  a  state  of  bodily 
cleanliness  and  comfortably  clothed  with  new 
clothing,  in  accordance  with  the  regulations  pre- 
scribed by  the  commission.  The  commission  may, 
by  order,  direct  that  any  person  it  deems  unsuit- 
able therefor  shall  not  be  so  employed  as  such  at- 
tendant. When  the  relatives,  friends,  or  guard- 
ians of  an  insane  person  desire  that  he  should  re- 
ceive homoeopathic  treatment  he  may  be  commit- 
ted to  the  Southern  California  State  Hospital  from 
any  county  of  the  state,  in  the  discretion  of  the 
judge  granting  the  order  of  commitment;  pro- 
vided the  crowded  condition  of  that  hospital  does 
not  preclude  his  admission  to  the  detriment  of 
other  patients.  Each  female  committed  to  any  in- 
stitution for  the  insane  shall  be  accompanied  by 
a  female  attendant,  and,  if  necessary,  by  another 
proper  person  or  persons.  After  the  patient  has 
been  delivered  to  the  proper  officers  of  the  hospi- 
tal, the  care  and  custody  of  the  county  or  munici- 
pality from  which  he  is  sent  shall  cease. 

Sec.  8.  When  an  insane  person  is  possessed  of 
sufficient  property  to  maintain  himself,  or  bis 
father,  mother,  husband,  wife,  or  children  are  of 
sufficient  ability  to  maintain  him,  and  his  sanity 
is  such  as  to  endanger  his  own  person,  property, 
or  the  persons  and  property  of  others,  the  guard- 
ian of  his  person  and  estate,  or  such  father,  moth- 
er, husband,  wife,  or  children  must  provide  a  suit- 
able place  for  his  custody  and  confinement,  and 
there  maintain  liim  in  such  a  manner  as  shall  be 
approved  by  the  commission.  The  district  attor- 
ney of  the  county,  and  all  other  city,  town,  and 
county  authorities  are  required  to  see  that  tlie  pro- 
visions of  this  act  are  carried  into  effect  in  the 
most  humane,  efficient,  and  speedy  manner.  Upon 
the  refusal  or  neglect  of  a  guardian  or  relative  of 


Insane.  421 

an  insane  person  to  cause  him  to  be  confined,  as 
required  by  tliis  act,  tlie  otficers  named  in  this  sec- 
tion shall  apply  to  a  judge  of  a  superior  court,  or 
to  a  justice  ot  the  supreme  court,  who,  upon  being 
satisfied,  upon  proper  proofs,  that  such  person  is 
dangerously  insane  and  improperly  at  large,  shall 
issue  a  warrant  to  one  or  more  of  the  ofiicers 
named,  commanding  them  to  apprehend  and  con- 
fine such  insane  person  in  some  comfortable  and 
safe  place,  in  accordance  with  the  provisions 
of  this  act;  and  such  otficers,  in  apprehending  such 
insane  person  shall  possess  all  the  powers  of  peace 
ofiicers.  Unless  an  order  of  commitment  has  been 
previously  granted,  such  ofificer  shall  forthwith 
notify  the  medical  examiners,  and  after  receiving 
their  certificate,  make  application  for  the  proper 
order  for  his  commitment  to  the  proper  institution 
for  the  care,  custody,  and  treatment  of  the  insane, 
as  authorized  by  this  act;  and,  if  such  order  is 
granted,  such  otficer  shall  take  the  necessary  legal 
steps  to  have  him  transferred  to  such  hospital. 
In  no  case  shall  any  alleged  insane  person  be  con- 
fined in  any  other  place  than  a  state  hospital,  or 
lice  used  private  hospital,  for  a  period  longer  than 
tAventy  days,  nor  shall  such  person  be  committed 
as  a  disorderly  or  insane  person,  to  any  prison, 
jail,  lock-up  for  criminals  and  drunkards,  nor  shall 
he  be  confined  in  the  same  room  with  a  person 
charged  w^ith  or  convicted  of  crime.  Any  person 
apparently  insane,  and  conducting  himself  in  a 
manner  which  in  a  sane  person  would  be  disor- 
derly, may  be  taken  in  custody  by  a  peace  ofQcer, 
and  confined  as  provided  for  in  this  act,  until  the 
question  of  his  sanity  is  determined,  as  prescribed 
herein.  The  officer  taking  such  person  into  cus- 
tody shall  immediately  notify  two  of  the  medical 
examiners,  w^ho  shall  forthwith  take  proper  meas- 
ures for  the  determination  of  the  question  of  the 
sanity  of  such  person. 

Sec.  9.  The  managers  of  state  hospitals  may  au- 
thorize the  superintendent  to  admit  thereto,  under 
special  agreement,  insane  persons,  who  are  resi- 
dents of  the  state,  other  than  poor  and  indigent 
insane  persons,  when  there  is  room  for  such  in- 
sane therein.  But  no  patient  shall  be  permitted  to 
occupy  more  than  one  room  In  any  state  hospital, 
nor  shall  any  patient,  his  friends  or  relatives. 
Gen.  Laws— 3t). 


422  Insane. 

be  permited  to  pay  for  his  care  and  treatment 
therein  a  sum  greater  than  ten  dollars  a  week. 
Such  patients,  when  so  received,  shall  be  subject 
to  the  general  rules  and  regulations  of  the  hospi- 
tal. The  amount  agreed  upon  for  the  maintenance 
of  such  insane  person  in  a  state  hospital  shall  be 
secured  by  a  properly  executed  bond,  and  bills 
therefor  shall  be  collected  monthly. 

Sec.  10.  Every  superintendent,  or  person  In 
charge,  of  a  state  hospital  for  the  care  and  treat- 
ment of  the  insane,  shall  within  three  days  after 
the  reception  of  a  patient,  make  or  cause  to  be 
made  a  thorough  physical  and  medical  examina- 
tion of  such  patient,  on  blanks  prepared  and  ex- 
clusively set  apart  for  that  purpose.  He  shall  also 
make,  or  cause  to  be  made,  from  time  to  time,  ex- 
amination of  the  mental  state,  bodily  condition, 
and  medical  treatment  of  such  patient,  in  such 
manner  and  upon  such  blank  forms,  as  shall  be 
approved  by  the  commission,  during  the  time  such 
patient  remains  under  his  care,  and  in  the  event 
of  the  death  or  discharge  of  such  person,  he  shall 
state,  upon  such  blank  forms,  the  circumstances 
thereof,  and  make  such  examinations  at  such  other 
intervals  of  time  and  in  such  form  as  may  be  re- 
quired by  the  commission. 

Sec.  11.  When  the  building  of  any  state  hospital 
shall  become  overcrowded  with  patients,  or  the 
number  of  buildings  shall  be  reduced  by  fire,  or 
other  casualties,  or  for  other  sufficient  cause,  the 
commission  may.  in  its  discretion,  cause  the  trans- 
fer of  patients  therefrom  or  direct  that  patients 
required  to  be  sent  thereto,  be  transferred  to  an- 
other state  hospital,  where  they  can  be  conven- 
iently received,  or  make  in  emergencies,  tempo- 
rary provision  for  their  care,  preference  to  be 
given  in  such  transfer  to  a  hospital  in  an  adjoin- 
ing rather  than  a  remote  district.  The  expense 
of  such  transfer  shall  be  chargeable  to  the  state, 
and  tlie  bills  for  the  same,  when  approved  by  the 
commission,  shall  be  paid  by  the  treasurer  of 
state  on  the  warrant  of  the  controller,  out  of  any 
moneys  provided  for  the  care  or  support  of  the  in- 
sane. 

Sec.  12.  When  the  coir,  nission  has  reason  to 
believe  that  any  person  adjudged  insane  is  wrong- 
fully deprived  of  his  liberty,  or  is  cruelly  or  negli- 


Insane.  423 

gently  treated,  or  inadequate  provision  is  made 
for  his  skillful  medical  care,  proper  supervision, 
and  safe  lieeping,  it  may  ascertain  the  facts,  or 
may  order  an  investigation  of  the  facts  by  one  or 
all  of  its  members.  It,  or  the  commissioner  con- 
ducting the  proceeding,  may  issue  compulsory 
process  for  the  attendance  of  witnesses  and  the 
production  of  papers,  and  exercise  the  powers  con- 
ferred upon  a  referee  in  a  superior  court.  If  the 
commission  deem  it  proper,  it  may  issue  an  order 
to  any  state  hospital,  directing  and  providing  for 
such  remedy  or  treatment,  or  both,  as  shall  be 
therein  specified.  If  such  order  be  just  and  rea- 
sonable, and  be  approved  by  the  judge  of  the 
superior  court,  in  which  the  state  hospital  is  sit- 
uated and  in  which  the  insane  person  has  been 
confined,  who  may  require  notice  to  be  given  of 
the  application  for  such  removal,  it  shall  be  bind- 
ing upon  any  and  all  institutions  and  persons  to 
which  it  is  directed,  and  any  willful  disobedience 
of  such  order  shall  be  a  criminal  contempt,  and 
punishable  as  such.  Whenever  the  commission 
shall  undertake  an  investigation  into  the  general 
management  and  administration  of  any  state  hos- 
pital for  the  insane,  or  places  of  detention  for  the 
alleged  insane,  it  may  give  notice  to  the  attorney- 
general  of  any  such  investigation,  and  the  attor- 
ney-general shall  appear  personally  or  by  deputy, 
and  examine  witnesses  who  may  be  in  attendance. 
The  commission  or  any  member  thereof,  may  at 
any  tiroe  visit  and  examine  the  inmates  of  any 
county  or  city  almshouse,  to  ascertain  if  insane 
persons  are  kept  therein. 

Sec.  13.  Any  one  in  custody  as  an  insane  per- 
son is  entitled  to  a  writ  of  habeas  corpus,  upon  a 
proper  application  made  by  a  relative  or  some 
friend  in  his  behalf  to  the  superior  judge  of  the 
county  in  which  the  hospital  is  located.  Upon  the 
return  of  such  writ,  the  fact  of  his  insanity  shall 
be  inquired  into  and  determined.  The  medical 
history  of  the  patient,  as  it  appears  in  the  clinical 
records,  shall  be  given  in  evidence,  and  the  super- 
intendent in  charge  of  the  state  hospitals  wherein 
such  person  is  held  in  custody,  and  any  other  per- 
son shall  be  sworn  touching  the  mental  condition 
of  such  person. 

Sec.  14.  The  superintendent  of  a  state  hospital. 


424  Insane. 

on  filing  his  written  certificate  with  the  secretary 
of  board  of  managers,  may  discharge  any  patient, 
except  one  held  upon  an  order  of  a  court  or  judge 
having  criminal  jurisdiction  in  an  action,  or  pro- 
ceeding arising  out  of  a  criminal  offense  at  any 
time,  as  follows: 

1.  A  patient  who,  in  his  judgment,  is  recovered; 

2.  Any  patient  who  is  not  recovered,  but  whose 
discharge,  in  the  judgment  of  the  superintendent, 
Mill  not  be  detrimental  to  the  public  welfare,  or 
injurious  to  the  patient; 

provided,  however,  that  before  making  such  cer- 
tificate, the  superintendent  shall  satisfy  himself, 
by  sufii-cient  proof,  that  the  friends  or  relatives  of 
the  patient  are  willing  and  financially  able  to  re- 
ceive and  properly  care  for  such  patient  after  his 
discharge. 

When  the  superintendent  is  unwilling  to  certify 
to  the  discharge  of  an  unrecovered  patient,  upon 
request,  and  so  certifies  in  writing,  giving  his  rea- 
sons therefor,  any  superior  judge  of  the  county 
in  which  the  hospital  is  situated  may,  upon  such 
certificate  and  an  opportunity  of  a  hearing  there- 
on being  accorded  the  superintendent,  and  upon 
such  other  proofs  as  may  be  produced  before  him, 
direct,  by  order,  the  discharge  of  such  patient, 
upon  such  security  to  the  people  of  the  state  as  he 
may  require  for  the  good  behavior  and  mainte- 
nance of  the  patient.  The  certificate  and  the 
proof,  and  the  order  granted  thereon,  shall  be  filed 
in  the  clerk's  ofiice  of  the  county  in  which  the  hos- 
pital is  situated,  and  a  certified  copy  of  the  order 
in  the  hospital  from  which  the  patient  is  dis- 
charged. The  superintendent  may  grant  a  parole 
to  a  patient,  not  exceeding  thirty  days,  under  gen- 
eral conditions  prescribed  by  the  commission. 
The  commission  may,  by  order,  discharge  any  pa- 
tient who  is  not  insane,  nor  a  proper  case  for 
treatment  within  the  meaning  of  this  act.  A  poor 
and  indigent  patient  discharged  by  the  superin- 
tendent because  he  is  an  idiot,  or  an  epileptic,  not 
insane,  or  because  he  is  not  a  proper  case  for 
treatment  within  the  meaning  of  this  act,  shall  be 
returned  to  the  county  from  which  he  was  com- 
mitted, to  be  cared  for  as  are  other  indigent  poor. 
A  patient  committed  to  a  hospital  under  the  pro- 


Insane.  425 

visions  of  chapter  six,  title  ten,  part  two,  of  the 
Penal  Code  of  this  state,  shall,  upon  the  certifi- 
cate of  the  superintendent  that  such  person  has 
recovered,  approved  by  the  superior  judge  of  the 
county  from  which  the  patient  was  committed, 
be  redelivered  to  the  sheriff  of  such  county,  and 
dealt  with  as  provided  for  by  said  chapter  six  of 
the  Penal  Code. 

Sec.  15.  No  patient  shall  be  discharged  from  a 
stato  hospital  without  suitable  clothing  adapted  to 
the  season  in  which  he  is  discharged;  and  if  it 
cannot  otherwise  be  obtained,  the  steward  shall, 
upon  the  order  of  the  superintendent,  furnish  the 
same,  and  money,  not  exceeding  twenty-five  dol- 
lars, to  defray  his  necessary  expenses  until  he 
can  reach  his  relatives  or  friends,  or  fiad  an  em- 
ployment to  earn  a  subsistence. 

Sec.  16.  If  an  order  be  issued  by  any  judge, 
committing  to  a  state  hospital  a  poor  or  indigent 
person  who  has  not  acquired  a  legal  residence  in 
this  state,  the  board  of  managers  shall  return 
such  insane  person,  either  before  or  after  his  ad- 
mission to  a  state  hospital,  to  the  country  or  state 
to  which  he  belongs,  and  for  such  purpose  may 
expend  as  much  of  the  money  appropriated  for 
the  care  of  the  insane  as  may  be  necessary,  sub- 
ject to  the  recommendation  of  the  state  lunacy 
commission,  and  the  approval  of  the  state  board  of 
examiners. 

Sec.  17.  No  person,  association,  or  corporation 
shall  establish  or  keep  an  institution  for  the  care, 
custody,  or  treatment  of  the  insane  for  compensa- 
tion, or  hire,  without  first  obtaining  a  license 
therefor  from  the  commission.  Every  application 
for  such  license  shall  be  accompanied  by  a  plan 
of  the  premises  proposed  to  be  occupied,  describ- 
ing the  capacities  of  the  buildings  for  the  uses  in- 
tended, the  extent  and  location  of  grounds  appur- 
tenaut  thereto,  and  the  number  of  patients  pro- 
posed to  be  received  therein,  with  such  other  in- 
formation, and  in  such  form,  as  the  commission 
may  require.  The  commission  shall  not  grant  any 
such  license  without  first  having  made  an  exam- 
ination of  the  premises  proposed  to  be  licensed, 
and  be  satisfied  that  they  are  substantially  as  de- 
scribed, and  are  otherwise  fit  and  suitable  for  the 
purposes  for  which  they  are  designed  to  be  used, 


426  Insane. 

and  that  such  license  shall  be  granted.  The  com- 
mission may,  at  any  and  all  times,  examine  and 
ascertain  how  far  a  licensed  institution  is  con- 
ducted in  compliance  with  the  license  thtrcf  or,  and 
after  due  notice  to  the  institution,  and  opportunity 
for  it  lo  be  heard,  the  commission,  having  made 
a  record  of  the  proceeding  upon  such  hearing, 
may,  if  the  interests  of  the  inmates  of  the  institu- 
tion so  demand,  for  just  and  reasonable  cause 
then  appearing,  and  to  be  stated  in  its  order, 
amend  or  revolve  any  such  license  by  an  order  to 
talve  effect  within  such  time  after  the  service 
thereof  upon  the  licensee  as  the  commission  shall 
determine.  The  authorities  of  each  institution 
for  the  insane  shall  place  on  file  in  the  oflice  of  the 
institution  the  recommendations  made  by  the  com- 
missioners, as  a  result  of  their  visits,  for  the  pur- 
pose of  consultation  by  such  authorities,  and  for 
reference  by  the  commissioners  upon  their  visits. 

Sec.  18.  That  all  appropriations  made  by  the 
legislature  shall  be  made  separate  and  distinct 
for  each  state  hospital,  and  the  commissioners,  in 
paying  the  expenses  incurred  by  them,  shall  be 
paid  pro  rata  from  the  funds  of  the  several  state 
hospitals,  and  the  state  controller  is  hereby  au- 
thorized to  draw  his  warrants  for  the  same. 

Sec.  19.  Nothing  in  this  act  shall  affect  the  ten- 
ure of  the  officers  of  the  existing  institutions,  nor 
the  fixed  salary  of  any  officer  elected  by  existing 
boards  of  trustees  or  directors  of  asylums  of  this 
Btate  during  their  present  term  of  office. 

Sec.  21  >.  All  acts  or  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 

Sec.  21.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

An  act  in  relation    to  the  superintendent  of    the 
state  insane  asylum. 

[Approved  April  1,  1872;  1871-2,  845.] 
This  act,   providing  for  the  attendance  of  the 
superintendent  of  the  Napa  asylum  at  the  said 
meetings  was  repealed  by   the  act  of  March  30, 
1878,  given  below: 


Insane.  427 

An  act  in  relation  to  ttie  state  insane  as>lum. 

[Approved  INLarch  30,  1878;  1877-8,  767.] 

Superintendent  or  assistant  to  attend  meetings  of 
superintendents  of  American  institutions  for 
the  insane. 

Section  1.  Tlie  superintendent  of  tlie  state  msane 
asylum  at  Stockton,  or  one  of  his  assistants,  may 
attend  the  annual  meetings  of  the  superintendents 
of  the  American  institutions  for  the  insane,  and 
the  expenses,  not  to  exceed  four  hundred  dollars 
per  annum,  must  be  audited  and  allowed  by  the 
board  of  examiners,  and  paid  out  of  the  state 
treasury.  The  resident  physician  of  the  Napa 
state  asylum  for  the  insane,  or  one  of  his  assist- 
ants, may  also  attend  such  annual  meetings,  and 
the  expenses,  not  to  exceed  four  hundred  dollars 
per  anuum,  shall  also  be  audited  by  the  board  of 
examiners,  and  paid  out  of  the  state  treasury;  pro- 
vided, that  the  medical  superintendent,  or  one  of 
his  assistants,  of  the  Stockton  asylum,  may  attend 
said  meeting  in  the  year  eighteen  hundred  and 
seventy-eight,  and  the  resident  physician,  or  one 
of  his  assistants,  of  the  Napa  asylum,  may  attend 
said  meeting  in  the  year  eighteen  hundred  and 
seventy-nine,  and  thereafter  the  said  physicians 
shall  attend  said  meeting  alternately. 
Repeal. 

Sec.  2.  An  act  entitled  an  act  in  relation  to  the 
superintendent  of  the  state  insane  asylum,  ap- 
proved April  first,  eighteen  hundred  and  seventy- 
two,  is  hereby  repealed. 

Sec.  3.    This  act  shall  take  effect  immediately. 

STOCKTON. 

Consult  the  following  acts: 

An  act  to  provide  for  the  erection  of  new  build- 
ings, and  for  the  permanent  improvement  of 
the  buildings  upon  the  grounds  of  the  Ftate  asy- 
lum for  the  insane  at  Stockton,  and  to  appro- 
priate money  therefor. 

[Approved  March  15,  1889;  1889,  199.] 
Fifty  thousand  dollars  was  appropriated  for  the 
purpose  indicated. 


428  I  risane. 

An  act  makiug  an  appropriation  for  supplying 
water,  light,  and  fuel  for  the  state  insane  asy- 
ium  at  Stockton,  and  to  repeal  an  act  entitled 
"An  act  making  an  appropriation  for  supply- 
ing water,  light,  and  fuel  for  the  state  insane 
asylum  at  Stockton,"  approved  March  11,  1889. 
[Approved  March  16,  1889;  1889,  225.] 
This  act    appropriated    forty  thousand    dollars, 

and  repealed  a  similar  appropriation  bill  approved 

March  11,  1889. 

An  act  empowering  directors  of  Stockton  asy- 
lum to  provide  for  the  construction  and  mainte- 
nance of  an  open  canal  from  and  along  North 
street  in  the  city  of  Stockton  to  the  San  Joaquin 
river  for  sanitary  and  drainage  purposes  was  ap- 
proved March  12,  1887:  Stats.  1887,  p.  109. 

An  act  to  provide  for  furnishing  the  boiler-house 
and  for    repairing    the    buildings    upon    the 
grounds  of  the  state  asylum  for  the  insane  at 
Stockton,  and  to  appropriate  money  therefor. 
[Approved   March  14,   1889;   1889,   142.] 
Twenty-nine  thousand  thousand    seven  hundred 
and  fifty  dollars  was  appropriated  for  the     pur- 
pose indicated. 

An  act  to  provide  for  certain  improvements  in  the 
state  insane  asylum  at  Stockton,  California, 
and  making  an  appropriation  therefor. 

[Approved  March  23,  1893;  Stats.  1893,  p.  188.] 
Ten  thousand  dollars  was  appropriated  for  the 

purpose  indicated. 

An  act  to  provide  for  the  purchase  of  apparatus 
and  appliances  for  the  protection  of  the  build- 
ings and  property  of  the  state  insane  asylum 
at  Stockton.  California,  and  making  an  appro- 
priation  therefor. 

[Approved  March  23.  1893;  Stats.  1893,  p.  189.] 
The  act  provided  five  thousand  dollars  for  this 
purpose. 


Insaoe.  429 

An  act  to  provide  for  the  erection  of  a  building  for 
the  insane  at  the  state  asylum  at  Stockton, 
and  for  the  improvement  of  the  drainage  and 
w^ater  supply  thereof. 

[Approved  March  13,  1883;  1883,  288. 
This  act  appropriated  one  hundred  an<l   sixty- 
three  thousand  dollars  for  the  purposes  mentioned 
in  the  title. 

NAPA. 

Consult  the  following  acts: 

An  act  for  the  appropriation  of  money  for  the 
erection  of  buildings,  and  improvements,  and 
the  purchase  of  land  for  the  Napa  state  asy- 
lum for  the  insane. 

[Approved  March  13,  1883;  1883,  284.] 
The  act  appropriated  thirteen  thousand  five  hun- 
dred dollars  for  the  purpose  indicated  in  the  title. 

An  act  to  appropriate  four  hundred  and  ninety- 
four  thousand  dollars  to  pay  the  valid  and 
equitable  claims  against  the  state,  incurred  in 
building  the  Napa  state  asylum  for  the  insane, 
and  to  complete  said  structure,  supply  water 
therefor,  and  improve  the  grounds  on  which 
it  is  situate. 

[Approved  April  1,  1876;  1875-6,  804.] 
This  act,  besides  appropriating  money  as  indi- 
cated in  the  title,  required  the  trustees  to  investi- 
gate all  claims  for  indebtedness  incurred  by  the 
board  of  directors  appointed  under  the  act  of 
March  27,  1872. 

A  further  sum  of  forty-eight  thousand  dollars 
was  appropriated  for  paying  outstanding  liabili- 
ties and  covering  deficiencies  by  act  of  April  3, 
1876;  1875-6,  851. 

An  act  to  provide  a  supply  of  water  for  the  Napa 

state  asylum  for  the  insane. 

[Approved  April  3,  1876;  1875-6,  883.] 

This  act  provided  for  the  condemnation  for  the 

purpose  of  supplying  water  to  the  asylum  of  any 


430  Insane. 

springs  and  natural  sources  of  water  supply  with- 
in a  mile  and  a  half  of  the  asylum  grounds. 

An  act  to  provide  for  the  erection  of  a  building 
for  the  insane  at  the  state  insane  asylum  at 
Stockton. 
[Approved  April  15,  1880;  1880,  61  (Ban.  ed.  234.)] 
This  act  appropriated  eighty-five  thousand  dol- 
lars for  the  purpose  indicated  in  the  title. 

An  act  to  provide  for  the  purchase  of  additional 

grounds  for  the  state  insane  asylum  at  Napa. 

[Approved  March  14,  1881;  1881,  88.] 

This  act  appropriated  twelve  thousand  dollars 

to  purchase  a  tract  of  land  from  W.  H.  Coombs, 

for   the   purpose   mentioned. 

A  similar  act  was  also  approved  March  27,  1895, 
Stats.  1895,  p.  240. 

An  act  to  provide  for  the  construction  and  fur- 
nishing of  tAvo  infirmaries  at  the  Napa  state 
asylum  for  the  insane,  and  making  an  appro- 
priation therefor. 

[Approved  March  16,  1889;  1889,  209. 
This  act  appropriated    twenty-eight    thousand 
dollars  for  the  purpose  indicated. 

An  act  to  provide  further  accommodation  for  the 
insane  of  the  state  of  California,  and  to  pro- 
vide a  special  fund  therefor, 
[Approved  March  27,  1872;  1871-2,  673.] 
This  act  provides  for  the  establishment  of  a  new 
asylum  for  the  insane;  for  the  appointment  of  com- 
missioners to  select  a  site,  and  for  the  construc- 
tion and  manasrement  of  the  institution.    The  site 
selected  was  Napa,  and  tlie  asylum  has  been  built 
there.     Its  management,  as  provided  by  this  act, 
has,  however,  been  superseded  by  the  provisions 
of  the  act  of  March  G,  1876,  given  below.    By  sec- 
tion 22  of  that  act,  as  will  be  seen  by  reference  to 
it,  this  act  was  continued  in  force  only  for  a  spe- 
cial purpose.    Under  the  circumstances,  this  act 
is  omitted,  except  its  title  and  reference  as  above. 


Insaue.  431 

Ad  act  to  prohibit  the  sale  of  intoxicating  liquors 
within  a  certain  distance  of  the  Napa  state 
asylum  for  the  insane. 
[Approved  January  15,  1874;  1873-4,  27.] 

An  act  to  provide  for  the  completion  of  the  Napa 
state  asylum  for    the    insane,  and  for    other 
purposes. 
[Approved  March  24,  1874;  1873-4,  565.  ] 
This  act  appropriated  six  hundred  thousand  dol- 
lars for  the  completion  of  the  Napa  insane  asylum, 
legc'ilized  contracts  then  made,  and  required  the 
asylum  to  be  completed  for    the  sum  so    appro- 
priated. 

• 

An  act  to  provide  for  the  future  management  of 
the  Napa  state  asylum  for  the  insane. 
[Approved  March  6,  1876;  1875-6,  133.] 
This  act  was  amended  March  17,  1887,   Stats. 
1887,  p.  177,  and  March  19,   1889,   Stats.  1889,  p. 
351;  March  13,  1883,  Stats.  1883,  p.  281. 

An  act  to  authorize  and  empower  the  board  of 
trustees  of  the  Napa  State  Asylum  for  the 
Insane  to  sell  and  convey  a  portion  of  real 
property  situate  in  Napa  county,  in  the  State 
of  California,  and  belonging  to  said  state,  to 
Napa  county,  for  the  purpose  of  a  public  high- 
way, and  to  sell  and  convey  a  certain  other 
portion  of  said  tract  to  an  individual  or  indi- 
viduals. 

[Approved  March  20,  1889;  1889,  422.  J 
The  purpose  of  this  act  is  indicated  by  the  title. 

An  act  to  provide  for  certain  improvements  and 
repairs  at  the  Napa  State  Asylum  for  the  In- 
sane, and  making  an  appropriation  therefor. 
[Approved  March  16,  1889;  1889,  205.] 
This  act  appropriated  four  thousand  dollars  for 
the  improving  and  laying  new  planking  and  floor- 
ing in  corridors  and  hallways. 


432  Insane. 

SOUTHERN     CALIFORNIA. 

Consult  the  following  acts: 

Ad  act  to  provide  for  the  erection  and  manage- 
ment of  a  State  hospital  for  the  insane,  to  be 
located  in  southern  California. 

[Approved  March  11,  1889;  1889,  120.] 
See  also  amendatory  acts  of    March    31,   1891, 
Stats.  1891,  p.  481,  and  March  27,  1895,  Stats.  1895, 
p.  207. 

An  act  making  an  appropriation     for     additional 
improvements  for*    the     southern     California 
State  hospital  for  the  insane. 
[Approved  April  6,  1891;  Stats.  1891,  p.  495.] 

An  act  mailing  an  appropriation  to  pay  the  defi- 
ciency in  the  appropriation  for  additional  im- 
provements for  the  southern  Caliifornia  state 
asylum  for  the  insane  and  inebriates. 
[Approved  March  3,  1893;  Stats.  1893,  p.  G9.] 

An  act  malting  an  appropriation  for  the  erection 
of  additional  buildings  and  improvements  for 
the  southern  California  State  asylum  for  the 
insane  and  inebriates. 
[Approved  March  3,  1893;  Stats.  1893,  p.  70.] 
One  hundred  and  seventeen  thousand  five  hun- 
dred dollars  was  appropriated  for  the  purpose  in- 
dicated. 

An  act  to  provide  for  certain  iinprovoments  at  the 
Southern  California  state  hospital,  and  mak- 
ing an  appropriation  therefor. 

[Apiiroved    March    22.    1.S99:  Stats.  1899,  ch. 

CXI..] 

An  act  authorizing  the  trustees  to  convey  cer- 
tain water  rights,  approved  March  27,  ":895.  St.ils. 
1895,  p.  232. 


Insane.  433 

MENDOCINO     ASYLUM. 

Consult  the  following  acts: 

An  act  entitled  an  act  to  establish  a  branch  in- 
sane asylum  for  the  insane  of  the  State  of 
California  at  Ukiah,  to  be  known  as  the  Men- 
docino State  insane  asylum,  and  appropriating 
money  therefor. 

[Approved  February  20,  1889;  Stats.  1889,  p.  25.] 

An  act  to  appropriate  $100,000  for  the  Mendo- 
cino state  asylum,  to  complete  the  female 
ward;  to  purchase  furniture,  and  furnish  the 
buildings  erected  and  to  be  erected  by 
the  directors  of  said  asylum;  to  con- 
struct a  plant  for  lighting  said  build- 
ings; to  improve  the  grounds  thereof;  to 
purchase  live-stock  and  agricultural  imple- 
ments to  be  used  for  asylum  purposes;  to  con- 
struct a  carpenter-shop  and  morgue  thereon; 
to  furnish  the  bakery;  to  construct  a  dam  to 
furnish  a  water  supply  to  said  asylum;  for 
fencing  the  ground,  and  constructing  a  sewer 
system;  for  purchasing  laundry  machinery  and 
kitchen  furniture;  to  appropriate  money  there- 
for, and  provide  for  the  expenditure  of  the 
same. 
[Approved  March  3,  1893;  Stats.  1893,  p.  67.] 

An  act  entitled  an  act  to  appropriate  money  to 
pay  the  claims  of  McGowan  and  Butler  for 
building  retaining  walls  to  "The  Mendocino 
State  Asylum  for  the  Insane,"  for  grading  and 
terracing  the  grounds  thereof,  and  for  con- 
structing a  drainage  and  sewer  system  in  and 
about  the  buildings,  which  work  was  perform- 
ed on  and  material  furnished  said  asylum  un- 
der contracts  with  the  board  of  directors  of 
said  asylum. 

[Approved  March  9,  1893;  Stats.  1893,  p.  110.] 

An  act  to  change  the  name  of  the  Mendocino 
State  Asylum  for  the  Insane  to  Mendocino 
Asylum. 

[Approved  March  3,  1893;  Stats.  1893,  p.  75.] 
Gen.   Laws— 37. 


434  Insurance. 

An  act  to  appropriate  sixty  thousand  dollars  for 
the  erection  of  an  administration  building  for 
the  use  and  occupancy  of  the  officers,  employ- 
ees, and  patients  of  the  Mendocino  Asylum;  to 
purchase  furniture  and  furnish  the  building 
so  to  be  erected  by  the  directors  of  said  asy- 
lum; to  appropriate  money  therefor,  and  pro- 
vide for  the  expenditure  of  the  same. 

[Stat,  approved  April  1,  1897,  stats.  1S9T;  chap, 
cclxiv.] 

AGNEWS. 

Consult  the  following  acts: 

An  act  to  provide  an  additional  asylum  for  the 
insane  of  the  state  of  California. 

[Approved  March  9.  J 885;  Stats.  1885,  p.  35.] 

An  act  to  amend  this  act  was  approved  March 
11,  1889,  Stats.  1889,  p.  130. 

An  act  appropriating  the  sum  of  two  hundred  and 
live  thousand  dollars  for  the  erection  of  addi- 
tional buildings  at  Agnews  for  the  use  of  the 
chronic  insane,  to  appropriate  money  therefcir, 
and  to  provide  for  the  expenditure  of  the  same. 
[Approved  March  14,  1889;  1889,  173.] 
This  act     appropriated  two     hundred     and  five 
thousand  dollars  for  the  purpose  indicated,  and 
took  effect  immediately. 

An  act  appropriating  the  sum  of  two  hundred  and 
fifty  thousand  dollars  for  the  erection  of  addi- 
tional buildings  for  the  use  of  the  chronic  in- 
sane, to  appropriate  funds  therefor,  and  to  pro- 
vide for  the  expenditure  of  the  same. 
[Approved  March  4,  1887;  1887,  18.] 


TITLE  130. 

INSOLVENCY. 

Acts  relating  to,   see  Code  of  Civil   Procedure, 
Appendix,  title  Insolvency,  p.  817. 


Interpreters— Inventory.  435 

TITLE  131. 

INSURANCE. 

An  Act  relative  to  the  noninsurance  of  property 
belonging  to  the  state  against  risk  of  damage 
or  destruction  bj^  fire. 

[Approved  March  10,  1891;  Stats.  1891,  70.] 
Section  1.  No  property  belonging  to  this  state 
shall  hereafter  be  insured  against  risk  of  damage 
or  destruction  by  fire,  and  no  policy  of  fire  insur- 
ance now  existing  upon  any  property  belonging 
to  this  state  shall  be  renewed  at  the  expiration 
thereof,  except  the  state  printing-office  and  its 
contents. 
Sec.  2.    This  act  shall  take  effect  immediately. 

For  other  acts  relating  to,  see  Civil  Code,  Ap- 
pendix, title  Insurance,  p.  777  et  seq. 

TITLE  132. 

INTERPRETERS. 

Acts  relating  to,  see  Code  of  Civil  Procedure,  Ap- 
pendix, title  Interpreters,  p.  856;  Penal  Code,  Ap- 
pendix, title  Interpreters,  p.  576. 

TITLE  133. 

INTOXICATING  LIQUORS. 

Acts  relating  to,  see  Penal  Code,  Appendix,  title 
Intoxicating  Liquors,  p.  578. 

TITLE  134. 

INVENTORY. 

An  act  to  require  an  inventory  of  the  state  and 
county  property,  and  directing  that  a  record 
of  the  same  be  kept. 

[Stat,  approved   February  9,   1897;   ch.   7.] 
The  nature  of  the  act  appears  from  its  title. 


436  Irrigation  Districts. 

TITLE  135. 

INYO  COUNTY. 

A  reference  to  special  acts  relating  to  Inyo 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  p.  599. 

^  TITLE  136. 

IRRIGATION  DISTRICTS. 

[The  Irrigation  Act  of  1897  can  be  found  post, 
p.  462.  As  the  irrigation  districts  now  in  force 
were  formed  under  the  prior  acts  and  as  the  legal 
questions  involved  in  relation  to  them  depend  up- 
on the  construction  of  these  prior  acts  it  is  deem- 
ed best  to  set  them  forth  in  full.] 

Au  Act  to  amend  "An  Act  amendatory  of  and 
supplemental  to  an  act  entitled  'An  Act  to  pro- 
vide for  the  organization  and  government  of 
irrigation  districts,  and  to  provide  for  the  ac- 
quisition of  water  and  other  property,  and  for 
the  distribution  of  Avater  thereby  for  irriga- 
tion purposes,'  approved  March  7,  1887,  pro- 
viding for  the  exclusion  of  certain  lands  with- 
in any  such  district." 
[Approved  Feb.  16,  1889;  Stats.  1889,  p.  21.] 

Boundaries  of  irrigation  districts,  how  clianged. 

Section  1.  The  boundaries  of  any  irrigation  dis- 
trict now  or  hereafter  organized  under  the  provi- 
sions of  r.n  act  entitled  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquistion  of  water 
and  other  propertj^  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved 
March  seventh,  one  thousand  eight  hundred  and 
eiglity-seven,  may  be  changed,  and  tracts  of  land 
which  were  included  within  the  boundaries  of 
such  district  at  or  after  its  organization  under  the 
provisions  of  said  act  may  be  excluded  therefrom, 
in  the  manner  herein  prescribed;  but  neither  such 
change  of  the  boundaries  of  the  district  nor  such 


Irrigation    Districts,  437 

exclusion  of  lands  from  the  district  shall  impair 
or  affect  its  organization,  or  its  right  in  or  to  prop- 
erty, or  anj^  of  its  rights  or  privileges  of  whatever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  dis- 
charge any  contract,  obligation,  lien,  or  charge  for 
or  upon  which  said  district  was  and  may  become 
liable  or  chargeable,  had  such  change  of  its 
boundaries  not  been  made  or  had  not  such  land 
been  excluded  from  the  district.  [Amendment  ap- 
proved March  25,  1893;  Stats.  1893,  516.] 
Petition  to  exclude  from  district. 

Section  2.  The  owner  or  owners  in  fee  of  one  or 
more  tracts  of  land  which  constitute  a  portion  of 
an  irrigation  district  may  jointly  or  severally  file 
with  the  board  of  directors  of  the  district  a  peti- 
tion, praying  that  such  tract  or  tracts,  and  any 
other  tracts  contiguous  thereto,  may  be  excluded 
and  taken  from  said  district.  The  petition  shall 
state  the  grounds  and  reasons  upon  which  it  is 
claimed  that  such  lands  should  be  excluded,  and 
shall  describe  the  boundaries  thereof,  and  also  the 
lands  of  such  petitioner  or  petitioners  which  are 
included  within  such  boundaries;  but  the  descrip- 
tion of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  en- 
tered in  the  assessment-book  by  the  county  as- 
sessor. Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  as  is  required  in  the 
case  of  a  conveyance  of  land,  and  the  acknowledg- 
ment shall  have  the  same  force  and  effect  as  evi- 
dence as  the  acknowledgment  of  such  a  convey- 
ance. [Amendment  approved  March  25,  1893, 
Stats.  1893,  516.] 
I'ublication  of  notice. 

Section  3.  The  secretary  of  the  board  of  direct- 
ors shall  cause  a  notice  of  the  filing  of  such  peti- 
tion to  be  published  for  at  least  two  weeks  in  some 
newspaper  published  in  the  county  where  the  of- 
fice of  the  board  of  directors  is  situated,  and  if  any 
portion  of  such  territory  to  be  excluded  lie  within 
another  county  or  counties,  then  said  no- 
tice shall  be  so  published  in  a  newspaper 
published  within  each  of  said  counties;  or 
if  no  newspaper  be  published  therein,  then 
by  posting  such  notice  for  the  same  time 
in  at  least  three  public  places  in  said  district, 
and  in  case  of  the  posting  of  said  notices  one  of 


438  Irrigation    Districts. 

said  notices  must  be  so  posted  on  the  lands  pro- 
posed to  be  excluded.  The  notice  shall  state  the 
filing  of  sucli  petition,  the  names  of  tlie  petitioners, 
a  description  of  the  lands  mentioned  in  said  peti- 
tion, and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interested  in.  or  who  may  be 
affected  by  such  change  of  the  boundaries  of  the 
district,  to  appear  at  tlie  ofiice  of  said  board  at 
a  time  named  in  said  notice,  and  show  cause,  in 
writing,  if  any  they  have,  why  the  change  of  the 
boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.  The  time  to  be 
specified  in  the  notice  at  which  they  shall  be  re- 
quired to  show  cause  sliall  be  the  regular  meeting 
of  the  board  next  after  the  expiration  of  the  time 
for  the  publication  of  the  notice.  [Amendment  ap- 
proved March  25,  1893;  Stats.  1893,  516.] 
Hearing  of  petition. 

Section  4.  The  board  of  directors,  at  the  time 
and  place  mentioned  in  tlie  notice,  or  at  the  time 
or  times  to  which  the  hearing  of  said  petition  may 
be  adjourned,  shall  proceed  to  hear  the  petition, 
and  all  evidence  or  proofs  that  may  or  shall  be  in- 
troduced by  or  on  behalf  of  the  petitioner  or  peti- 
tioners, and  all  objections  to  such  petition  that 
may  or  shall  be  presented  in  writing  by  any  per- 
son showing  cause  as  aforesaid,  and  all  evidence 
and  proofs  that  may  be  introduced  in  support  of 
such  objections.  Such  evidence  shall  be  taken 
down  in  shorthand,  and  a  record  made  thereof  and 
tiled  with  the  board.  The  failure  of  any  person 
interested  in  said  district,  other  than  the  holders 
of  bonds  thereof  outstanding  at  the  time  of  the 
filing  of  said  petition  with  said  board,  to  show 
cause,  in  writing,  why  the  tract  or  tracts  of  land 
mentioned  in  said  petition  should  not  be  excluded 
from  said  district,  sliall  be  deemed  and  taken  as 
an  assent  by  him  to  the  exclusion  of  such  tract  or 
tracts  of  land,  or  any  part  thereof,  from  said  dis 
trict;  and  the  tiling  of  such  petition  with  said 
board,  as  aforesaid,  shall  be  deemed  and  taken  as 
an  assent  to  each  and  all  of  such  petitioners  to 
the  exclusion  from  such  district  of  the  lands  men- 
tioned in  the  petition,  or  any  part  thereof.  The 
expenses  of  giving  said  notice  and  of  the  afore- 
said proceeding  shall  be  paid  by  tlie  person  or  per- 
sons filing  such  petition.  [Amendments  approved 
March  25,  1893;  Stats.  1893,  516.] 


Irrigation   Districts.  439 

Action  of  board  of  directors  on  petition. 

Section  5.  If,  upon  the  bearing  of  any  sucb  peti- 
tion, no  evidence  or  proofs  in  support  tbereof  be 
introduced,  or  if  the  evidence  fail  to  sustain  said 
petition,  or  if  tbe  board  deem  it  not  for  tbe  best 
interests  of  the  district  that  tbe  lands,  or  some 
portion  tbereof,  mentioned  in  tbe  petition  sbould 
be  excluded  from  tbe  district,  tbe  board  sball  or- 
der tbat  said  petition  be  denied  as  to  sucb  lands; 
but  if  tbe  said  board  deem  it  for  tbe  best  interests 
of  tbe  district  tbat  tbe  lands  mentioned  in  tbe  pe- 
tition, or  some  portion  tbereof,  be  excluded  from 
tbe  district,  and  if  no  person  interested  in  tbe  dis- 
trict show  cause,  in  writing,  wby  tbe  said  lands, 
or  some  portion  tbereof,  sbould  not  be  excluded 
from  tbe  district,  or  if,  liaving  sbown  cause,  with- 
draws tbe  same,  or  upon  tbe  hearing  fails  to  estab- 
lish sucb  objections  as  be  may  have  made,  then  it 
sball  be  the  duty  of  tbe  board  to,  and  it  sball  forth- 
with make,  an  order  that  the  lands  mentioned  and 
described  in  the  petition,  or  some  defined  portion 
tbereof,  be  excluded  from  said  district;  provided, 
that  it  shall  be  the  duty  of  said  board  to  so  order, 
upon  petition  therefor  as  aforesaid,  that  all  lands 
so  petitioned  to  be  excluded  from  said  district 
shall  be  excluded  therefrom  which  cannot  be  irri- 
gated from,  or  which  are  not  susceptible  to,  or 
would  not,  by  reason  of  being  permanently  devot- 
ed to  uses  other  than  agricultural,  horticultural, 
viticultural,  or  grazing,  be  directly  benefited  by 
tbe  actual  irrigation  of  the  same  from  a  common 
source,  or  by  the  same  system  of  works  with  the 
other  lands  of  said  district,  or  from  the  source  se- 
lected, cliosen,  or  provided,  or  the  system  adopted 
for  the  irrigation  of  the  lands  of  said  district,  or 
which  are  already  irrigated  or  entitled  to  be  irri- 
gated from  another  source  or  by  another  system 
of  irrigation  works:  but  no  lands  included  within 
the  limits  of  any  city  or  town,  or  which  sball  have 
been  subdivided  into  town  lots  or  blocks,  shall  be 
excluded  under  the  provisions  of  this  act,  and  no 
lands  irrigated  or  entitled  to  be  irrigated  from 
another  source  or  by  another  system  of  irrigation 
works,  shall  be  excluded  under  tbe  provisions  of 
this  act,  from  any  district  organized  before  tbe 
passage  of  this  act.  [Amendment  approved  March 
25,  1893;  Stats.  1893,  516.] 


440  IiTigatiou    Districts. 

Outstanding  bonds. 

Section  6.  If  there  be  outstanding  bonds  of  the 
district  at  the  time  of  the  filing  of  said  petition, 
the  holders  of  such  outstanding  bonds  may  give 
their  assent,  in  writing,  to  the  effect  that  they  sev- 
erally consent  that  the  lands  mentioned  in  the 
petition,  or  such  portion  thereof  as  may  be  ex- 
cluded from  said  district  by  order  of  said  board, 
or  the  decree  of  the  superior  court  as  hereinafter 
provided,  may  be  excluded  from  the  district,  and 
if  said  lands,  or  any  portion  thereof,  be  thereafter 
excluded  from  the  district,  the  lands  so  excluded 
shall  be  released  from  the  lien  of  such  outstanding 
bonds.  The  assent  must  be  acknowledged  by  the 
several  holders  of  such  bonds  in  the  same  manner 
and  form  as  is  required  in  case  of  a  conveyance 
of  land,  and  the  acknowledgment  shall  have  the 
same  force  and  effect  as  evidence  as  the  acknowl- 
edgment of  such  conveyance.  The  assent 
shall  be  filed  with  the  board,  and  must 
be  recorded  in  the  minutes  of  the  board; 
and  said  minutes,  or  a  copy  thereof,  certified  by 
the  secretary  of  said  board,  shall  be  admissible 
in  evidence,  with  the  same  effect  as  the  said  as- 
sent, and  such  certified  copy  thereof  may  be  re- 
corded in  the  office  of  the  county  recorder  of  the 
county  wherein  said  lands  are  situated.  [Amend- 
ment approved  March  25,  1893;  Stat.  1893,  516.] 

Sections  7  and  8  repealed,  amendment  approved 
March  25,  1893,  Stats  1893,  p.  516. 
Orders  to  be  filed  in  the  recorder's  office. 

Section  9.  In  the  event  the  said  board  of  direct- 
ors shall  exclude  any  lands  from  said  district  upon 
petition  therefor,  or  in  the  event  any  lands  be  ex- 
cluded from  the  said  district  by  a  decree  of  court, 
as  hereinafter  provided  for,  upon  receipt  of  a  cer- 
tified copy  of  a  decree  so  made,  it  shall  be  the 
duty  of  the  board  of  directors  to  make  an  entry 
in  the  minutes  of  the  board,  describing  the  boun- 
daries of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of 
said  district,  and  for  that  purpose  the  board  may 
cause  a  survey  to  be  made  of  such  portions  of  the 
district  as  the  board  may  deem  necessary;  and  a 
certified  copy  of  the  entry  in  the  minutes  of  the 
board  excluding  any  land,  whether  after  or  with- 
out said  decree  of  exclusion,  certified  by  the  presi- 


Irrigation   Districts.  441 

dent  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  with- 
in which  are  situated  any  of  the  lands  of  the  dis- 
trict; but  said  district,  notwithstanding  such  ex- 
clusion, shall  be  and  remain  an  irrigation  district 
as  fully,  to  every  intent  and  purpose,  as  it  would 
be  had  no  change  been  made  in  the  boundaries  of 
the  district,  or  had  the  lands  excluded  therefrom 
never  constituted  a  portion  of  the  district. 
[Amendment  approved  March  25,  1893;  Stat.  1893, 
516. 
Vacancy,  filling  of. 

Section  10.  If  the  lands  excluded  from  any  dis- 
trict under  this  act  shall  embrace  the  greater  por- 
tion of  any  division  or  divisions  of  such  district, 
then  the  office  of  director  for  such  division  or  di- 
visions shall  become  and  be  vacant  at  the  expira- 
tion of  ten  days  from  the  final  order  of  the  board, 
or  the  decree  of  the  superior  court  as  provided  in 
this  act,  excluding  said  lands,  and  such  vacancy 
or  vacancies  shall  be  filled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  office 
of  such  board  is  situated,  from  the  district  at 
large.  A  director  appointed  as  above  provided 
shall  hold  his  office  until  the  next  regular  election 
for  said  district,  and  until  his  successor  is  elected 
and  qualified.  [Amendment  approved  March  25, 
1893;  Stats.  1893,  516.]  ' 
Division  of  districts. 

Section  11.  At  least  thirty  days  before  the  next 
general  election  of  such  district,  the  board  of  di- 
rectors thereof  shall  malje  an  order  dividing  said 
district  into  five  divisions,  as  nearly  equal  in  size 
as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  fourth,  and  fifth,  and  one 
director  shall  be  elected  by  each  division.  For  the 
purposes  of  election  in  such  district,  the  board  of 
directors  must  establish  a  convenient  number  of 
election  precincts  and  define  the  boundaries  there- 
of, which  said  precincts  may  be  changed  from 
time  to  time,  as  the  board  of  directors  may  deem 
necessary.  [Amendment  approved  March  25, 
1893:  Stats.  1893,  p.  516.] 
Rights  of  guardians,  executors,  etc. 

Sec.  12.  A  guardian  and  executor,  or  an  admin- 
istrator of  an  estate,  who  is  appointed  as  such 
under  the    laws    of   this    state,  and  who  as  such 


442  Irrigation  Districts. 

guardian,  executor,  or  administrator,  is  entitled  ta 
the  possession  of  the  lands  belonging  to  the  estate 
which  he  represents,  may,  on  behalf  of  his  ward^ 
or  the  estate  which  he  represents,  upon  being 
thereto  properly  authorized  by  the  proper  court, 
sign  and  aclvnowledge  the  petition  in  this  act 
mentioned,  and  may  show  cause,  as  in  this  act  pro- 
vided, why  the  boundaries  of  the  district  should 
not  be  changed.  [Amendment  approved  March 
25,  1893;  Stats.  1893,  516.] 
Excluded  lands,  liability  of. 

Sec.  13.  Nothing  in  this  act  provided  shall  in 
any  manner  operate  to  release  any  of  the  lands  so 
excluded  from  the  district  from  any  obligation  to 
pay,  or  any  lien  thereon,  of  any  valid  outstanding 
bonds  or  other  indebtedness  of  said  district  at  the 
time  of  the  filing  of  said  petition  for  the  exclu- 
sion of  said  lands,  but,  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  an- 
swerable and  chargeable  for  and  with  the  pay- 
ment and  discharge  of  all  of  said  outstanding  ob- 
ligations at  the  time  of  the  filing  of  the  petition 
for  the  exclusion  of  said  land,  as  fully  as  though 
said  petition  for  such  exclusion  were  never  filed 
and  said  order  or  decree  of  exclusion  never  made; 
and  for  the  purpose  of  discharging  such  outstand- 
ing indebtedness,  said  lands  so  excluded  shall  be 
deemed  and  considered  as  part  of  said  irrigation 
district  the  same  as  thougli  said  petition  for  its 
exclusion  had  never  been  filed,  or  said  order  or 
decree  of  exclusion  never  made;  and  all  provisions 
which  may  have  been  resorted  to  to  compel  the 
payment  by  said  lands  of  its  quota  or  portion  of 
said  outstanding  obligations,  had  said  exclusion 
never  been  accomplished,  may,  notwithstanding 
said  exclusion,  be  resorted  to  to  compel  and  en- 
force the  payment  on  the  part  of  said  lands  of  its 
quota  and  portion  of  said  outstanding  obligations 
of  said  irrigation  district  for  which  it  is  liable,  as 
herein  provided.  But  said  land  so  excluded  shall 
not  bo  lield  answerable  or  chargeable  for  any  ob- 
ligation of  any  nature  or  kind  whatever  incurred 
after  the  filing  witli  the  board  of  directors  of  said 
district,  the  petition  for  the  exclusion  of  said  lands 
from  tlie  said  district,  provided,  tliat  the  provi- 
sions of  this  section  shall  not  apply  to  any  out- 
standing bonds,  the  holders  of  which  have  assent 


Irrigation   Districts.  -143 

ed  to  tl\e  exclusion  of  such  lands  from  said  dis- 
trict, as  liereinbefore  provided.  [Amendment  ap- 
proved Marcli  25,  1893;  Stats.  1893,  516.] 

Sec.  14.  Tliis  act  sliall  talce  effect  from  and  af- 
ter its  passage. 

An  Act  amendatory  of  and  supplemental  to  an 
"An  Act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  pro- 
vide for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water 
thereby  for  irrigation  purposes,"  approved 
March  7,  1887,  and  providing  for  a  change  of 
the  boundaries  of  irrigation  districts,  by  in- 
cluding other  lands  therein. 
[Approved  February  16,  1889;  1889,  18.] 
Change  of  boundaries,  how  affected. 

Section  1.  The  boundaries  of  any  irrigation  dis- 
trict now  or  hereafter  organized  under  the  provi- 
sions of  an  act  entitled  "An  Act  to  provide  for  the 
organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  of  water 
and  water  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved 
March  7,  1887,  may  be  changed  in  the  manner 
herein  prescribed;  but  such  change  of  the  boun- 
daries of  the  district  shall  not  impair  or  affect  its 
organization,  or  its  rights  in  or  to  property,  or  any 
of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  nor  shall  it  aif'fect,  impair,  or  discharge 
any  contract,  obligation,  lien,  or  charge  for  or 
upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  change  of  its  boundaries  not 
been  made. 

Holders  of  title  may  petition  for  change  of  boun- 
daries. 
Sec.  2.  The  holder  or  holders  of  title,  or  evi- 
dence of  title,  representing  one-half  or  more  of 
any  body  of  lands  adjacent  to  the  boundary  of  an 
irrigation  district,  which  are  contiguous,  and 
which,  taken  together,  constitute  one  tract  of  land, 
may  file  with  the  board  of  directors  of  said  district 
a  petition  in  writing,  praying  that  the  boundaries 
of  said  district  may  be  so  changed  as  to  include 
therein  said  lands.  The  petition  shall  describe  the 
boundaries  of  said  parcel  or  tract  of  land,  and 
shall  also  describe  the  boundaries  of  the  several 


444  Irrigation    Districts. 

parcels  owned  by  the  petitioners,  if  the  petitioners 
be  the  owners  respectively  of  distinct  parcels,  but 
such  descriptions  need  not  be  more  particular  than 
they  are  required  to  be  when  such  lands  are  en- 
tered by  the  county  assessor  in  the  assessment- 
booli.  Sucli  petition  must  contain  the  assent  of 
the  petitioners  to  the  inclusion  within  said  district 
of  the  parcels  or  tracts  of  land  described  in  the 
petition,  and  of  which  said  petition  alleges  they 
are  respectively  the  owners:  and  it  must  be  ac- 
knowledged in  the  same  manner  that  conveyances 
of  land  are  required  to  be  aclinowledged. 
Publication  of  petition. 

Sec.  3.  The  secretary  of  the  board  of  directors 
shall  cause  a  notice  of  the  filing  of  such  petition 
to  be  given  and  published  in  the  same  manner  and 
for  the  same  time  that  notices  of  special  elections 
for  the  issue  of  bonds  are  required  by  said  act  to 
be  published.  The  notice  shall  state  the  filing  of 
such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  peti- 
tion, and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interested  in  or  tliat  may  be 
affected  by  such  change  of  the  boundaries  of  the 
district  to"  appear  at  the  office  of  said  board  at  a 
time  named  in  said  notice  and  show  cause  in  writ- 
ing, if  any  they  have,  why  the  change  in  the  boun- 
daries of  said  district,  as  proposed  in  said  peti- 
tion, should  not  be  made.  The  time  to  be  specified 
in  the  notice  at  which  they  shall  be  required  to 
show  cause  shall  be  the  regular  meeting  of  the 
board  next  after  the  expiration  of  the  time  for  the 
publication  of  the  notice.  The  petitioners  shall  ad- 
vance to  the  secretary  sufficient  money  to  pay  the 
estimated  costs  of  all  proceedings  under  this  act. 
Hearing  of  petition. 

Sec.  4.  Tlie  bonrd  of  directors,  at  the  time  and 
I))ace  mentioned  in  the  said  notice,  or  at  such 
other  time  or  times  to  which  the  hearing  of  said 
]ietition  may  be  adjourned,  shall  proceed  to  hear 
the  petition,  and  all  the  objections  thereto  pre- 
sented in  writing  by  any  person  showing  cause  as 
fi foresaid  why  said  proposed  change  of  the  boun- 
daries of  tlie  district  should  not  be  made.  The 
failure  by  any  person  interested  in  said  district,  or 
in  the  matter  of  the  proposed  change  of  its  boun- 
daries, to  show  cause,   in  writing,   as   aforesaid, 


Irrigation    Districts.  445 

shall  be  deemed  and  taken  as  an  assent  on  his 
part  to  a  change  of  the  boundaries  of  the  district 
as  prayed  for  in  said  petition,  or  to  such  a  change 
thereof  as  will  include  a  part  of  said  lands.  And 
the  filing  of  such  petition  with  said  board,  as 
aforesaid,  shall  be  deemed  and  taken  as  an  assent 
on  the  part  of  each  and  all  of  such  petitioners  to 
such  a  change  of  said  boundaries  that  they  may 
include  the  whole  or  any  portion  of  the  lands  de- 
scribed in  said  petition. 
Petitioners  may  be  assessed. 

Sec.  5.  The  board  of  directors  to  whom  such  pe- 
tition is  presented  may  require  as  a  condition  pre- 
cedent to  the  granting  of  the  same  that  the  peti- 
tioners shall  severally  pay  to  such  district  such  re- 
spective sums,  as  nearly  as  the  same  can  be  esti- 
mated (the  several  amounts  to  be  determined  by 
the  board),  as  said  petitioners  or  their  grantors 
would  have  been  required  to  pay  to  such  district 
as  assessments  had  such  lands  been  included  in 
such  district  at  the  time  the  same  was  originally 
formed. 
When  petition  may  be  rejected. 

Sec.  (3.  The  board  of  directors,  if  they  deem  it 
not  for  the  best  interests  of  the  district  that  a 
change  of  its  boundaries  be  so  made  as  to  include 
therein  the  lands  mentioned  in  the  petition,  shall 
order  that  the  petition  be  rejected.  But  if  they 
deem  it  for  the  best  interests  of  the  district  tliat 
the  boundaries  of  said  districts  be  changed,  and  if 
no  person  interested  in  said  district  or  the  propos- 
ed change  of  its  boundaries  shows  cause  in  writ- 
ing why  the  proposed  change  should  not  be  made, 
or  if,  having  shown  cause,  withdraws  the  same, 
the  board  may  order  that  the  boundaries  of  the 
district  be  so  changed  as  to  include  therein  the 
lands  mentioned  in  said  petition  or  some  part 
thereof.  The  order  shall  describe  the  boundaries 
as  changed,  and  shall  also  describe  the  entire 
boundaries  of  the  district  as  they  will  be  after  the 
change  thereof  as  aforesaid  is  made;  and  for  that 
purpose  the  board  may  cause  a  survey  to  be  made 
of  such  portions  of  such  boundary  as  is  deemed 
necessary. 
Resolution  of  board  to  change  boundaries. 

Sec,  7.    If  any  person  Interested  in  said  district, 
Gen.  Law^s— 38. 


446  IrrlgatioD    Districts. 

or  the  proposed  change  of  its  boundaries,  shall 
show  cause  as  aforesaid  why  such  boundaries 
should  not  be  changed,  and  shall  not  withdraw  the 
same,  and  if  the  board  of  directors  deem  it  for  the 
best  interests  of  the  district  that  the  boundaries 
thereof  be  so  changed  as  to  include  therein  the 
lands  mentioned  in  the  petition,  or  some  part  there- 
of, the  board  shall  adopt  a  resolution  to  that  ef- 
fect. The  resolution  shall  describe  the  exterior 
boundaries  of  the  lands  wiiich  the  board  are  of  the 
opinion  should  be  included  within  the  boundaries 
of  the  district  Avhen  changed. 
Election  to  determine  change  of  boundaries. 

Sec.  8.  Upon  the  adoption  of  the  resolution  men- 
tioned in  the  last  preceding  section,  the  board 
shall  order  that  an  election  be  held  within  said  dis- 
trict, to  determine  whether  the  boundaries  of  the 
district  shall  be  changed  as  mentioned  in  said 
resolution;  and  shall  fix  the  time  at  which  such 
election  shall  be  held,  and  cause  notice  thereof  to 
be  given  and  published.  Such  notice  shall  be  given 
and  published,  and  such  election  shall  be  held  and 
conducted,  the  returns  thereof  shall  be  made  and 
canvassed,  and  the  result  of  the  election  ascertain- 
ed and  declared,  and  all  things  pertaining  thereto 
conducted  in  the  manner  prescribed  by  said  act  in 
case  of  a  special  election  to  determine  whether 
bonds  of  an  irrigation  district  shall  be  issued.  The 
ballots  cast  at  said  election  shall  contain  tlie 
words  "For  change  of  boundary,"  or  "Against 
change  of  boundary,"  or  words  equivalent  there- 
to. The  notice  of  election  shall  describe  the  pro- 
posed change  of  tlie  boundaries  in  such  manner 
and  terms  that  it  can  readily  be  traced. 
Duty  of  board  on  result  of  election. 

Sec.  9.  If  at  such  election  a  majority  of  all  the 
votes  cast  at  said  election  shall  be  n gainst  such 
change  of  the  boundaries  of  the  district,  the  board 
shall  order  that  said  petition  be  denied,  and  shall 
proceed  no  further  in  that  matter.  But  if  a  major- 
ity of  such  votes  be  in  favor  of  such  change  of  the 
boundaries  of  the  district,  the  board  shall  there- 
upon order  that  tlie  boundaries  be  changed  in  ac- 
cordance with  said  resolution  adopted  by  the 
board.  The  said  order  shall  describe  the  entire 
boundaries  of  said  district,  and  for  that  purpose 
the  board  may  cause  a  survey  of  such  portions 


Irrigation   Districts.  447 

thereof  to  be  made  as  the  board  may  deem  neces- 
sary. 
Change  of  boundaries  to  be  recorded. 

Sec.  10.  Upon  a  change  of  the  boundaries  of  a 
district  being  made,  a  copy  of  the  order  of  the 
board  of  directors  ordering  such  change,  certified 
by  the  president  and  secretary  of  the  board,  shall 
be  filed  for  record  in  the  recorder's  oflice  of  each 
county  within  which  are  situated  any  of  the  lands 
of  the  district,  and  thereupon  the  district  shall  be 
and  remain  an  irrigation  district,  as  fully,  and  to 
every  intent  and  purpose,  as  if  the  lands  which  are 
included  in  the  district  by  the  change  of  the  boun- 
daries as  aforesaid  had  been  included  therein  at 
the  original  organization  of  the  district. 
Recording  petition  in  minutes. 

Sec.  11.  Upon  the  filing  of  the  copies  of  the  or- 
der as  in  the  last  preceding  section  mentioned,  the 
secretary  shall  record  in  the  minutes  of  the  board 
the  petition  aforesaid;  and  the  said  minutes,  or  a 
certified  copy  thereof,  shall  be  admissible  in  evi- 
dence, with  the  same  effect  as  the  petition. 
Rights  of  guardian,  execuior,  etc. 

Sec.  12.  A  guardian,  an  executor,  or  an  admin- 
istrator of  an  estate,  who  is  appointed  as  such 
under  the  laws  of  this  state,  and  who,  as  such 
guardian,  executor,  or  administrator,  is  entitled  to 
the  possession  of  the  lands  belonging  to  the  estate 
which  he  represents,  may,  on  behalf  of  his  ward 
or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  in  this  act  mentioned, 
and  may  show  cause,  as  in  this  act  mentioned,  why 
the  boundaries  of  the  district  should  not  be 
changed. 
Redivision  of  districts. 

Sec.  13.  In  case  of  the  inclusion  of  any  land 
within  any  district  by  proceedings  under  this  act, 
the  board  of  directors  must,  at  least  thirty  days 
prior  to  the  next  succeeding  general  election,  make 
an  order  redividing  such  district  into  five  divisions, 
as  nearly  equal  in  size  as  may  be  practicable, 
which  shall  be  numbered  first,  second,  third, 
fourth,  and  fifth,  and  one  director  shall  thereafter 
be  elected  by  each  division.  For  the  purposes  of 
elections  the  board  of  directors  must  establish  a 


448  Irrigation   Districts. 

convenient  number  of  election  precincts  in  said 
districts,  and  define  the  boundaries  thereof,  which 
said  precincts  may  be  changed  from  time  to  time, 
as  the  board  maj^  deem  necessary. 

Sec.  14.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  Act  supplemental  to  an  act  entitled  "An  Act  to 
provide  for  the  organization  and  government 
of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and 
for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  and 
to  provide  for  the  examination,  approval,  and 
confirmation  of  proceedings  for  the  issue  and 
sale  of  bonds  issued  under  the  provisions  of 
said  act. 
[Approved  March  16,  1889;  1889,  212.] 
Proceeding  to  determine  as  to  sale  of  bonds. 

Section  1.  Q'he  board  of  directors  of  an  irriga- 
tion district,  now  or  hereafter  organized  under  the 
provisions  of  the  act  entitled  "An  act  to  provide 
for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  of  wa- 
ter and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved 
March  seventh,  eighteen  hundred  and  eighty-sev- 
en, may  commence  a  special  proceeding  in  and  by 
which  the  proceedings  of  said  board  and  of  said 
district,  providing  for  and  authorizing  the  issue 
and  sale  of  the  bonds  of  said  district,  whether 
said  bonds  or  any  of  them  have  or  have  not  then 
been  sold,  may  be  judicially  examined,  approved, 
and  confirmed. 

Petition  of  directors  asking  judicial  determination. 
Sec.  2.  The  board  of  directors  of  the  irrigation 
district  shall  file  in  the  superior  court  of  the  coun- 
ty in  wliich  the  lands  of  the  district,  or  some  por- 
tion tliereof,  are  situated,  a  petition  praying,  in 
effect,  that  the  proceedings  aforesaid  may  be  ex- 
amined, approved,  and  confirmed  by  the  court. 
The  petition  shall  state  the  facts  showing  the  pro- 
ceedings had  for  the  issue  and  sale  of  said  bonds; 
and  sliall  state  generallj^  that  the  irrigation  dis- 
trict was  duly  organized,  and  that  the  first  board 
of  directors  was  duly  elected;  but  the  petition  need 
not  state  the  facts  showing  such  organization  of 


Irrigation   Districts,  449 

the  district,  or  the  election  of  said  first  board  of 

directors. 

Hearing. 

Sec.  B.  The  court  shall  fix  the  time  for  the  hear- 
ing of  said  petition,  a^jd  shall  order  the  clerli  of 
the  court  to  give  and  publish  a  notice  of  the  filing 
of  said  petition.  The  notice  shall  be  given  and 
published  in  the  same  manner,  and  for  the  same 
length  of  time,  that  a  notice  of  a  special  election 
provided  for  by  said  act  to  determine  whether  the 
bonds  of  said  district  shall  be  issued  is  required  to 
be  given  and  published.  The  notice  shall  state  the 
time  and  place  fixed  for  the  hearing  of  the  petition, 
and  the  prayer  oC  the  petition,  and  that  any  per- 
son interested  in  the  organization  of  said  district, 
or  in  the  proceedings  for  the  issue  or  sale  of  said 
bonds,  may,  on  or  before  the  day  fixed  for  the 
hearing  of  said  petition,  demur  to  or  answer  said 
petition.  The  petition  may  be  referred  to  and  de- 
scribed in  said  notice  as  the  petition  of  the  board 

of  directors  of  irrigation  district  (giving  its 

name),  praying  that  the  proceedings  for  the  issue 
and  sale  of  the  bonds  of  said  district  may  be  ex- 
amined, approved,  and  confirmed  by  said  court. 
Interested  parties  may  answer  petition. 

Sec.  4.  Any  person  interested  in  said  district,  or 
in  the  issue  or  sale  of  said  bonds,  may  demur  to 
or  ansAver  said  petition.  The  provisions  of  the 
Code  of  Civil  Procedure  respecting  the  demurrer, 
and  the  answer  to  a  verified  complaint,  shall  be 
applicable  to  a  demurrer  and  answer  to  said  peti- 
tion. The  persons  so  demurring  to  or  answering 
said  petition  shall  be  the  defendants  to  said  special 
proceeding,  and  the  board  of  directors  shall  be  the 
plaintiff.  Every  material  statement  of  the  petition 
not  specifically  controverted  by  the  answer  must, 
for  the  purposes  of  said  special  proceeding,  be 
taken  as  true;  and  each  person  failing  to  answer 
the  petition  shall  be  deemed  to  admit  as  true  all 
the  material  statements  of  the  petition.  The  rules 
of  pleading  and  practice,  provided  by  the  Code  of 
Civil  Procedure,  which  are  not  inconsistent  with 
the  provisions  of  this  act,  are  applicable  to  the 
special  proceedings  herein  provided  for.  A  motion 
for  a  new  trial  must  be  made  upon  the  minutes  of 
the  court.  The  order  granting  a  new  trial  must 
specify  the  issues  to  be  re-examined  on  such  new 


450  Irrigation   Districts. 

trial,  and  the  findings  of  the  conrt  upon  the  other 
issues  shall  not  be  affected  by  such  order  granting 
a  new  trial. 
Jurisdiction  of  court. 

Sec.  5.  Upon  the  hearing  of  such  special  pro- 
ceedings, the  court  shall  have  power  and  jurisdic- 
tion to  examine  and  determine  the  legality  and 
validity  of,  and  approve  and  confirm,  each  and  all 
of  the  proceedings  for  the  organization  of  said  dis- 
trict under  the  provisions  of  the  said  act,  from 
and  including  the  petition  for  the  organization  of 
the  district,  and  all  other  proceedings  which  may 
affect  tlie  legality  or  validity  of  said  bonds,  and 
the  order  for  the  sale,  and  the  sale  thereof.  The 
court,  in  inquiring  into  the  regularity,  legality,  or 
correctness  of  said  proceedings,  must  disregard 
any  error,  irregularity,  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  to  said 
special  proceeding;  and  it  may  approve  and  con- 
firm such  proceedings  in  part,  and  disapprove  and 
declare  illegal  or  invalid  other  and  subsequent 
parts  of  the  proceedings.  The  court  shall  find  and 
determine  whether  the  notice  of  the  filing  of  said 
petition  has  been  duly  given  and  published,  for 
the  time  and  in  the  manner  in  this  act  prescribed. 
The  cost  of  the  special  proceedings  may  be  allowed 
and  apportioned  between  all  the  parties,  in  the 
discretion  of  the  court. 
Appeal,  when  must  be  taken. 

Sec.  G.  An  appeal  from  an  order  granting  or  re 
fusing  a  new  trial,  or  from  the  judgment,  must  be 
taken  by  the  party  aggrieved  within  ten  days 
after  the  entry  of  said  order  or  said  judgment. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  supplemental  to  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government  of 
irrigation  districts,  and  to  provide  for  the  ac- 
quisition of  water  and  other  property,  and  for 
the  distribution  of  water  thereby  for  irrigation 
purposes,"  approved  March  7,  1887.  providing 
for  reducing  the  bonded  indebtedness  thereof. 
[Approved  March  23,  1893;  Stats.  1893,  p.  276.] 
Section  1.    Whenever  the  board  of  directors  of 

an  irrigation  district  nrgnnized  under  and  pursu- 


Irrigation   Districts.  451 

ant  to  the  provisions  of  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government  of  ir- 
rigation districts,  and  to  provide  for  tlie  acquisi- 
tion of  water  and  other  property,  and  for  the  dis- 
tribution of  water  thereby  for  irrigation  pur- 
poses," approved  March  seventh,  eighteen  hun- 
dred and  eighty-seven,  shall  determine  that  the 
authorized  bonded  indebtedness  of  such  irrigation 
district  is  greater  than  such  district  is  liable  to 
need  to  complete  its  system  as  planned,  and  there 
be  no  outstanding  bonds,  the  board  of  directors 
may  call  a  special  election  for  the  purpose  of  vot- 
ing upon  a  proposition  to  reduce  such  bonded  in- 
debtedness to  such  sum  as  the  board  may  deter- 
mine to  be  sufficient  for  such  purpose. 

Sec.  2.  Such  election  shall  be  held  in  the  same 
manner  as  other  elections  held  under  the  provis- 
ions of  this  act.  A  notice  of  the  said  election  shall 
be  given  in  the  same  manner  as  i^rovided  in  sec- 
tion fifteen  of  said  act,  in  relation  to  calling  spe- 
cial elections  for  issuance  of  bonds.  The  notice 
of  election  must  state  the  amount  of  the  author- 
ized bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same; 
also  the  date  on  which  said  election  will  be  held 
and  the  polling  places,  as  established  by  said 
board  of  directors.  The  ballots  cast  at  said  elec- 
tion shall  contain  the  words  "For  reducing  bonds— 
les,"  or  "P'or  reducing  bonds— No." 

Sec.  3.  When  the  vote  is  canvassed  by  the 
board  of  directors  and  entered  of  record,  if  a  ma- 
jority of  the  votes  cast  shall  be  "For  reducing 
bonds— Yes,"  then  in  that  event  the  board  of  di- 
rectors shall  only  be  empowered  to  issue  or  sell 
such  amount  of  bonds  as  was  stipulated  in  the 
said  notice  of  such  special  election;  but  if  a  ma- 
jority of  said  votes  are  not  "For  reducing  bonds- 
Yes,"  then  the  authority  to  issue  bonds  shall  re- 
main the  same  as  before  said  special  election  was 
held. 

Sec.  4.  In  case  there  be  outstanding  bonds  of 
any  district  desiring  to  take  advantage  of  the  pro- 
visions of  this  act,  the  assent  of  such  bondholders 
may  be  obtained  to  such  reduction  of  the  bonded 
indebtedness,  in  the  same  manner  as  provided  in 
section  six  of  an  act  supplemental  to  said  act,  en- 
titled "An  act  amendatory  of  and  supplemental  to 


452  Irrigation   Districts. 

an  act  entitled  'An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  thereby  for  irri- 
gation purposes,'  approved  March  seventh,  eigh- 
teen hundred  and  eighty-seven,  providing  tor  the 
exclusion  of  certain  lands  within  any  such  dis- 
trict," approved  February  sixteenth,  eighteen  hun- 
dred and  eighty-nine.  If  such  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that 
event,  such  district  shall  be  empowered  to  tali:e  ad- 
vantage of  all  the  provisions  of  this  act,  but  not 
otherwise. 

Sec.  5.  No  reduction  of  the  bonded  indebted- 
ness, as  in  this  act  provided,  shall  in  any  manner 
alfect  any  order  of  court  that  may  have  been 
made,  adjudicating  and  confirming  the  validity  of 
said  bonds. 

Sec.  6.    This  act  shall  take  effect  immediately. 


An  act  to  provide  for  the  issue  and  sale  or  ex- 
change of  funding  bonds  of  irrigation  districts 
organized  under  ''and  in  pursuance  of  an  act 
of  the  legislature  of  the  state  of  California  en- 
titled "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water 
thereby  for  irrigation  purposes,"  approved 
March  7,  1887,  to  provide  for  the  payment  of 
such  bonds,  and  for  proceedings  to  test  the  va- 
lidity of  the  same. 

[Approved  April  1,  1897;  Stats.  1897,  p.  3l»4.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  Whenever  an  irrigation  district  or- 
ganized under  the  provisions  of  an  act  entitled 
"An  act  to  i)rovide  for  the  organization  and  gov- 
ernment of  irrigation  districts,  and  to  provide  for 
the  acquisition  of  water  and  other  property,  and 
for  tlie  distribution  of  water  thereby  for  irriga- 
tion purposes,"  approved  Marcli  seventh,  eighteen 
hundred  and  eiglity-seven,  or  said  act  and  the  acts 
supplementary  thereto,  or  amendatory  thereof,  has 
outstanding  bonds,  coupons,  or  other  evidences  of 
indebtedness,  the  payment  thereof  may  be  pro- 


Irrigation    Districts.  453 

videcl  for  by  the  issuance  of  new  bonds,  in  the 
manner  hereinafter  prescribed. 

See.  2.  A  majority  in  number  of  the  holders  of 
title,  or  evidences  of  title  to  real  property  in  any 
irrigation  district,  subject  to  assessment,  such 
holders  of  title,  or  evidences  of  title,  representing 
a  majority  in  value  of  the  real  property  of  such 
district  according  to  the  equalized  assessment  roll 
or  rolls  of  such  district  for  the  year  last  preced- 
ing, may  propose  the  funding  of  such  bonds,  cou- 
pons, or  other  evidences  of  indebtedness.  Said 
equalized  assessment  roll  or  rolls  shall  be  suffi- 
cient evidence  of  title  for  the  purposes  of  this  act. 

Sec.  3.  In  order  to  propose  the  funding  of  such 
bonds,  coupons,  or  other  evidences  of  indebtedness, 
a  petition  shall  be  presented  to  the  board  of  direc- 
tors of  such  irrigation  district,  signed  by  a  major- 
ity in  number  of  holders  of  title,  or  evidences  of  ti- 
tle to  real  property  in  such  district,  and  represent- 
ing a  majority  in  value  of  the  real  property  of  said 
district,  subject  to  assessment  for  district  pur- 
poses, v^hich  petition  shall  set  forth  the  amount 
of  bonds,  coupons,  or  other  evidences  of  indebted- 
ness proposed  to  be  funded,  together  with  a  gen- 
eral description  of  same,  also  the  total  amount  of 
the  bonds  sought  to  be  issued  (provided,  that  saia 
amount  shall  in  no  case  be  greater  than  the  total 
amount  of  bonds,  coupons,  and  other  evidences  of 
indebtedness  then  outstanding  and  sought  to  have 
funded);  together  with  a  full  and  complete  state- 
ment of  the  purposes  for  which  such  bonds  are  to 
De  used.  On  presentation  of  such  petition,  tne 
same  shall  be  entered  in  full  on  the  minutes  of  the 
board. 

Sec.  4.  Immediately  after  the  recording  of  said 
petition,  the  board  shall  call  a  special  election,  at 
which  shall  be  submitted  to  the  electors  of  such 
district  the  question,  whether  or  not  the  bonds  of 
such  district  in  the  amount  set  forth  in  said  peti- 
tion shall  be  issued.  Notice  of  such  election  must 
be  given  by  posting  notices  in  three  public  places 
in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  publication  of  such  no- 
tice in  some  newspaper  published  in  the  county 
where  the  ofRce  of  the  board  of  directors  of  such 
district  is  required  ^o  be  kept,  once  a  weeli  for  at 
least  three  successive  weel^s  before  such  election. 
Such  notice  must  specify  the  time  of  holding  the 


454  Irrigation    Districts. 

election,  the  amount  of  bonds  proposed  to  be  is- 
sued, tlie  purposes  for  whicli  they  are  to  be  issued, 
together  with  a  general  description  of  the  indebt- 
edness sought  to  be  funded,  except  as  herein  oth- 
erwise provided.  Said  election  shall  be  held  and 
the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity 
with  the  provisions  governing  the  election  of  offi- 
cers as  provided  by  the  law  governing  irrigation 
districts  at  tlie  time  of  the  holding  of  the  election 
herein  provided  for;  provided,  that  no  informali- 
ties in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  At  such  election,  the  ballots 
shall  contain  the  words  "Bonds— Yes,"  or  "Bonds 
—No,"  or  words  equivalent  thereto.  If  two-thirds 
of  the  votes  cast  are  "Bonds — Yes,"  the  board  of 
directors  shall  cause  bonds  in  said  amount  to  be 
issued.  If  more  than  one-third  of  the  votes  cast 
at  such  election  are  "Bonds — No,"  the  result  of 
such  election  shall  be  so  declared.  The  result  in 
either  case  shall  be  duly  entered  of  record. 

Sec.  5.  The  board  of  directors  shall  within  thir- 
ty days  after  the  issue  of  any  bonds  herein  pro- 
vided for  bring  an  action  in  the  superior  court  of 
the  county  wherein  is  located  the  office  of  such 
board,  to  determine  the  validity  of  any  such  bonds. 
Such  action  shall  be  in  the  nature  of  a  proceeding 
in  rem,  and  jurisdiction  of  all  parties  interested 
may  be  had  by  publication  of  summons 
for  at  least  once  a  week  for  three  weeks 
in  some  paper  of  general  circulation  pub- 
lished in  the  county  where  the  action  is 
pending,  such  paper  to  be  designated  by 
the  court  having  .iurisdiction  of  the  proceedings. 
Jurisdiction  shall  be  complete  within  thirty  days 
after  the  full  publication  of  such  summons  in  the 
manner  herein  provided.  Any  one  interested  may, 
at  any  time  before  the  expiration  of  said  thirty 
days,  appear  and  by  proper  proceedings  contest 
the  validity  of  such  bonds,  and  may  in  the  same 
action  or  proceeding  contest  the  validity  of  any 
bonds,  coupons,  or  other  evidences  of  indebted- 
ness referred  to  in  the  petition  for  funding  and 
proposed  to  be  funded,  and  if  any  such  bonds, 
coupons,  or  evidences  of  indebtedness  be  shown 
to  be  invalid,  then  the  same  shall  only  be  funded 
for  the  amount  of     such  proportion     thereof     as 


Irrigatiou   Districts.  455 

equals  the  fair  and  reasonable  value  of  whatever 
the  district  may  have  received  in  consideration 
therefor,  together  with  unpaid  interest  thereon, 
and  the  amount  of  such  proportion  shall  be  deter- 
mined and  adjudicated  by  the  court  in  said  action 
or  proceeding.  Such  action  shall  be  speedily  tried 
and  judgment  rendered  declaring  such  bonds  so 
contested  either  valid  or  invalid.  Either  party 
shall  have  the  right  to  appeal  at  any  time  within 
thirty  days  after  the  entry  of  such  judgment, 
which  appeal  must  be  heard  and  determined  with- 
in three  months  from  the  time  of  taking  such  ap- 
peal. 

Sec.  6.  If  no  such  proceeding  shall  have  been 
taken  by  the  board  of  directors,  then  at  any  time 
after  thirty  days  and  within  ninety  days  after  the 
issue  of  any  bonds  under  the  provisions  of  this 
act,  any  district  assessment-payer  may  bring  an 
action  in  the  superior  court  of  the  county  wherein 
the  otRce  of  the  board  of  directors  is  located,  to  de- 
termine the  validity  of  any  such  bonds.  The  board 
of  directors  shall  be  made  parties  defendant,  and 
service  of  summons  shall  be  made  on  the  mem- 
bers of  the  board  personally,  if  they  can  be  found 
within  the  state;  if  not,  then  by  publication  for 
three  weeks  in  some  newspaper  of  general  circu- 
lation within  the  county  wherein  the  office  of  the 
board  of  directors  is  located,  such  newspaper  to  be 
designated  by  the  court  having  jurisdiction.  Be- 
fore such  publication  can  be  had,  an  affidavit,  in 
the  usual  form,  shall  be  made,  showing  such  facts. 
Said  board  shall  have  the  right  to  appear  and  con- 
test such  action.  Notice  of  said  action  shall  be 
given  by  publication  of  summons  therein  in  the 
same  manner,  and  for  the  same  time  as  required 
in  the  preceding  section  hereof  in  actions  brought 
by  the  board,  and  at  any  time  within  thirty  days 
after  the  full  publication  of  such  summons  in  the 
manner  herein  provided.  Any  district  assessment 
payer  or  any  one  interested  may  appear  and  de- 
fend said  action,  and  thereafter  the  same  proceed- 
ings shall  be  had  in  such  action  as  are  hereinbe- 
fore provided  for  in  the  preceding  section  hereof 
in  actions  brought  by  the  board  of  directors,  and 
the  same  matters  determined  and  adjudicated  by 
the  court  therein.  Such  action  shall  be  speedily 
tried,  with  the  right  of  appeal  to  either  party. 


4oG  IiTigatiou    Districts. 

within  the  time  and  manner  herein  provided  for 
the  bringing  of  actions  by  the  board  to  determine 
such  matters.  Such  appeal  shall  be  heard  and  de- 
termined within  three  months  from  the  time  of 
taiiing  such  appeal. 

Sec.  7.  At  the  hearing  of  such  proceedings  the 
court  shall  hear  and  determine  the  sufficiency  of 
all  proceedings. 

Sec.  8.  If  more  than  one  action  shall  be  pending 
at  the  same  time  concerning  similar  contests  in 
this  act  provided  for,  they  shall  be  consolidated 
and  tried  together. 

Sec.  9.  The  court  hearing  any  of  the  contests 
herein  provided  for,  in  inquiring  into  the  regular- 
ity, legality,  or  correctness  of  such  proceedings, 
must  disregard  any  error,  irregularity,  or  omis- 
sion which  does  not  affect  the  substantial  rights 
of  the  parties  to  said  action  or  proceeding.  The 
rules  of  pleading  and  practice  provided  by  the 
Code  of  Civil  Procedure,  which  are  not  inconsist- 
ent with  the  provisions  of  this  act,  are  applicable 
to  all  actions  or  proceedings  herein  provided  for. 
Tlie  costs  of  any  hearing-  or  contest  herein  pro- 
vided for  may  be  allowed  and  apportioned  between 
the  parties,  or  taxed  to  the  losing  party,  in  the  dis- 
cretion of  the  court. 

Sec.  10.  No  contest  of  any  matter  or  thing  here- 
in provided  for  shall  be  made  other  than  within 
the  time  and  manner  herein  specified. 

Sec.  11.  if  said  bonds  are  directed  to  be  issued 
as  herein  provided  for,  the  board  of  directors  shall 
cause  the  same  to  be  issued.  Said  bonds  shall  be 
made  payable  in  gold  coin  of  the  United  States, 
and  in  twenty  series,  as  follows,  to-wit:  On  the 
first  day  of  January  after  the  expiration  of  twenty 
years,  five  per  cent  of  the  whole  amount  of  said 
bonds,  and  on  the  first  day  of  January  of  each 
year  thereafter,  an  equal  amount  of  such  bonds 
until  all  sliall  have  been  finally  paid;  that  is,  five 
per  cent  of  the  whole  issue  of  bonds— not  five  per 
cent  of  eacli  bond— each  being  wholly  payable 
when  due.  Said  bonds  shall  bear  interest  at  the 
rate  of  five  per  cent  per  annum,  payable  semi-an-. 
nually  on  the  first  day  of  January  and  July  of  each 
year.  They  shall  be  negotiable  in  form,  and  shall 
be  of  denominations  of  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars.  Said 
bonds  shall  in  all  respects  conform  to  the  form 


Trrigatiou   Districts.  457 

of  bonds  prescribed  by  the  laws  governing  irriga- 
tion districts  at  tlie  time  of  their  issue,  except  as 
herein  otlierwise  provided. 

Sec.  12.  It  shall  be  unlawful  to  sell  or  exchange 
any  of  the  bonds  issued  as  herein  provided,  for 
less  than  their  par  value. 

Sec.  13.  When  bonds  issued  under  this  act  shall 
be  duly  executed,  they  shall  be  deposited  with  the 
treasurer  of  tlie  district,  and  his  receipt  shall  be 
talien  therefor,  and  he  shall  be  charged  with  the 
same  on  his  official  bond,  and  shall  have  no  power 
to  deliver  the  same  in  exchange  for  any  bonds 
or  indebtedness  proposed  to  be  funded  until  the 
bonds  or  evidence  of  indebtedness  proposed  to  be 
funded  shall  have  been  surrendered  to  him,  and 
he  shall  have  been  ordered  by  the  board  of  direc- 
tors of  the  district,  by  an  order  duly  entered  on 
their  records,  to  make  such  delivery.  When  such 
bonds  have  been  exchanged  for  other  bonds,  cou- 
pons, or  other  evidences  of  indebtedness,  the  treas- 
urer shall  at  once  cancel  such  other  bonds,  cou- 
pons, or  other  evidences  of  indebtedness  by  writ- 
ing across  the  face  thereof  "canceled,"  and  the 
dace  of  cancellation,  and  report  the  same  with  his 
monthly  report  to  the  board  of  directors  of  the 
district,  designating  the  bond,  coupon,  or  other  evi- 
dence of  indebtedness,  so  that  it  can  be  identified, 
the  date  of  cancellation,  and  the  person  from 
whom  it  was  received,  together  with  the  amount 
paid  therefor,  or  the  terms  of  exchange,  in  case 
there  is  an  exchange. 

Sec.  14.  When  said  bonds  are  issued  for  the 
purpose  of  sale  to  the  highest  bidder,  the  board 
may  sell  said  bonds  from  time  to  time,  in  such 
quantities  as  may  be  necessary  and  most  advan- 
tageous, to  raise  money  to  pay  bonds,  coupons,  or 
other  evidences  of  indebtedness  of  the  district 
which  were  outstanding  at  the  time  of  the  filing  of 
said  petition,  and  generally  described  therein.  Be- 
fore making  any  sale,  the  board  shall  at  a  meeting, 
by  resolution,  declare  its  intention  to  sell  a  speci- 
fied amount  of  bonds,  which  resolution  shall  be  en- 
tered in  the  minutes,  and  notice  of  the  sale  shall  be 
given  by  publication  thereof  for  at  least  three 
weeks  in  a  newspaper  published  in  the  county  in 
which  the  office  of  the  board  of  directors  is  kept. 
Gen.  Laws— 39. 


458  Irrigation    Districts. 

The  notice  shall  state  that  sealed  proposals  will 
be  received  by  the  board  at  its  office  for  the  pur- 
chase of  bonds  till  the  day  and  hour  named  in  the 
resolution.  At  the  time  appointed  the  board  shall 
open  the  proposals  and  award  the  purchase  of 
bonds  to  the  highest  responsible  bidder,  or  may  re- 
ject all  bids;  but  said  bonds  shall  in  no  event  be 
sold  for  less  than  their  par  value,  including  ac- 
crued interest.  All  moneys  realized  from  the  sale 
of  bonds  issued  under  the  provisions  of  this  act 
shall  be  paid  into  the  hands  of  the  district  treas- 
urer, and  by  him  kept  in  a  separate  fund,  known 
as  the  funding  fund,  and  shall  be  applied  exclu- 
sively to  the  payment  of  bonds,  coupons,  or  other 
evidences  of  indebtedness  of  the  district  outstand- 
ing at  the  time  of  filing  the  said  petition,  and  de 
scribed  therein. 

Sec.  15.  At  the  time  fixed  for  the  levying  of  as- 
sessments for  other  purposes  authorized  by  the 
district  irrigation  law  then  in  force,  there  shall  be 
levied  an  assessment  sufficient  in  amount  to  pay 
the  principal  and  interest  then  due  and  un- 
paid on  any  bonds  issued  by  authority  of 
this  act,  and  also  the  amount  to  become 
due  on  any  such  bonds  during  the  year 
following  such  levy.  The  assessment  so  lev- 
ied shall  be  computed  and  entered  In  the  as- 
sessment roll  in  the  same  manner,  and  shall  be 
collected  at  the  same  time  and  in  the  same  man- 
ner as  other  assessments  authorized  by  the  district 
irrigation  law.  then  in  force,  and  when  collected, 
shall  be  paid  into  the  district  treasury,  for  the 
purposes  herein  authorized;  and  all  the  provisions 
of  said  district  Irrigation  law  relating  to  the  col- 
lection of  assessments  and  the  sale  and  redemption 
of  property  tlierefur  shall  be  applicable  to  the  as- 
sessments levied  under  this  act. 

Sec.  16.  The  bonds  issued  as  herein  provided  for 
may  be  exchanged,  at  not  less  than  their  par 
value,  including  accrued  interest,  for  any  of  the 
indebtedness  set  out  and  described  in  the  petition 
upon  which  such  funding  bonds  were  issued.  A 
contract  for  such  exchange  may  be  made  by  the 
board  of  directors  upon  such  terms  as  said  board 
may  deem  advisable;  provided,  that  they  must  al- 
ways receive  not  less  than  par  and  accrued  inter- 
est for  any  bonds  so  exchanged;  and  provided  fur- 


Irrigation   Districts.  459 

tlier,  tbat  no  bonds  shall  be  so  exchanged  except 
in  accordance  with  the  judgment  of  the  superior 
court  in  tlie  action  hereinbefore  provided  for,  or 
until  after  final  judgment  shall  have  been  entered 
in  said  action. 

Sec.  17.  Whenever  there  remains  in  the  hands 
of  the  treasurer  of  any  district  any  funding  bonds 
voted  to  be  issued  by  said  district,  but  not  used, 
and  not  necessary  to  be  used  for  the  funding  pur- 
poses set  out  and  described  in  the  petition  for  the 
issuance  of  said  bonds,  then  said  board  of  direc- 
tors, shall  at  a  regular  meeting,  within  three 
months  after  the  completion  of  the  funding,  cause 
the  same  to  be  destroyed  and  a  record  to  be  made 
thereof,  and  the  total  amount  of  bonds  so  destroy- 
ed and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  dis- 
trict, and  no  part  thereof  shall  be  thereafter  re- 
printed or  reissued. 

Sec.  IS.  Any  bonds  issued  under  the  provisions 
of  this  act  shall  be  a  lien  upon  the  property  of  the 
district. 

Sec.  19.  This  act  shall  take  effect  from  and 
after  its  passage. 

An  act  supplemental  to  an  act  entitled  "An  act 
to  provide  for  the  organization  and  government 
of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and 
for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  pro- 
viding for  the  destruction  of  all  or  any  part 
of  tae  bonds  of  any  irrigation  district  remain- 
ing unsold  after  the  conipletion  of  their  irriga- 
tion system. 

[Approved  March  26,  1895;  Stats.  1895,  p.  127.] 

Tiie  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Whenever  there  remains  in  the 
hands  of  the  board  of  directors  of  any  irrigation 
district  organized  under  the  provisions  of  "An  act 
to  provide  for  the  organization  and  government 
of  iriigation  districts,  and  to  provide  for  the  ac- 
quisition of  water  and  other  property,  and  for  the 
distribution  of  water  thereby  for  irrigation  pur- 
poses," approved  March  seventh,  eighteen  hundred 


460  Irrigation  Districts. 

and  eighty-seven,  after  tlie  completion  of  their 
ditch  system,  and  the  payment  of  all  demands 
against  sucli  district,  any  bonds  voted  to  be  issued 
by  said  district  but  not  sold,  and  not  necessary 
to  be  sold  for  raising  funds  for  the  use  of  such 
district,  the  board  of  directors  may  call  a  special 
election  for  the  purpose  of  voting  upon  a  proposi- 
tion to  destroy  said  unsold  bonds  or  so  many  of 
them  as  they  may  deem  best,  or  may  submit  such 
proposition  at  any  general  election. 

Sec.  2.  Such  election  shall  be  held  in  the  same 
manner  as  other  elections  held  under  the  provis- 
ions of  said  act.  A  notice  of  such  election  shall 
be  given  in  the  same  manner  as  provided  in  sec- 
tion fifteen  of  said  act  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  elec- 
tion must  state  the  amount  of  the  authorized  bond- 
ed indebtedness  of  such  district  authorized  by  the 
vote  of  tlie  district,  the  amount  of  the  bonds  re- 
maining unsold,  and  the  amount  proposed  to  be 
destroyed,  and  the  date  on  which  such  election  is 
proposed  to  be  held;  and  the  polling  places  as  fixed 
by  said  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  de- 
stroying bonds— Yes,"  and  "For  destroying  bonds 
—No,"  and  the  voter  must  erase  the  word  "No" 
in  case  he  favors  the  destruction  of  the  bonds,  oth- 
erwise the  word  "Yes," 

Sec.  3.  When  the  vote  is  canvassed  by  the 
board  of  directors  and  entered  of  record,  if  a  ma- 
jority of  the  votes  cast  should  be  found  to  be  in 
favor  of  the  destruction  of  such  bonds,  then  the 
president  of  the  board  in  the  presence  of  a  major- 
ity of  the  members  of  the  board,  must  destroy 
the  bonds  so  voted  to  be  destroyed;  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall 
be  deducted  from  the  sum  authorized  to  be  issued 
by  the  electors  of  said  district,  and  no  part  there- 
of shall  thereafter  be  reprinted  or  reissued. 

Sec.  4.  In  case  any  bonds  of  any  irrigation  dis- 
trict, remaining  unsold  after  the  completion  of  its 
irrigation  system,  shall  have  been  destroyed  in 
pursuance  of  a  vote  of  a  majority  of  the  voters  in 
such  district,  at  an  election  held  substantially  in 
accordance  with  the  provisions  of  this  act,  and 
prior  to  its  passage,  the  action  of  such  district  in 
so  destroying  such  bonds  is  hereby  ratified  and 
confirmed. 


Irrigation    Districts.  461 

Sec.  5.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


An  act  to  provide  for  the  redemption  of  property 
whicli  has  been  heretofore  sold  to  irrigation 
districts  for  delinquent  assessments. 

[Approved  March  10,  1891;  Stats.  1891,  p.  53.1 

Section  1.  In  all  cases  where  property  has  here- 
tofore been  sold  for  delinquent  assessments,  un- 
der the  provisions  of  the  act  of  xVIarch  seventh, 
eighteen  hundred  and  eighty-seven,  providing  for 
the  organization  of  irrigation  districts,  and  an  irri- 
gation district  has  become  the  purchaser,  and  has 
not  disposed  of  the  same,  the  person  whose  estate 
has  been  sold,  or  his  heirs,  executors,  administra- 
tors, or  other  successors  in  interest,  may  redeem 
such  property  by  paying  to  the  treasurer  of  the  dis- 
trict wherein  the  property  is  situated  the  amount 
of  assessments  due  thereon  at  the  time  of  the  sale, 
with  interest  thereon  at  the  rate  of  two  per  cent 
per  month;  and  also  all  assessments  that  were  a 
lien  upon  said  property  at  the  time  said  assess- 
ments became  delinquent;  and  also  for  each  year 
since  the  sale  for  which  assessments  on  said  prop- 
erty have  not  been  paid,  an  amount  equal  to  the 
percentage  of  assessments  for  that  year,  upon  the 
value  of  said  real  estate  assessed  for  the  year  of 
the  sale,  with  interest  from  the  first  day  of  Jan- 
uary of  each  of  said  years,  respectively,  at  the 
same  rate;  and  also  all  costs  and  expenses,  and 
fifty  per  cent  penalty,  which  may  have  accrued  by 
reason  of  such  delinquency  and  sale,  and  the  costs 
and  expenses  of  redemption,  as  herein  specified. 
The  board  of  directors  of  any  district  shall,  on 
the  application  of  any  person  desiring  to  redeem 
under  the  provisions  of  this  act,  make  an  esti- 
mate of  the  amount  to  be  paid,  and  shall,  by  a 
resolution  entered  on  their  minutes,  authorize  the 
treasurer  of  the  district,  on  the  receipt  of  the 
amount  determined  by  them,  to  give  him  triplicate 
certificates  of  the  amount,  specifying  the  several 
amounts  thereof,  one  of  which  certificates  shall  be 
tiled  with  the  secretary  of  the  district,  one  with 
the  county  recorder  of  the  county  in  which  the 
land  is  situated,  and  one  with  the  treasurer  of  the 


462  Irrigation   Districts. 

clistrict,  to  whom  payment  of  money  shall  be 
made,  on  the  issuance  of  said  certificates.  The 
county  recorder  shall  be  paid  by  the  redemptioner, 
for  filing  and  recording  said  certificate,  the  sum 
of  two  dollars,  and  upon  the  filing  of  such  receipt 
with  the  recordei-  any  deed  or  certificate  of  sale 
that  may  have  been  made  to  the  district  shall  be- 
come null  and  void,  and  all  right,  title,  and  inter- 
est acquired  by  the  district  under  and  by  virtue  of 
the  assessment  sale  shall  cease  and  determine. 
The  receipt  of  the  treasurer  of  the  district  here- 
in provided  for  shall  be  recorded  in  the  recorder's 
office  of  the  county  in  which  said  property  is  sit- 
uated, in  the  boolv  of  deeds,  and  the  record  thereof 
shall  have  the  same  effect  as  that  of  a  deed  of  re- 
conveyance of  the  interest  conveyed  by  said  deed 
or  certificate  of  sale. 
Sec.  2,    This  act  shall  take  effect  immediately. 


An  act  to  provide  for  the  organization  and  gov- 
ernment of  irrigation  districts,  and  to  provide 
for  the  acquisition  or  construction  thereby  of 
works  for  the  irrigation  of  the  lands  embraced 
within  such  districts,  and,  also,  to  provide  for 
the  distribution  of  water  for  irrigation  pur- 
poses. 

[Approved  March  31,   189";   Stats.   1897,   p.  254.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

ORGANIZATION. 

Section  1.  A  majority  in  number  of  the  holders 
of  title,  or  evidence  of  title,  to  lands  susceptible  of 
irrigation  from  a  common  source  and  by  the  same 
system  of  works,  such  holders  of  title,  or  evidence 
of  title,  representing  a  majority  in  value  of  said 
lauds,  according  to  the  equalized  county  assess- 
ment roll  or  rolls  for  the  year  last  preceding,  may 
propose  the  organization  of  an  irrigation  district, 
under  the  provisions  of  this  act.  Said  equalized 
assessment  roll  or  rolls  shall  be  suflicient  evidence 
of  title  for  the  purposes  of  this  act. 

Sec.  2.  In  order  to  propose  the  organization  of 
an  irrigation  district,  a  petition  shall  be  presented 


Irrij^atiou    Districts.  463 

to  tlie  board  of  supervisors  of  tlie  county  in  which 
the  lands  within  the  proposed  district,  or  the 
greater  portion  thereof,  are  situated,  signed  by 
the  required  number  of  holders  of  title,  or  evi- 
dence of  title,  to  lands  within  such  proposed  dis- 
trict, and  representing  the  requisite  majority  in 
value  of  said  lands,  which  petition  shall  set  forth 
the  boundaries  of  the  proposed  district,  and  shall 
state,  generally,  the  source  from  which  said  lands 
are  proposed  to  be  irrigated,  and  the  character  of 
the  worlvs  proposed  to  be  acquired  or  constructed 
for  irrigation  purposes,  and  shall  pray  that  the 
territory  embraced  within  the  boundaries  of  the 
proposed  district  may  be  organized  as  an  irriga- 
tion district  under  the  provisions  of  this  act.  The 
petition  must  be  accompanied  with  a  good  and 
sulhcient  undertaking,  to  be  approved  by  said 
board  of  supervisors,  in  double  the  amount  of  the 
probable  cost  of  organizing  such  district,  condi- 
tioned that  the  sureties  shall  pay  all  of  said  costs, 
in  case  said  organization  sliall  not  be  effected.  Said 
petition  shall  be  presented  at  a  regular  meeting 
of  said  board,  and  shall  be  published  for  at  least 
two  weeks  before  the  time  at  which  the  same  is 
to  be  presented,  in  some  newspaper  of  general  cir- 
culation printed  and  published  in  the  county  where 
said  petition  is  presented,  together  with  a  notice 
stating  the  time  of  the  meeting  at  which  the  same 
will  be  presented;  and  if  any  portion  of  the  lands 
within  said  proposed  district  lie  within  another 
county  or  counties,  then  said  petition  and  notice 
shall  be  published,  as  above  provided,  in  a  news- 
paper published  in  each  of  said  counties.  When 
such  petition  is  presented,  said  board  of  super- 
visors shall  hear  the  same,  and  may  adjourn  such 
hearing  from  time  to  time,  not  exceeding  four 
weeks  in  all.  And  on  the  final  hearing  said  board 
shall  make  such  changes  in  the  proposed  bounda- 
ries as  may  be  deemed  advisable,  and  shall  define 
and  establish  such  boundaries.  But  said  board 
shall  not  modify  said  boundaries  so  as  to 
exclude  from  such  proposed  district  any 
territory  which  is  susceptible  of  imgatiou 
from  a  common  source  and  by  the  same 
system  of  works  applicable  to  the  other  lands 
In  such  proposed  district;  nor  shall  any  lands 
which  will  not,  in  the  judgment  of  said  board,  be 


464  Irrigation    Districts. 

benefited  by  irrigation,  by  means  of  said  system 
of  works,  be  included  within  such  proposed  dis- 
trict. Any  person  whose  lands  are  susceptible 
of  irrigation  from  the  same  source  and  system 
of  worlis,  may,  upon  his  application,  in  the  dis- 
cretion of  said  board,  have  such  lands  included 
within  said  proposed  district. 

Sec.  o.  Upon  such  hearing  of  said  petition,  the 
board  of  supervisors  shall  determine  whether  or 
not  said  petition  complies  with  the  requirements 
of  sections  one  and  two  of  this  act,  and  for  that 
purpose  must  hear  all  competent  and  relevant  tes- 
timony offered  in  support  or  in  opposition  thereto. 
Such  determination  shall  be  entered  upon  the 
minutes  of  said  board  of  supervisors. 

Sec.  4.  The  right  of  appeal  from  said  order  to 
the  superior  court  of  the  county  where  said  peti- 
tion is  heard  is  hereby  given  to  any  person  inter- 
ested who  is  a  party  to  the  record;  provided,  that 
if  more  than  one  appeal  be  taken  they  shall  be 
consolidated  and  tried  together.  Such  appeal  shall 
be  taken  within  ten  days  after  the  entry  of  such 
order  upon  the  minutes  of  the  board  of  supervis- 
ors. The  appeal  shall  be  taken  and  heard  in  the 
same  manner  as  appeals  from  justices'  courts  to 
the  superior  court,  except  as  herein  othei-w^ise  pro- 
vided. Upon  the  appeal,  the  superior  court  may 
make  and  enter  its  judgment  affirming,  modifying, 
or  reversing  the  order  appealed  from.  Within  ten 
days  thereafter  the  superior  court  must  cause  its 
remittitur  to  issue  to  said  board  of  supervisors, 
and  if  said  order  of  the  board  of  supervisors  is 
modified  or  reversed,  the  judgment  of  the  superior 
court  and  its  remittitur  shall  direct  the  board  of 
supervisors  what  order  it  shall  enter.  Such  remit- 
titur shall  be  filed  by  the  clerk  of  the  board  of  su- 
pervisors, and  at  the  first  regular  meeting  of  the 
board  thereafter,  it  shall  cause  to  be  entered  in  its 
minutes  the  order  as  directed  by  said  superior 
court.  The  appeal  herein  provided  for  shall  be 
heard  and  determined  within  thirty  days  from  the 
time  of  tiling  the  notice  of  appeal. 

Sec.  5.  If,  on  said  final  hearing,  the  boundaries 
of  the  proposed  district  are  defined  and  establish- 
ed, said  board  shall  make  an  order  dividing  said 
district  into  five  divisions,  as  nearly  equal  in  size 
as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  fourth,  and  fifth,  and  one  di- 


Irrigation   Districts.  465 

rector  sliall  be  elected  for  each  division  by  ttie  elec- 
tors tliereof ;  provided,  that  if  so  requested  in  said 
petition,  the  board  may  order  that  there  shall  be 
only  three  divisions  in  said  district,  and  that  only 
three  directors  be  elected,  or  that  they  be  elected 
for  the  district  at  large. 

ELECTION  ON  ORGANIZATION. 

Sec.  6.  Said  board  of  supervisors  shall  then  give 
notice  of  an  election  to  be  held  in  such  proposed 
district,  for  the  purpose  of  determining  whether  or 
not  the  same  shall  be  organized  under  the  provis- 
ions of  this  act.  Such  notice  shall  describe  the 
boundaries  so  established,  and  shall  designate  a 
name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  weelis  pre- 
vious to  such  election,  in  a  newspaper  published 
within  the  county  in  wliich  the  petition  for  the 
organization  of  the  proposed  district  was  present- 
ed; and  if  any  portion  of  such  proposed  district  is 
within  another  county  or  counties,  then  such  no- 
tice sliall  be  published  for  the  same  length  of  time 
in  a  newspaper  published  in  each  of  said  coun- 
ties. Such  notice  shall  require  the  electors  to  cast 
ballots,  which  shall  contain  the  words  "Irrigation 
District— Yes,"  or  "Irrigation  District— No,"  or 
words  equivalent  thereto,  and  also  the  names  of 
persons  to  be  voted  for  at  said  election.  For  the 
purposes  of  said  election  the  board  of  supervisors 
must  establish  a  convenient  number  of  election 
precincts  in  said  proposed  district,  and  define  the 
boundaries  of  the  same.  Such  election  shall  be 
conducted  as  nearly  as  practicable  in  accordance 
with  the  general  election  laws  of  the  state,  but 
no  particular  form  of  ballot  sliall  be  required. 

See.  7.  At  such  election  there  shall  be  elected 
a  board  of  directors,  and  an  assessor,  tax  collec- 
tor, and  treasurer;  provided,  that  where  a  consoli- 
dation of  officers  as  hereinafter  provided  for  is 
deemed  advisable  in  the  organization  of  a  district, 
the  petitioners  may  request  in  their  petition  for 
organization  such  consolidation,  and  the  board  of 
supervisors  calling  the  election  shall  in  its  order 
therefor  announce  such  consolidation,  and  then 
only  one  person  shall  be  elected  to  fill  the  several 
offices  so  consolidated. 


4G6  Irrigation   Districts. 

Sec.  8.  No  person  shall  be  entitled  to  vote  at 
any  election  held  under  the  provisions  of  this  act 
unless  he  possesses  all  the  qualifications  required 
of  electors  under  the  general  election  laws  of  the 
state. 

Sec.  9.  The  board  of  supervisors  shall  meet  on 
the  second  Monday  succeeding  such  election,  and 
shall  proceed  to  canvass  the  votes  cast  thereat, 
and  if  upon  such  canvass  it  appears  that  at  least 
two-thirds  of  all  the  votes  cast  are  "Irrigation  Dis- 
trict—les,"  said  board  shall,  by  an  order  entered 
on  its  minutes,  declare  the  territory  duly  organ- 
ized as  an  irrigation  district,  under  the  name  there- 
tofore designated,  and  shall  declare  the  persons 
receiving  respectively  the  highest  number  of  votes 
at  said  election  to  be  duly  elected. 

Sec.  10.  Said  board  shall  then  cause  a  copy  of 
such  order,  duly  certified,  to  be  immediately  filed 
for  record  in  the  office  of  the  county  recorder  of 
any  county  in  which  any  portion  of  the  lands  em- 
braced in  such  district  are  situated,  and  must  also 
immediately  forward  a  copy  thereof  to  the  clerk  of 
the  board  of  supervisors  of  each  of  said  last-men- 
tioned counties,  and  no  board  of  supervisors  of  any 
county  in  which  any  portion  of  the  lands  em- 
braced in  such  district  are  situated  shall,  after  the 
date  of  the  organization  thereof,  allow  another  dis- 
trict to  be  formed  including  any  portion  of  said 
lands,  without  the  consent  of  the  board  of  direc- 
tors of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of 
such  district  shall  be  complete. 

Sec.  11.  Such  election,  on  organization,  may  be 
contested  by  any  person  owning  property  within 
the  proposed  district  liable  to  assessment.  The 
directors  elected  at  such  election  shall  be  made 
parties  defendant.  Such  contest  shall  be  brought 
in  the  superior  court  of  the  county  where  the  pe- 
tition for  organization  is  filed;  provided,  that  if 
more  than  one  contest  be  pending  they  shall  be 
consolidated  and  tried  together.  The  court  hav- 
ing jurisdiction  shall  speedily  try  such  contest,  and 
determine,  upon  the  hearing,  whether  the  election 
was  fairly  conducted  and  in  substantial  compli- 
ance witli  the  requirements  of  this  act,  and  en- 
ter its  judgment  accordingly.  Such  contest  must 
be  brought  within  twenty  days  after  the  canvass 
of  the  vote  and  declaration  of  the  result  by  the 


Irrigation    Districts.  407 

board  of  supervisors.  The  right  of  appeal  is  here- 
by given  to  either  party  to  the  record  within  thir- 
ty days  from  entry  of  judgment.  The  appeal  must 
be  heard  and  determined  by  the  supreme  court 
within  sixty  days  from  the  time  of  filing  the  no- 
tice of  appeal. 

Sec.  12.  The  officers  elected  at  the  election  here- 
inbefore provided  for  shall  immediately  enter  up- 
on their  duties  as  such,  upon  qualifying  in  the 
manner  for  such  officers  herein  provided.  Said  of- 
ficers shall  hold  offi'ce  respectively  until  their  suc- 
cessors are  elected  and  qualified. 

Duties  and  powers  of  boards  of  directors. 

Sec.  13.  The  directors  of  any  district  created 
after  the  passage  of  this  act,  on  the  first  Tuesday 
after  their  election,  after  they  shall  have  qualified, 
shall  meet  and  classify  themselves  by  lot  into  two 
classes,  as  nearly  equal  in  number  as  possible, 
and  the  term  of  office  of  the  class  having  the  great- 
er number  shall  expire  at  the  next  general  Febru- 
ary election  in  this  act  provided  for;  and  the  term 
of  office  of  the  class  having  the  lesser  number 
shall  terminate  at  the  next  general  February  elec- 
tion thereafter.  After  such  classification,  said  di- 
rectors shall  organize  as  a  board,  shall  elect  a 
president  from  their  number,  and  appoint  a  secre- 
tary, who  shall  each  hold  office  during  the  pleasure 
of  the  board.  The  salary  of  the  secretary  and  the 
amount  of  the  bond  to  be  given  by  him  for  the 
faithful  performance  of  his  duties  shall  be  fixed 
by  the  board  of  directors. 

Sec.  14.  The  board  of  directors  shall  hold  a  reg- 
ular monthly  meeting,  in  their  office,  on  the  first 
Tuesday  in  every  month,  and  such  special  meet- 
ings as  may  b<^  required  for  the  proper  transaction 
of  business;  provided,  that  all  special  meetings 
must  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days' 
notice  thereof  must,  by  the  secretary,  be  given  to 
each  member  not  joining  in  the  order.  The  order 
must  specify  the  business  to  be  transacted,  and 
none  other  than  that  specified  must  be  transacted 
at  such  special  meeting.  All  meetings  of  the  board 
must  be  public,  and  three  members  shall  consti- 
tute a  quorum  for  the  transaction  of  business; 
provided,  however,  that  when  the  board  consists 


4GS  Irrigation   Districts. 

of  three  members  only,  then  in  such  case  two  shall 
constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  on  all  questions  requiring  a  vote  there 
shall  be  a  concurrence  of  at  least  the  number  con- 
stituting a  quorum.  All  records  of  the  board  shall 
be  open  to  public  inspection  during  business  hours. 
The  board  of  directors  shall,  on  the  first  Tuesday 
in  January  of  each  and  every  year  render,  and 
immediately  thereafter  cause  to  be  published,  a 
verified  statement  of  the  financial  condition  of  the 
district,  showing  particularly  the  receipts  and  dis- 
bursements of  the  last  preceding  year,  together 
with  tlie  source  of  such  receipts  and  purpose  of 
such  disbursements.  Said  publication  shall  be 
made  at  least  once  a  weelv  for  two  weeks,  in  some 
paper  published  in  the  county  where  the  office  of 
the  board  of  directors  of  such  district  is  situated. 
Sec.  15.  The  board  shall  have  the  power,  and  it 
shall  be  their  duty,  to  manage  and  conduct  the 
business  and  affairs  of  the  district;  malie  and  exe- 
cute all  necessary  contracts;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  re- 
quired, and  prescribe  their  duties.  The  board  and 
its  agents  and  employees  shall  have  the  right  to 
enter  upon  any  land  to  make  surveys,  and  may  lo- 
cate the  necessary  irrigation  worlvs  and  the  line 
for  any  canal  or  canals,  and  the  necessary  branch- 
es for  the  same,  on  any  lands  which  may  be  deem- 
ed best  for  such  location.  Said  board  shall  also 
have  the  right  to  acquire,  either  by  purchase  or 
condemnation,  or  other  legal  means,  all  lands,  and 
waters,  and  water  rights,  and  other  property  nec- 
essary for  the  construction,  use,  suppl.v,  mainten- 
ance, repair,  and  improvements  of  said  canal  or 
canals,  and  works,  including  canals  and  works 
constructed  and  being  constructed  by  private  own- 
ers, lands  for  reservoirs  for  the  storage  of  needful 
waters,  and  all  necessary  appurtenances.  But  no 
purchase  of  any  waters,  or  water  rights,  or  canals, 
or  reservoirs,  or  reservoir  sites,  or  irrigation  works. 
or  other  real  property  of  any  nature  or  kind,  for 
any  price  in  excess  of  ten  tliousand  dollars  shall 
be  final  or  binding  on  the  district,  nor  shall  the 
purchase  price  thereof  be  paid  until  a  petition  of  a 
majority  of  the  holders  of  title,  or  evidence  of  ti- 
tle, to  lands  within  the  district,  such  holders  of  ti- 
tle, or  evidence  of  title,  representing  a  majority 
in  value  of  said  land,  according  to  the  last  equal- 


Irrigation    Districts.  469 

Ized  assessment  roll  of  the  <listrict.  sliall  have  been 
filed  with  the  board  and  an  order  of  the  board 
made  thereon  confirming  such  purchase.  Said 
board  may  also  construct  the  necessary  dams,  res- 
ervoirs, and  works  for  the  collection  of  water  for 
said  district,  and  do  any  and  every  lawful  act 
necessary  to  be  done,  that  sufficient  water  may  be 
furnished  to  each  land  owner  in  said  district  for 
irrigation  purposes.  The  said  board  is  hereby  au- 
thorized and  empowered  to  tal^e  conveyances  or 
other  assurances  for  all  property  acquired  by  it 
under  the  provisions  of  this  act,  in  the  name  of 
such  irrigation  district,  to  and  for  the  uses  and 
purposes  herein  expressed,  and  to  institute  and 
maintain  any  and  all  actions  and  proceedings, 
suits  at  law  or  in  equity,  necessary  or  proper  in 
order  to  fully  can-y  out  the  provisions  of  this  act, 
or  to  enforce,  maintain,  protect,  or  preserve  any 
and  all  rights,  privileges,  and  immunities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And 
in  all  courts,  actions,  suits,  or  proceedings,  the 
said  board  may  sue,  appear,  and  defend  in  person 
or  by  attorneys,  and  in  the  name  of  such  irriga- 
tion district.  It  shall  be  the  duty  of  said  board 
to  establish  equitable  by-laws,  rules,  and  regula- 
tions for  the  distribution  and  use  of  water  among 
the  owners  of  said  lands,  which  must  be  printed 
in  convenient  form  for  distribution  in  the  dis- 
trict. Said  board  shall  have  power  generally 
to  perform  all  such  acts  as  shall  be  necessary  to 
fully  carry  out  the  purposes  of  this  act. 

Sec.  16.  In  case  of  condemnation  proceedings 
the  board  shall  proceed,  in  the  name  of  the  dis- 
trict, under  the  provisions  of  title  seven,  part 
three,  of  the  Code  of  Civil  Procedure. 

Water  regulations. 

Sec.  17.  The  use  of  all  water  required  for  the 
Irrigation  of  the  lands  of  any  district  formed  un- 
der the  provisions  of  this  act,  or  the  act  of  which 
this  is  supplementary  or  amendatory,  together 
with  the  rights  of  way  for  canals  and  ditches, 
sites  for  reservoirs,  and  all  other  property  re- 
quired in  fully  carrying  out  the  provisions  of  this 
act,  is  hereby  declared  to  be  a  public  use,  subject 
Gen.  Laws— 40. 


470  Irrigation    Districts. 

to  the  regulation  and  control  of  the  state,  in  the 
manner  prescribed  by  law. 

Sec.  18.  It  is  hereby  expressly  provided  that  all 
waters  distributed  for  irrigation  purposes  shall  be 
apportioned  ratably  to  each  land  owner  upon  the 
basis  of  tlie  ratio  which  the  last  assessment  of 
such  owner  for  district  purposes  within  said  dis- 
trict bears  to  the  whole  sum  assessed  upon  the 
district;  provided,  that  any  land  owner  may  assign 
the  right  to  the  whole  or  any  portion  of  the  waters 
so  apportioned  to  him. 

GENERAL  ELECTIONS. 

Sec.  19.  An  election  shall  be  held  in  each  irri- 
gation district  on  the  first  Wednesday  in  Febru- 
ary, eighteen  hundred  and  ninety-nine,  and  on 
the  first  Wednesday  in  February  in  each  second 
year  thereafter,  at  which  an  assessor,  a  collector, 
and  a  treasurer,  and  directors  for  the  district  shall 
be  elected.  The  person  receiving  the  highest  num- 
ber of  votes  for  any  office  to  "be  filled  at  such 
election  shall  be  elected  thereto.  The  assessor, 
collector,  and  treasurer  shall  each  hold  oflice  from 
the  first  Tuesday  in  March  next  after,  for  two 
years,  and  until  his  successor  is  elected  and  quali- 
fied. Within  ten  days  after  receiving  their  certif- 
icates of  election,  hereinafter  provided  for,  said 
ofiicers  shall  take  and  subscribe  the  official  oath, 
and  file  the  same  in  the  office  of  the  board  of  direc- 
rors,  and  execute  the  bond  hereinafter  provided 
for.  The  assessor  shall  execute  an  official  bond  in 
the  sum  of  five  thousand  dollars,  and  the  collec- 
tor an  official  bond  in  the  sum  of  twenty  thou- 
sand dollars,  and  the  district  treasurer  an  official 
bond  in  the  sura  of  fifty  thousand  dollars;  each  of 
said  bonds  to  be  approved  by  the  board  of  direc- 
tors; provided,  that  the  board  of  directors  may,  if 
it  shall  be  deemed  advisable,  fix  the  bonds  of  the 
treasurer  and  collector,  respectively,  to  suit  the 
conditions  of  the  district,  the  maximum  amount 
of  the  treasurer's  bond  not  to  exceed  fifty  thou- 
sand dollars,  and  the  minimum  amount  thereof  not 
to  be  less  than  ten  thousand  dollars;  and  the  max- 
imum amount  of  the  collector's  bond  not  to  exceed 
twenty  thousand  dollars,  and  the  minimum 
amount  tliereof  not  to  be  less  tlian  five  thousand 
dollars.     Each  mem^^er  of  said  board  of  directors 


Irrigation    Districts.  -til 

shall  execute  an  official  bond  in  tlie  sum  of  five 
thousand  dollars,  which  said  bonds  shall  be  ap- 
proved by  the  judge  of  the  superior  court  of  said 
county  where  such  organization  v^-as  effected,  and 
shall  be  recorded  in  the  office  of  the  county  record- 
er thereof,  and  filed  with  the  secretary  of  said 
board.  All  official  bonds  herein  provided  for  shall 
be  in  the  form  prescribed  by  law  for  the  official 
bonds  of  county  officers. 

Sec.  20.  On  the  first  Tuesday  in  March  next 
following  their  election,  the  directors  who  shall 
have  been  elected  at  the  general  February  elec- 
tion, shall  meet  and  organize  as  a  board,  elect  a 
president  and  appoint  a  secretary,  who  shall  each 
hold  office  during  the  pleasure  of  the  board.  And 
the  directors  of  districts  now  organized,  who  shall 
have  been  elected  at  the  general  February  elec- 
tion of  eighteen  hundred  and  ninety-nine,  shall,  on 
the  first  Tuesday  in  March  next  thereafter,  when 
they  meet  to  organize,  first  classify  themselves  by 
lot  into  two  classes  as  nearly  equal  in  number  as 
possible.  And  the  term  of  office  of  the  class  hav- 
ing the  greater  number  shall  be  two  years;  and 
the  term  of  office  of  the  lesser  number  shall  be 
four  years^  The  full  term  of  office  of  directors  is 
hereby  fixed  at  four  years. 

Sec.  21.  Fifteen  days  before  any  election  held 
under  this  act,  subsequent  to  the  organization  of 
any  district,  the  secretary  of  the  board  of  directors 
shall  cause  notices  to  be  posted  in  three  public 
places  in  each  election  precinct,  of  the  time  and 
place  of  holding  the  election,  and  shall  also  post 
a  general  notice  of  the  same  in  the  office  of  said 
board,  which  shall  be  established  and  kept  at 
some  fixed  place,  to  be  determined  by  said  board, 
specifying  the  polling  places  of  each  precinct. 
l*rior  to  the  time  for  posting  the  notices,  the  board 
must  appoint  for  each  precinct,  from  the  electors 
thereof,  one  inspector  and  two  judges,  who  shall 
constitute  a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  of  election,  or 
the  members  appointed  do  not  attend  at  the  open- 
ing of  the  polls  on  the  morning  of  election,  the 
electors  of  the  precinct  present  at  that  hour  may 
appoint  the  board,  or  supply  the  place  of  an  ab- 
sent member  thereof.  The  board  of  directors  must, 
in  its  order  appointing  the  board  of  election,  des- 


472  Irrigation   Districts. 

ignate  the  house  or  place  within  the  precinct 
wliere  the  election  must  be  held. 

Sec.  22,  The  inspector  is  chairman  of  the  elec- 
tion board,  and  may  administer  all  oaths  required 
In  the  progress  of  an  election;  and  appoint  judges 
and  clerks,  if,  during  the  progress  of  the  election, 
any  judge  or  clerk  cease  to  act.  Any  member  of 
the  board  of  election,  or  any  clerk  thereof,  may 
administer  and  certify  oaths  required  to  be  ad- 
ministered during  the  progress  of  an  election.  The 
board  of  election  for  each  precinct  must,  before 
opening  the  polls,  appoint  two  persons  to  act  as 
clerks  of  the  election.  Before  opening  the  polls, 
each  member  of  the  board  and  each  clerk  must 
take  and  subscribe  an  oath  to  faithfully  perform 
the  duties  imposed  upon  them  by  law.  Any  elec- 
tor of  the  precinct  may  administer  and  certify 
such  oath.  The  polls  must  be  opened  one  hour 
after  sunrise  on  the  morning  of  the  election,  and 
be  kept  open  until  sunset,  when  the  same  must 
be  closed.  The  provisions  of  the  general  election 
laws  concerning  the  form  of  ballots  to  be  used 
shall  not  apply  to  elections  held  under  this  act. 

Sec.  23.  Voting  may  commence  as  soon  as  the 
polls  are  opened,  and  may  be  continued  during 
all  the  time  the  polls  remain  opened,  and  shall  be 
conducted,  as  nearly  as  practicable,  in  accordance 
with  the  provisions  of  the  general  election  laws  of 
this  state.  As  soon  as  all  the  votes  are  counted, 
a  certificate  shall  be  drawn  up  on  each  of  the 
papers  containing  the  poll  list  and  tallies,  or  at- 
tached thereto,  stating  the  number  of  votes  each 
one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  num- 
ber shall  be  written  in  figures  and  in  words  at 
full  length.  Each  certificate  shall  be  signed  by 
the  clerk,  judge,  and  the  inspector.  One  of  said 
certificates,  with  the  poll  list  and  the  tally  paper 
to  whicli  it  is  attached,  shall  be  retained  by  the 
inspector,  and  preserved  by  him  at  least  six 
months.  The  ballots  shall  be  strung  upon  a  cord 
or  thread  by  the  inspector,  during  the  counting 
thereof,  in  the  order  in  which  they  are  entered 
upon  the  tally  list  by  the  clerks;  and  said  ballots 
together  with  the  other  of  said  certificates,  with 
the  poll  list  and  tally  paper  to  which  it  is  attach- 
ed, shall  be  sealed  by  the  ins])ector  In  the  pres- 
ence of  the  judges  and  clerks,  and  indorsed  "Elec- 


Irrigation    Districts.  473 

tion  Returns  of  (naming  the  precinct)  Precinct," 
and  be  directed  to  the  secretary  of  the  board  of  di- 
rectors, and  shall  be  immediately  delivered  by  the 
inspector,  or  by  some  other  safe  and  responsible 
carrier  designated  by  said  inspector,  to  said  secre- 
tary, and  the  ballots  shall  be  kept  unopened  for  at 
least  six  months,  and  if  any  person  be  of  the  opin- 
ion that  the  vote  of  any  precinct  has  not  been  cor- 
rectly counted,  he  may  appear  on  the  day  appoint- 
ed for  the  board  of  directors  to  open  and  canvass 
the  returns,  and  demand  a  recount  of  the  vote  of 
the  precinct  that  is  so  claimed  to  have  been  in- 
correctly counted. 

Sec.  24.  No  list,  tally  paper,  or  certificate  re- 
turned fr^m  SLiij  election,  shall  be  set  aside  or  re- 
jected for  want  of  form,  if  it  can  be  satisfactorily 
understood.  The  board  of  directors  must  meet  at 
its  usual  place  of  meeting  on  the  first  Monday  af- 
ter each  election  to  canvass  the  returns.  If,  at  the 
time  of  meeting,  the  returns  from  each  precinct 
in  the  district  in  which  the  polls  were  opened  have 
been  received,  the  board  of  directors  must  then 
and  there  proceed  to  canvass  the  returns;  but  if 
all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the 
returns  have  been  received,  or  until  six  postpone- 
ments have  been  had.  The  canvass  must  be  made 
in  public  and  by  opening  the  returns  and  estimat- 
ing the  vote  of  the  district  for  each  person  voted 
for,  and  declaring  the  result  thereof. 

Sec.  25.  The  secretary  of  the  board  of  direc- 
tors must,  as  soon  as  the  result  is  declared,  enter 
in  the  records  of  such  board  a  statement  of  such 
result,  which  statement  must  show:  (a)  The  whole 
number  of  votes  cast  in  the  district,  and  in  each 
division  of  the  district;  (b)  the  names  of  the  per- 
sons voted  for;  (c)  the  office  to  fill  which  each  per- 
son was  voted  for;  (d)  the  number  of  votes  given 
in  each  precinct  to  each  of  such  persons;  (e)  the 
number  of  votes  given  in  each  division  for  the 
office  of  director,  and  the  number  of  votes  given 
in  the  district  for  the  offices  of  assessor,  collec- 
tor, and  treasurer.  Tlie  board  of  directors  must 
declare  elected  the  persons  having  the  highest 
number  of  votes  given  for  each  oflice.  The  secre- 
tary must  immediately  make  out  and  deliver  to 
such  person  a  certificate  of  election,  signed  by 
him,  and  authenticated  with  the  seal  of  the  board. 


474  IiTigation    Districts. 

In  case  of  a  vacancy  in  the  office  of  assessor, 
collector,  or  treasurer,  the  vacancy  shall  be  filled 
by  appointment  of  the  board  of  directors;  pro- 
vided, that  if  said  board  of  directors  shall  nejjlect 
or  refuse  to  make  such  appointment  within  a 
period  of  forty  days,  then  the  board  of  supervisors 
of  the  county  wherein  the  office  of  said  board  of 
directors  is  situated  shall  mal-ce  such  appointment. 
In  case  of  a  vacancy  in  the  office  of  director,  the 
vacancy  shall  be  tilled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  of- 
fice of  such  board  of  directors  is  situated,  from  the 
division  in  which  the  vacancy  occurrred.  An  offi- 
cer appointed  as  above  provided  shall  hold  his  of- 
fice until  the  next  regular  election  for-  said  dis- 
trict, and  until  his  successor  is  elected  and  quali- 
fied. 

Sec.  2(3.  A  director  shall  be  a  resident  and  free- 
holder of  the  irrigation  district,  but  not  necessar- 
ily of  the  division  for  which  he  is  elected. 

Sec.  27.  The  board  of  directors  may,  in  its  dis- 
cretion, consolidate  any  two  or  more  of  the  offices 
of  assessor,  collector,  and  treasurer.  The  order  of 
consolidation  must  be  made  at  least  thirty  days 
prior  to  general  election  of  the  district,  and  shall 
take  cifect  at  the  next  succeeding  election;  pro- 
vided, that  the  board  of  directors  may,  at  least 
thirty  days  before  a  general  election  or  the  dis- 
trict, where  the  offices  have  been  consolidated,  seg- 
regate the  same,  each  office  to  be  filled  at  such 
election. 

Sec.  28.  In  any  district  the  board  of  directors 
thereof  may,  upon  the  presentation  of  a  petition 
therefor,  by  a  majority  of  the  holders  of  title,  or 
evidence  of  title,  of  said  district,  evidenced  as 
above  provided,  order  that  on  and  after  the  next 
ensuing  general  election  for  the  district,  there  shall 
be  either  three  or  five  directors,  as  said  board  may 
order,  and  they  shall  be  elected  by  the  district  at 
large,  or  by  divisions,  as  so  petitioned  and  order- 
ed; and  after  such  order  such  directors  shall  be 
so  elected. 

TITLE  TO  TROPERTY. 

Sec.  20.  The  legal  title  to  all  property  acquired 
under  the  provisions  of  this  act  sliall  immediate- 
ly and  by  operation  of  law  vest  in  such  irrigation 


Irrigation   Districts.  475 

district,  and  sliall  be  held  by  such  district  in  trust 
for  and  is  hereby  dedicated  and  set  apart  to  the 
uses  and  purposes  set  fortli  in  this  act.  And  said 
board  is  hereby  authorized  and  empowered  to 
hold,  use,  acquire,  manage,  occupy,  and  possess 
said  property. as  herein  provided. 

ISSUANCE  OF  BONDS. 

Sec.  30.  For  the  purpose  of  constructing  neces- 
sary irrigating  canals  and  works,  and  acquiring 
the  necessary  property  and  rights  therefor,  and 
otherwise  carrying  out  the  provisions  of 
this  act,  the  board  of  directors  of  any 
such  district,  must,  as  soon  after  such  district 
has  been  organized  as  may  be  practicable, 
aud  also  whenever  thereafter  the  construc- 
tion fund  has  been  exhausted  by  expendi- 
tui-es  herein  authorized  therefrom  and  it  is  nec- 
essary to  raise  additional  money  for  said  pur- 
poses, estimate  and  determine  the  amount  of 
money  necessary  to  be  raised.  And  thereafter 
said  board  when  petitioned  by  a  majority  of  the 
holders  of  title,  or  evidence  of  title,  to  lands  with- 
in the  district,  such  holders  of  title,  or  evidence  of 
title,  representing  a  majority  in  value  of  said 
lands,  according  to  the  equalized  assessment  roll 
of  the  district,  if  such  has  theretofore  been  made, 
and  if  such  has  not  been  made,  then  according  to 
the  equali^sed  county  assessment  roll  covering  the 
lands  of  such  district,  shall  immediately  call  a  spe- 
cial election,  at  which  shall  be  submitted  to  the 
electors  of  such  district,  possessing  the  qualifica- 
tions prescribed  by  this  act,  the  question  wheth- 
er or  not  the  bonds  of  said  district  in  the  amount 
as  set  forth  in  said  petition  shall  be  issued.  No- 
tice of  such  election  must  be  given  by  posting  no- 
tices in  three  public  places  in  each  election  pre- 
cinct in  said  district  for  at  least  twenty  days,  and 
also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  where  the  ofiice  of 
the  board  of  directors  of  such  district  is  required 
to  be  Icept,  once  a  week  for  at  least  three  succes- 
sive weeks.  Such  notices  must  specify  the  time 
of  holding  the  election,  the  amount  of  bonds  pro- 
posed to  be  issued;  and  said  election  must  be  held 
and  the  result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  conformity 


476  Irrigation    Districts. 

with  the  provisions  of  this  act  governing  the  elec- 
tion of  othcers;  provided,  that  no  informalities  in 
conducting  such  an  election  shall  invalidate  the 
same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  At  such  election  the  ballots 
shall  contain  the  words  "Bonds— Yes,"  or  "Bonds 
— No,"  or  words  equivalent  thereto.  If  a  major- 
ity of  the  votes  cast  are  "Bonds— Yes,"  the  board 
of  directors  shall  cause  bonds  in  said  amount  to  be 
issued;  if  a  majority  of  the  votes  cast  at  any  bond 
election  are  "Bonds— No,"  the  result  of  such  elec- 
tion shall  be  so  declared  and  entered  of  record. 
Whenever  thereafter  a  petition  of  the  character 
hereinbefore  provided  for  in  this  section  is  pre- 
sented to  the  board  it  shall  so  declare  of  record 
in  its  minutes,  and  shall  thereupon  submit  such 
questions  to  said  electors  in  the  same  manner  and 
with  like  effect  as  at  such  previous  election. 

Sec.  31.  All  bonds  issued  under  the  provisions 
of  this  act  shall  be  payable  in  gold  coin  of  the 
United  States,  in  ten  series,  as  follows,  to-wit:  At 
the  expiration  of  twenty-one  years,  five  per  cent 
of  the  whole  number  of  said  bonds;  at  the  expira- 
tion of  twenty-two  years,  six  per  cent;  at  the  ex- 
piration of  twenty-three  years,  seven  per  cent;  at 
the  expiration  of  twenty-four  years,  eight  per 
cent;  at  the  expiration  of  twenty-five  years,  nine 
per  cent;  at  the  expiration  of  twenty-six  years, 
ten  per  cent;  at  the  expiration  of  twenty-seven 
years,  eleven  per  cent;  at  the  expiration  of  twenty- 
eight  years,  thirteen  per  cent;  at  the  expiration  of 
twenty-nine  years,  fifteen  per  cent;  and  at  the 
expiration  of  thirty  years,  sixteen  per  cent;  that 
the  several  enumerated  percentages  being  of  the 
entire  amount  of  the  bond  issue,  but  each  bond 
must  be  made  payable  at  a  given  time  for  its  en- 
tire amount  and  not  for  a  percentage.  Said  bonds 
shall  bear  interest  at  the  rate  of  five  per  cent  per 
annum,  payable  semi-annually,  on  the  first  day  of 
January  and  July  of  each  year.  The  principal  and 
interest  shall  be  payable  at  the  place  designated 
therein.  Said  bonds  shall  be  each  of  the  denomin- 
ation of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars;  shall  be  negotia- 
ble in  form,  signed  by  the  president  and  secretary, 
and  the  seal  of  the  board  of  directors  shall  be  af- 
fixed thereto.  Each  issue  shall  be  numbered  con- 
secutively as  issued,  and  the  bonds  of  each  issue 


Irrigatiou   Districts.  477 

shall  be  numbered  consecutively,  and  bear  date  at 
the  time  of  their  issue.  Coupons  for  the  interest 
shall  be  attached  to  each  bond,  signed  by  the  sec- 
retary. Said  bonds  shall  express  on  their  face 
that  they  were  issued  by  authority  of  this  act, 
stating  its  title  and  date  of  approval,  and  shall 
also  so  state  the  number  of  the  issue  of  which  such 
bonds  are  a  part.  The  secretary  shall  keep  a  re- 
cord of  the  bonds  sold,  their  number,  the  date  of 
sale,  the  price  received,  and  the  name  of  the  pur- 
chaser. 

Sec.  32.  The  board  msij  sell  said  bonds  from 
time  to  time  in  such  quantities  as  may  be  neces- 
sary and  most  advantageous,  to  raise  money  for 
the  construction  of  said  canals  and  works,  the 
acquisition  of  said  property  and  rights,  and  other- 
wise to  fully  carry  out  the  objects  and  purposes 
of  this  act.  Before  making  any  sale  the  board 
shall,  at  a  meeting,  by  resolution,  declare  its  in- 
tention to  sell  a  specified  amount  of  the  bonds, 
and  the  day  and  hour  and  place  of  such  sale,  and 
shall  cause  such  resolution  to  be  entered  in  the 
minutes,  and  notice  of  the  sale  to  be  given,  by 
publication  thereof  at  least  tliree  weeks,  in  some 
newspaper  publisiied  in  the  county  where  the 
ofiice  of  the  board  of  directors  is  located,  and  in 
any  other  newspaper,  at  its  discretion.  The  no- 
tice shall  state  that  sealed  proposals  will  be  re- 
ceived by  the  board  at  their  office,  for  the  pur- 
chase of  bonds,  till  the  day  and  hour  named  in 
the  resolution.  At  the  time  appointed  the  board 
shall  open  the  proposals,  and  award  the  purchase 
of  the  bonds  to  the  highest  responsible  bidder; 
provided,  however,  that  they  may  reject  all  bids. 
Said  board  shall  in  no  event  sell  any  of  the  said 
bonds  for  less  than  the  par  value  thereof. 

Sec.  33.  Said  bonds,  and  the  interest  thereon, 
shall  be  paid  by  revenue  derived  from  an  annual 
assessment  upon  the  real  property  of  the  district; 
and  all  the  real  property  in  the  district  shall  be 
and  remain  liable  to  be  assessed  for  such  pay- 
ments, as  hereinafter  provided. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
Sec.  34.  In  case  the  money  raised  by  the  sale 
of  bonds  issued  be  insufficient  or  in  case  the  bonds 
be  unavailable  for  the  completion  of  the  plan  of 
canal  and  works  adopted,  and  additional  bonds  be 


478  Irrigation   Districts. 

not  voted,  it  shall  bo  the  duty  of  the  board  of  di- 
rectors to  provide  for  the  completion  of  said  plan 
by  levy  of  assessments  therefor;  provided,  how- 
ever, that  such  levy  of  assessments  shall  not  be 
made  except  first  an  estimate  of  the  amount  re- 
quired for  such  purposes  has  been  made  by  said 
board,  and  the  question  as  to  the  making  of  said 
levy  submitted  to  a  vote  of  the  electors  of  the 
district.  Before  such  question  is  submitted  the 
order  of  submission  shall  be  entered  in  the  min- 
utes of  the  board,  stating  the  amount  to  be  levied 
and  tlie  purpose  therefor,  and  if  submitted  at  a 
special  election  said  order  shall,  in  addition,  fix 
the  day  of  election.  Notice  of  sucli  election  must 
be  given  by  posting  notices  in  three  public  places 
in  each  election  precinct  in  said  district  for  at 
least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  coun- 
ty where  the  office  of  the  board  of  directors  of 
such  district  is  required  to  be  kept,  once  a  week 
for  at  least  three  successive  weeks.  Such  notices 
must  specify  the  tinie  of  holding  the  election,  and 
the  amount  of  assessment  proposed  to  be  levied. 
Said  election  must  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  as  nearly 
as  practicable  in  conformity  with  the  provisions 
of  this  act  governing  the  election  of  officers;  pro- 
vided, tliat  no  informalities  in  conducting  such 
an  election  shall  invalidate  the  same,  if  the  elec- 
tion shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words 
"Assessment — Yes,"  or  "Assessment — No,"  or 
words  equivalent  thereto.  If  a  majority  of  the 
votes  cast  are  "Assessment — Yes,"  the  board  of  di- 
rectors shall  cause  an  assessment  in  the  amount 
named  in  the  order  of  submission  to  be  levied;  if 
a  majority  of  the  votes  cast  are  "Assessment — 
No,"  the  result  of  such  election  shall  be  so  de- 
clared and  entered  of  record. 

DUTIES  OF  THE  ASSESSOR. 

Sec.  35.  The  assessor  must,  between  the  first 
Monday  in  March  and  the  first  Monday  in  June,  in 
each  year,  assess  all  real  property  in  the  district, 
to  the  persons  who  own.  claim,  have  the  posses- 
sion, or  control  thereof,  at  its  full  cash  value.  He 
must  prepare  an  assessment  book,  with  appropri- 
ate headings,   in  which   must  be  listed   all  such 


Irrigation  Districts.  479 

property  within  the  district,  in  which  must  be 
specified,  in  separate  columns,  under  the  appro- 
priate head:  (a)  tiie  name  of  the  person  to  whom 
the  property  is  assessed.  If  the  name  is  not  known 
to  the  assessor  the  property  shall  be  assessed  to 
"unlinown  owners";  (b)  land  by  township,  range, 
section,  or  fractional  section,  and  when  such  land 
is  not  a  congressional  division  or  subdivision,  by 
metes  and  bounds,  or  other  description  sufficient 
to  identify  it,  giving  an  estimate  of  the  number  of 
acres,  locality,  and  the  improvements  thereon;  (c) 
city  and  tOAvn  lots,  naming  the  city  or  town,  and 
the  number  and  block,  according  to  the  system 
of  numbering  in  such  city  or  town,  and  the  im- 
provements thereon;  (d)  the  cash  value  of  real  es- 
tate, other  than  city  or  town  lots;  (e)  the  cash 
value  of  improvements  on  such  real  estate;  (f)  the 
cash  value  of  city  and  town  lots;  (g)  the  cash 
value  of  improvements  on  city  and  town  lots;  (h) 
the  cash  value  of  improvements  on  real  estate  as- 
sessed to  persons  other  than  the  owners  of  the 
real  estate;  (i)  the  total  value  of  all  property  as- 
sessed; (j)  the  total  value  of  all  property  after 
equalization  by  the  board  of  directors;  (k)  such 
other  things  as  the  board  of  directors  may  require. 
Any  property  which  may  have  escaped  the  pay- 
ment of  any  assessment  for  any  year,  shall,  in  ad- 
dition to  the  assessment  for  the  then  current  year, 
be  assessed  for  such  year  with  the  same  effect 
and  with  the  same  penalties  as  are  provided  for 
such  current  year. 

Sec.  30.  The  board  of  directors  must  allow  the 
assessor  as  many  deputies,  to  be  appointed  by 
him,  as  will,  in  the  judgment  of  the  board,  enable 
him  to  complete  the  assessment  within  the  time 
herein  prescribed.  The  board  must  fix  the  com- 
pensation of  such  deputies,  which  shall  be  paid 
out  of  the  treasury  of  the  district.  The  compensa- 
tion must  not  exceed  five  dollars  per  day  for  each 
deputy,  for  the  time  actually  engaged,  nor  must 
any  allowance  be  made  but  for  work  done  between 
the  first  Monday  in  March  and  the  first  Monday 
in  August  in  each  year. 

Sec.  37.  On  or  before  the  first  Monday  in  Au- 
gust in  each  year,  the  assessor  must  complete  his 
assessment  book,  and  deliver  it  to  the  secretary  of 
the  board,  who  must  immediately  give  notice 
thereof,  and  of  tne  time  the  board  of  directors. 


480  Irrigation  Districts. 

acting  as  a  board  of  equalization,  will  meet  to 
equalize  assessments,  by  publication  in  a  news- 
paper published  in  each  of  the  counties  compris- 
ing the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thir- 
ty days  from  the  first  publication  of  the  notice; 
and  in  the  meantime  the  assessment  book  must 
remain  in  the  office  of  the  secretary  for  the  in- 
spection of  all  persons  interested. 

EQUALIZATION  OF  ASSESSMENT. 

Sec.  38.  Upon  the  day  specified  in  the  notice 
required  by  the  preceding  section  for  the  meet- 
ing, the  board  of  directors,  which  is  hereby  con- 
stituted a  board  of  equalization  for  that  purpose, 
shall  meet  and  continue  in  session  from  time  to 
time,  as  long  as  may  be  necessary,  not  to  exceed 
ten  days,  exclusive  of  Sundays,  to  hear  and  de- 
termine such  objections  to  the  valuation  and  as- 
sessment as  may  come  before  them;  and  the  board 
may  change  the  valuation  as  may  be  just.  The 
secretary  of  the  board  shall  be  present  during  its 
sessions,  and  note  all  changes  made  in  the  valu- 
ation of  property,  and  in  the  names  of  the  per- 
sons whose  property  is  assessed;  and  within  ten 
days  after  the  close  of  the  session  he  shall  have 
the  total  values,  as  finally  equalized  by  the  board, 
extended  into  columns  and  added. 

LEVY  OF  AND  COLLECTION  OF  TAXES. 

Sec.  39.  The  board  of  directors  shall  then  levy 
an  assessment  sufficient  to  raise  the  annual  in- 
terest on  the  outstanding  bonds,  and  in  any  year 
in  which  any  bonds  shall  fall  due  must  increase 
said  assessment  to  an  amount  sufficient  to  raise 
a  sum  sufficient  to  pay  the  principal  of  the  out- 
standing bonds  as  they  mature.  The  secretary  of 
the  board  must  compute  and  enter  in  a  separate 
column  of  the  assessment  book  the  respective 
sums,  in  dollars  and  cents,  to  be  paid  as  an  as- 
sessment on  the  property  therein  enumerated. 
When  collected,  the  assessment  shall  be  paid  into 
the  district  treasury  and  be  apportioned  to  the 
several  proper  funds. 

In  case  of  the  neglect  or  refusal  of  the  board  of 
directors  to  cause  such  assessments  and  levies  to 
be  made  as  in  this  act  provided,  then  the  assess- 


Irrigation   Districts.  48I 

ment  of  property  made  by  tlie  county  assessor  and 
tlie  state  board  of  equalization  shall  be  adopted, 
and  shall  be  the  basis  of  assessment  for  the  dis- 
trict, and  the  board  of  supervisors  of  the  county 
in  which  the  otfi'ce  of  the  board  of  directors  is  sit- 
uated shall  cause  an  assessment  roll  for  said  dis- 
trict to  be  prepared,  and  shall  make  the  levy  re- 
quired by  this  act,  in  the  same  manner  and  with 
like  effect  as  if  the  same  had  bev^-n  made  by  said 
board  of  directors,  and  all  expenses  incident 
thereto  sliali  be  borne  by  such  district.  In  case 
of  the  neglect  or  refusal  of  the  collector  or  treas- 
urer of  the  district  to  perform  the  duties  imposed 
by  law,  then  the  tax  collector  and  treasurer  of  the 
county  in  which  the  otiice  of  the  board  of  di- 
rectors is  situated  must,  respectively,  perform 
such  duties,  and  shall  be  accountable  therefor 
upon  their  official  bonds  as  in  other  cases. 

Sec.  40.  The  assessment  upon  real  property  Is 
a  lien  against  the  property  assessed  from  and  af- 
ter the  first  Monday  in  March  for  any  year,  and 
the  lien  for  the  bonds  of  any  issue  shall  be  a  pre- 
ferred lien  to  that  for  any  subsequent  issue,  and 
such  lien  is  not  removed  until  the  assessments  are 
paid,  or  the  property  sold  for  the  payment  thereof. 

Sec.  41.  On  or  before  the  first  day  of  Novem- 
ber, the  secretary  must  deliver  the  assessment- 
book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice,  in  a  newspa- 
per published  in  each  county  in  which  any  por- 
tion of  the  district  may  lie,  that  said  assessments 
are  due  and  payable,  and  will  become  delinquent 
at  six  o'clock  p.  m.  on  the  last  Monday  of  Decem- 
ber next  thereafter,  and  that  unless  paid  prior 
therto,  five  per  cent,  will  be  added  to  the  amount 
thereof,  and  also  the  time  and  place  at  which  pay- 
ment of  assessments  may  be  made,  which  notice 
shall  be  published  for  the  period  of  two  weeks. 
The  collector  must  attend  at  the  time  and  place 
specified  in  the  notice,  to  receive  assessments, 
which  must  be  paid  in  gold  and  silver  coin;  he 
must  mark  the  date  of  payment  of  any  assess- 
ment in  the  assessment-book,  opposite  the  name 
of  the  person  paying,  and  give  a  receipt  to  such 
person,  specifying  the  amount  of  the  assessment 
and  the  amount  paid,  with  a  description  of  the 
property  assessed.  On  the  last  Monday  in  Decem- 
Gen.  Laws — 41. 


482  Irrigation  Districts. 

ber,  at  six  o'clock  p.  m.,  of  each  year,  all  unpaid 
assessments  are  delinquent,  and  thereafter  the  col- 
lector oiust  collect  thereon,  for  the  use  of  the  dis- 
trict, an  addition  of  five  per  cent. 

rUBLIOATION  OF  DELINQUENT  NOTICE. 

Sec.  42.  On  or  before  the  first  day  of  February, 
the  collector  must  publish  the  delinquent  list, 
which  must  contain  the  names  of  the  persons  and 
a  description  of  the  property  delinquent,  and  the 
amount  of  the  assessments  and  costs  due  opposite 
each  name  and  description.  He  must  append  to 
and  publish  with  the  delinquent  list  a  notice,  that 
unless  the  assessments  delinquent,  together  with 
costs  and  percentage,  are  paid,  the  real  property 
upon  which  such  assessments  are  a  lien  will 
be  sold  at  public  auction.  The  publication 
must  be  made  once  a  weclc  for  three  suc- 
cessive weeks,  in  a  newspaper  published  in 
the  county  in  which  the  property  delinquent 
is  situated;  provided,  that  if  any  property 
assessed  to  the  same  person  or  corporation 
shall  lie  in  more  than  one  county,  then  such 
publication  may  be  made  in  any  county  in  which 
any  portion  of  such  property  may  lie.  The  publi- 
cation must  designate  the  time  and  place  of  sale. 
The  time  of  sale  must  not  be  less  than  twenty-one 
nor  more  than  twenty-eight  days  from  the  first 
publication,  and  the  place  must  be  at  some  point 
designated  by  the  collector,  within  the  district; 
provided,  however,  that  if  tliere  should  occur  any 
error  in  the  publication  of  the  sale  of  the  delin- 
quent property,  Avhich  might  invalidate  a  sale 
made  thereunder,  and  such  error  is  discovered 
prior  to  sale  thereimder  the  collector  shall  at 
once  republish  the  sale  of  the  property  affected 
by  such  error,  making  such  republication  conform 
to  the  previsions  of  this  law,  and  the  time  of  sale 
designated  in  such  republication  must  not  be  less 
than  twenty-one  nar  more  than  twenty-eight  days 
from  the  first  republication;  and  the  place  of  sale 
must  be  at  some  point  designated  by  the  collector 
within  the  district,  and  stated  in  such  republica- 
tion. 

SALE  FOR  DELINQUENT  TAXES. 

Sec.  43.    The  collector  must  collect,  in  addition 


Irrigation    Districts.  483 

to  tlie  assessments  due  on  the  delinquent  list  and 
five  per  cent,  added,  fifty  cents  on  each  lot,  piece. 
or  tract  of  land  separately  assessed.  On  the  day 
fixed  for  the  sale,  or  some  subsequent  day  to 
which  he  may  have  postponed  it,  of  which  he 
must  give  notice,  the  collector,  between  the  hours 
of  ten  a.  m  and  three  o'clock  p.  m.,  must  com- 
rnenc*^  the  sale  of  the  property  advertised,  com- 
laencirg  at  the  head  of  the  list  and  continuing 
ali'Labciically,  or  in  the  numerical  order  of  tne 
lots  or  blocks,  until  completed.  He  may  postpone 
the  day  of  commencing  the  sales,  or  the  sale,  from 
day  to  day,  but  the  sale  must  be  completed  within 
three  V, eoks  from  the  day  first  fixed;  provided, 
that  if  any  sale  or  sales  shall  be  stayed  by  legal 
proceedings,  the  time  of  the  continuance  of  such 
proceedings  is  not  part  of  the  time  limited  for 
making  srch  sale  or  sales;  and  provided  further, 
that  ill  any  district  where  the  validity  of  any  as- 
se.ss  n<'iit  shall  be  in  litigation  at  the  time  this  act 
shall  lake  effect,  the  sale  of  any  property,  whether 
it  be  involved  in  such  litigation  or  not,  may  be 
postponed  fo:*  a  time  not  to  exceed  four  months. 

Sec.  44,  The  owner  or  person  in  possession  of 
any  real  estate  offered  for  sale  for  assessments 
due  tjicreon  may  designate,  in  writing,  to  the  col- 
lector, prior  to  the  sale,  what  portion  of  the  prop- 
erty he  wishes  sold,  if  less  than  the  whole;  but  if 
th<^  OAs  nei  or  possessor  does  not,  then  the  collector 
may  def^ignate  it  and  the  person  who  will  take  the 
least  Quantity  of  the  land,  or  in  case  an  undivided 
interest  is  assessed,  then  the  smallest  portion  of 
the  interest,  and  pay  the  assessments  and  costs 
due,  ii  eluding  two  dollars  for  the  duplicate  certi- 
ficate of  side,  is  the  purchaser.  If  the  purchaser 
does  not  pa;v  tlie  assessments  and  ^,*osts  before 
ten  o'clock  a.  m.  the  following  day,  the  property 
on  the  next  sale  day  must  be  resold  for  the  assess 
ments  and  costs.  But  in  case  there  is  no  pur- 
chaser in  good  faith  for  the  same  on  the  nrst  day 
that  the  property  is  offered  for  sale,  then,  when 
th.i  projtrty  is  offered  thereafter  for  sale,  and 
thei'e  is  no  purchaser  in  good  faith  for  the  same, 
the  whole  amount  of  the  property  assessed  shall 
be  struck  off  to  the  irrigation  district  within  which 
su«^h  lands  are  situated  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  treasurer  of 


484  Irrigation    Districts. 

thi^  distiict,  and  filed  by  him  in  his  offioo.  No 
<?hni-^o  shall  be  made  for  the  duplicate  certificate 
where  the  district  is  the  purchaser,  and,  in  such 
case,  the  collector  shall  make  an  entry,  "Sold  to 
the  district,"  and  he  shall  be  credited  with  the 
amount  thereof  in  his  settlement.  An  irrigation 
district  as  a  purcliaser  at  such  sale,  shall  be  en- 
titled to  the  same  rights  as  a  private  purchaser, 
and  the  title  so  acquired  by  the  district,  subject 
to  the  right  of  redemption  herein  provided,  may  be 
conveyed  by  deed,  executed  and  acknowledged 
by  the  president  and  secretary  of  said  board;  pro- 
vided, that  authority  to  so  convey  must  be  con- 
ferred by  resolution  of  the  board  entered  on  its 
minutes,  fixing  Ihe  price  at  which  such  sale  may 
be  made,  and  such  conveyance  shall  not  be  made 
for  a  less  sum  than  the  reasonable  market  value 
of  such  property. 

Sec.  45.  After  receiving  the  amount  of  assess- 
ments and  costs,  the  collector  must  make  out  in 
duplicate  a  certificate,  dated  on  the  day  of  sale, 
stating  (when  known)  the  name  of  the  person  as- 
sessed, a  description  of  the  land  sold,  the  amount 
paid  therefor,  that  it  was  sold  for  assessments, 
giving  the  amount  and  year  of  the  assessment,  and 
specifying  the  time  when  the  purchaser  will  be 
entitled  to  a  deed.  The  certificate  must  be  signed 
by  the  collector,  and  one  copy  delivered  to  the  pur- 
cliaser, and  the  other  filed  in  the  ofBKie  of  the 
county  recorder  of  the  county  in  which  the  land 
is  situated. 

Sec.  46.  The  collector,  before  delivering  any 
certificate,  must  in  a  book  enter  a  description  of 
the  land  sold,  corresponding  with  the  description 
in  the  certificate,  the  date  of  the  sale,  purchasers' 
names,  and  amount  paid,  regularly  number  the 
description  on  the  margin  of  the  book,  and  put 
R  corresponding  number  on  each  certificate.  Such 
book  must  be  open  to  public  inspection,  without 
fee,  during  office  hours,  when  not  in  actual  use. 
On  filing  the  certificate  with  such  county  recorder 
the  lien  of  the  assessments  vests  with  the  pur- 
chaser, and  is  only  divested  by  the  payment  to 
him,  or  to  the  collector  for  his  use,  of  the  purchase 
money  and  two  per  cent  per  month  from  the  day 
of  sale  \mtil  redemption. 


Irrigation   Districts.  485 

KEDEMPTION  OF  PROPERTY  SOLD  FOR  DE- 
LINQUENT     TAXES. 

Sec.  47.  A  redemption  of  the  property  sold  may 
be  made  by  the  owner,  or  any  party  in  interest, 
within  twelve  months  from  the  date  of  purchase; 
provided,  that  all  land  heretofore  sold  at  delin- 
quent tax  sale  under  any  of  the  provisions  of  an 
act  entitled  "An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  thereby 
for  irrigation  purposes,"  approved  March  seventh, 
eighteen  hundred  and  eighty-seven,  or  the  acts 
supplementary  thereto  or  amendatory  thereof, 
where  deeds  have  not  been  made  and  delivered,  or 
when  such  deed  has  been  made  to  the  district,  and 
the  district  has  not  disposed  of  the  same,  may  be 
redeemed  any  time  within  six  months  from  Janu- 
ary twenty-seventh,  eighteen  hundred  and  ninety- 
seven.  Redemption  must  be  made  in  gold  or  sil- 
ver coin,  as  provided  for  the  collection  of  state 
and  county  taxes,  and  when  made  to  the  collector 
he  must  credit  the  amount  paid  to  the  person 
named  in  the  certificate,  and  pay  it,  on  demand, 
to  the  person  or  his  assignees.  In  each  report  the 
collector  makes  to  the  board  of  directors,  he  must 
name  the  person  entitled  to  redemption  money, 
and  the  amount  due  each.  On  receiving  the  cer- 
tificate of  sale,  the  county  recorder  must  file  it 
and  make  an  entry  in  a  book  similar  to  that  re- 
quired of  the  collector.  On  the  presentation  of 
the  receipt  of  the  person  named  in  the  certificate, 
or  of  the  collector  for  his  use,  of  tlie  total  amount 
of  the  redemption  money,  the  recorder  must  mark 
the  word  "redeemed,"  the  date,  and  by  whom 
redeemed,  on  the  certificate  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is 
made.  If  the  property  is  not  redeemed  within  the 
time  herein  provided,  the  collector,  or  his  succes- 
sor in  office,  must  make  to  the  purchaser,  or  his 
assignee,  a  deed  of  the  property,  reciting  in  the 
deed  substantially  the  matters  contained  in  the 
certificate,  and  that  no  person  redeemed  the  prop- 
erty during  the  time  allowed  by  law  for  its  re- 
demption. The  collector  shall  receive  from  the 
purchaser,  for  the  use  of  the  district,  two  dollars 
for  making  such  deed. 


48G  Irrigation    Districts. 

Sec.  48.  The  matter  recited  in  the  certificate  of 
sale  must  be  recited  in  the  deed,  and  such  deed 
duly  acknowledged  or  proved  is  prima  facie  evi- 
dence that:  (.a)  The  property  was  assessed  as  re- 
quired by  law;  (b)  the  property  w^as  equalized  as 
required  by  law;  (c)  that  the  assessments  were 
levied  in  accordance  with  law;  (d)  the  assess- 
ments vrere  not  paid;  (e)  at  a  proper  time  and 
place  the  property  was  sold  as  prescribed  by  law, 
and  by  the  proper  officer;  (f)  the  property  was  not 
redeemed;  (g)  the  person  who  executed  the  deed 
M'as  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (ex- 
cept as  against  actual  fraud)  conclusive  evidence 
of  the  regularity  of  all  the  proceedings  from  the 
assessment  by  the  assessor,  inclusive,  up  to  the 
execution  of  the  deed.  The  deed  conveys  to  the 
grantee  the  absolute  title  to  the  lands  described 
therein  free  of  all  incumbrances,  except  when  the 
land  is  owned  by  the  United  States,  or  this  state, 
in  which  case  it  is  prima  facie  evidence  of  the 
right  of  possession. 

Sec.  49.  The  assessment  book  or  delinquent  list, 
or  a  copy  thereof,  certified  by  the  collector,  show- 
ing unpaid  assessments  against  anj*  person,  or 
property,  is  prima  facie  evidence  of  tlie  assess- 
ment, the  property  assessed,  the  delinquency,  the 
amount  of  assessments  due  and  unpaid,  and  that 
all  the  forms  of  the  law  in  relation  to  the  assess- 
ment and  levy  of  such  assesspaents  have  been 
complied  with. 

Soc.  ')().  ^N'hen  land  is  sold  for  assessments  cor- 
rectly imposed,  as  the  property  of  a  particular  per- 
son, no  misnomer  of  the  owner,  or  supposed 
owner,  or  other  mistake  relating  to  the  ownership 
thereof,  affects  the  sale,  or  renders  it  void,  or  void- 
able. 

S(>c.  .51.  On  the  first  Monday  in  each  month, 
the  collector  must  settle  vrith  the  secretary  of  the 
board  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer;  and 
within  six  days  thereafter  he  must  deliver  to  and 
file  in  the  office  of  the  secretary  a  statement  under 
oath,  showing:  (a)  An  account  of  all  his  trans- 
actions and  receipts  since  his  last  settlement;  (b) 
that  all  money  collected  by  him  as  collector  has 
been  paid.     The  collector  shall  also  file     in     the 


Irrigation    Districts.  487 

otiice  of  tlie  secretary,  on  said  first  Monday  in 
each  moutli,  the  receipt  of  tlie  treasurer  for  the 
money  so  paid. 

REDEMPTION    OF    BONDS,    AND    PAYMENT 
OP     INTEREST. 

Sec.  52.  Upon  the  presentation  of  the  coupons 
due,  to  the  treasurer,  he  shall  pay  the  same  from 
the  bond  fund.  Whenever  said  fund  shall  amount 
to  the  sum  of  ten  thousand  dollars  in  excess  of  an 
amount  sufficient  to  meet  the  interest  coupons 
due,  the  board  of  directors  may  direct  the  treas- 
urer to  pay  such  an  amount  of  said  bonds  not 
due  as  the  money  in  said  fund  will  redeem,  at  the 
lowest  value  at  which  they  may  be  offered  for 
liquidation,  after  advertising  in  the  manner  here- 
inbefore provided  for  the  sale  of  bonds,  for  sealed 
proposals  for  the  redemption  of  said  bonds.  Said 
proposals  shall  be  opened  by  the  board  in  open 
meeting,  at  a  time  to  be  named  in  the  notice,  and 
the  lowest  bid  for  said  bonds  must  be  accepted; 
provided,  that  no  bond  shall  be  redeemed  at  a  rate 
above  par.  In  case  the  bids  are  equal,  the  lowest 
numbered  bond  shall  have  the  preference.  In  case 
none  of  the  holders  of  said  bonds  shall  desire  to 
have  the  same  redeemed,  as  herein  provided  for, 
said  money  shall  be  invested  by  the  treasurer,  un- 
der the  direction  of  the  board,  in  United  States 
bonds,  or  the  bonds  of  the  state,  which  shall  be 
kept  in  said  "bond  fund,"  and  may  be  used  to 
redeem  said  district  bonds  whenever  the  holders 
thereof  may  desire. 

CONSTRUCTION    OF    WORKS. 

Sec.  53.  After  adopting  a  plan  for  such  canal 
or  canals,  storage  reservoirs,  and  worlis,  as  in  this 
act  provided  for,  the  board  of  directors  shall  give 
notice,  by  publication  thereof  not  less  than  twenty 
days  in  one  newspaper  published  in  each  of  the 
counties  composing  the  district  (provided,  a 
newspaper  is  published  therein),  and  in  such  pther 
newspapers  as  they  may  deem  advisable,  calling 
for  bids  for  the  construction  of  such  work,  or  of 
any  portion  thereof;  if  less  than  the  whole  work 
is  advertised,  then  the  portion  so  advertised  must 
be  particularly  described  in  such  notice.    Said  no- 


488  Irrigation   Districts. 

tice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the 
board  will  receive  sealed  proposals  therefor,  and 
that  the  contract  will  be  let  to  the  lowest  respon- 
sible bidder,  stating  the  time  and  place  for  opening 
said  proposals,  which,  at  the  time  and  place  ap- 
pointed, shall  be  opened  in  public;  and  as  soon  as 
convenient  thereafter  the  board  shall  let  said 
worlv,  either  in  portions  or  as  a  whole,  to  the  low- 
est responsible  bidder;  or  they  may  reject  any  or 
all  bids  and  readvertise  for  proposals,  or  may  pro- 
ceed to  construct  the  work  under  their  own  super- 
intendence. Contracts  for  the  purchase  of  ma- 
terial shall  be  awarded  to  the  lowest  responsible 
bidder.  Any  person  or  persons  to  whom  a  con- 
tract may  be  awarded  shall  enter  into  a  bond, 
with  good  and  sufficient  sureties,  to  be  approved 
by  the  board,  payable  to  said  district  for  its  use, 
for  twenty-five  per  cent  of  the  amount  of  the 
contract  price,  conditioned  for  the  faithful  per- 
formance of  said  contract.  The  work  shall  be  done 
under  the  direction  and  to  the  satisfaction  of  the 
engineer,  and  be  approved  by  the  board. 

Sec.  'A.  No  claim  shall  be  paid  by  the  treasurer 
until  allowed  by  the  board,  and  only  upon  a  war- 
rant signed  by  ■  the  president,  and  countersigned 
by  the  secretary;  provided,  that  the  board  may 
draw,  from  time  to  time,  from  the  construction 
fund,  and  deposit  in  the  county  treasury  of  the 
county  where  the  oflice  of  the  board  is  situated, 
any  sum  in  excess  of  the  sum  of  twenty-five 
thousand  dollars.  The  county  treasurer  of  said 
county  is  hereby  authorized  and  required  to  re- 
ceive and  receipt  for  the  same,  and  place  the  same 
to  the  credit  of  said  district,  and  he  shall  be  re- 
sponsible upon  his  official  bond  for  the  safe-keep- 
ing and  disbursement  of  the  same,  as  in  this  act 
provided.  He  shall  pay  out  the  same,  or  any  por- 
tion thereof,  to  the  treasurer  of  the  district  only, 
and  only  upon  the  order  of  the  board,  signed  by 
the  president,  and  attested  by  the  secretary.  The 
said  ^county  treasurer  shall  report,  in  writing,  on 
the  second  Monday  in  each  month,  the  amount  of 
money  in  the  county  treasury,  the  amount  of  re- 
ceipts for  the  month  preceding,  and  tlie  amount 
or     amounts     paid     out;     said     report     shall     be 

verified  and  filed  with  the  secretary  of  the  board. 


Irrigation   Districts.  489 

Q'he  district  treasurer  stiall  also  report  to  the 
board,  in  writing,  on  the  first  Monday  in  each 
month,  the  amount  of  money  in  the  district  treas- 
ury, the  amount  of  receipts  for  the  month  preced- 
ing, and  the  amount  and  items  of  expenditures, 
and  said  report  shall  be  verified  and  filed  with  the 
secretary  of  the  board. 

Sec.  55.  The  cost  and  expense  of  purchasing 
and  acquiring  property  and  constructing  the 
worlds  and  improvements  herein  provided  for, 
shall  be  wholly  paid  out  of  the  construction  fund. 
For  the  purpose  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care, 
operation,  management,  repair,  and  improvement 
of  such  portions  of  said  canal  and  works  as  are 
completed  and  in  use,  including  salaries  of  offi- 
cers and  employees,  the  board  may  in  lieu  (either 
in  part  or  in  whole)  of  levying  assessments  as 
herein  provided  for,  fix  rates  of  tolls  and  charges, 
and  collect  the  same  from  all  persons  using  said 
canal  for  irrigation  and  other  purposes. 

Sec.  56.  The  board  of  directors  shall  have 
power  to  construct  the  said  worlds  across  any 
stream  of  water,  watercourse,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  flume  which 
the  route  of  said  canal  or  canals  may  intersect  or 
cross,  in  such  manner  as  to  afford  security  for  life 
and  property;  but  said  board  shall  restore  the 
same,  when  so  crossed  or  intersected,  to  its  for- 
mer state  as  near  as  may  be,  or  in  a  sufficient 
manner  not  to  have  impaired  unnecessarily  its 
usefulness;  and  every  company  whose  railroad 
shall  be  intersected  or  crossed  by  said  works  shall 
unite  with  said  board  in  forming  said  intersec- 
tions and  crossings,  and  grant  the  privileges  afore- 
said; and  if  such  railroad  company  and  said  board, 
or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  cannot 
agi-ee  upon  the  amount  to  be  paid  therefor,  or  the 
points  or  the  manner  of  said  crossings  or  intersec- 
tions, the  same  shall  be  ascertained  and  de- 
termined in  all  respects  as  is  herein  pro- 
vided in  respect  to  the  taking  of  land. 
The  right  of  way  is  hereby  given,  dedicated, 
and  set  apart,  to  locate,  ^-oustruct,  and 
maintain  said  works  over  and  througli  any  of  the 
lands  which  are  now  or  may  be  the  property  of 


490  Irrigation   Districts. 

this  state;  and  also  there  is  given,  dedicated,  and 
set  apart,  for  the  uses  and  purposes  aforesaid,  all 
waters  and  water  rights  belonging  to  this  state 
within  the  district. 

GOVERNING     DIRECTORS. 

Sec.  57.  The  directors,  when  sitting  as  a  board, 
or  acting  under  the  orders  of  the  board,  shall  each 
receive  not  to  exceed  three  dollars  per  day,  and 
actual  and  necessary  expenses  paid  while  engaged 
in  official  business  under  the  order  of  the  board. 
The  board  shall  fix  the  compensation  to  be  paid 
to  all  otiicers  named  in  this  act,  to  be  paid  out  of 
the  treasury  of  the  district;  provided,  that  said 
board  shall,  upon  the  petition  of  at  least  fifty,  or 
a  majority  of  the  freeholders  within  such  district, 
therefor,  submit  to  the  electors  at  any  general 
election  a  schedule  of  salaries  and  fees  to  be  paid 
hereunder.  Such  petition  must  be  presented  to 
the  board  not  less  than  twenty  days  nor  more 
than  forty  days  prior  to  a  general  election,  and  the 
result  of  such  election  shall  be  determined  and 
declared  in  all  respects  as  other  elections  are  de- 
termined and  declared  under  this  act. 

Sec.  58.  No  director  or  any  otlier  offi'cer  named 
in  this  act  shall  in  any  manner  be  interested,  di- 
rectly or  indirectly,  in  any  contract  awarded  or 
to  be  awarded  by  the  board,  or  in  the  profits  to  be 
derived  thei-efrom:  and  for  nny  violation  of  this 
provision,  such  otficer  shall  be  deemed  guilty  of  a 
misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished 
by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six 
montlis,  or  by  both  such  fine  and  imprisonment. 

SPECIAL    ASSESSMENTS. 

Sec.  59.  The  board  of  directors  may,  at  any 
time,  when  in  their  judgment  it  may  be  deemed 
advisable,  call  a  special  election  and  submit  to  the 
qualified  electors  of  the  district  the  question, 
whether  or  not  a  special  assessment  shall  be 
levied  for  the  purpose  of  raising  money  to  be  ap- 
plied to  any  of  the  purposes  provided  in  this  act. 
Such  election  must  be  called  upon  the  notice  pre- 
scribed, and  the  same  shall  be  held  and  the  re- 


Irrigation   Districts.  491 

suit  thereoof-  determined  and  declared  in  all  re- 
spects in  conformity  witii  the  provisions  of  section 
thirty  of  this  act.  The  notice  must  specify  the 
amount  of  money  proposed  to  be  raised  and  the 
purpose  for  which  it  is  intended  to  be  used.  At 
such  elections  the  ballots  shall  contain  the  words 
"Assessment— Yes,"  or  "Assessment— No."  If  two- 
thirds  or  more  of  the  votes  cast  are  "Assessment 
—Yes,"  the  board  shall,  at  the  time  of  the  annual 
levy  hereunder,  levy  an  assessment  sufficient  to 
raise  the  amount  voted. 

Sec.  60.  The  rate  of  assessments  levied  under 
the  provisions  of  this  act  shall  be  ascertained  by 
deducting  fifteen  per  cent,  for  anticipated  delin- 
quencies from  the  aggregate  assessed  value  of  the 
property  in  the  district  as  it  appears  on  the  assess- 
ment roll  for  the  current  year,  and  then  dividing 
the  sum  voted  by  the  remainder  of  such  aggre- 
gate assessed  value.  The  assessments  so  levied 
shall  be  computed  and  entered  on  the  assessment 
roll  by  tlie  secretary  of  the  board,  and  collected  at 
the  same  time  and  in  the  same  manner  as  other 
assessments  provided  for  herein;  and  when  col- 
lected shall  be  paid  into  the  district  treasury  for 
the  purpose  specified  in  the  notice  of  such  special 
election. 

INCURRING    INDEBTEDNESS. 

Sec.  61.  The  board  of  directors,  or  other  officers 
of  the  district,  shall  have  no  power  to  incur  any 
debt  or  liability  whatever,  either  by  issuing  bonds 
or  otherwise,  in  excess  of  the  express  provisions 
of  this  act;  and  any  debt  or  liability  incurred  in 
excess  of  such  express  provisions  shall  be 
and  remain  absolutely  void,  except  that  for 
the  purpose  of  organization,  or  for  any  of 
the  purposes  of  this  act,  the  board  of  di- 
rectors may.  before  the  collection  of  the  first 
assessment,  incur  an  indebtedness  not  exceeding 
in  the  aggregate  the  sum  of  two  thousand  dollars, 
and  may  cause  warrants  of  the  district  to  issue 
therefor,  bearing  interest  at  seven  per  cent,  per 
annum. 

GOVERNING     THE     USE     OF     WATER. 

Sec.  62.  In  case  the  volume  of  water  In  any 
stream  or  river  shall  not  be  sufficient  to  supply 


492  Irrigation    Districts. 

the  continual  wants  of  the  entire  country  through 
which  it  passes,  and  susceptible  of  irrigation 
therefrom,  then  it  shall  be  the  duty  of  the  water 
commissioners,  constituted  as  hereinafter  pro- 
vided, to  apportion,  in  a  just  and  equitable  propor- 
tion, a  certain  amount  of  said  water  upon 
certain  or  alternate  weekly  days  to  differ- 
ent localities,  as  they  may,  in  their  judgment, 
think  best  for  the  interest  of  all  parties  concerned, 
and  with  due  regard  to  the  legal  and  equitable 
rights  Oi  all.  Said  water  commissioners  shall  con- 
sist of  the  chairman  of  the  board  of  directors  of 
each  of  the  districts  affected. 

Sec.  63.  It  shall  be  the  duty  of  the  board  of  di- 
rectors to  keep  the  water  flowing  through  the 
ditches  under  their  control  to  the  full  capacity  of 
such  ditches  in  times  of  high  water. 

Sec.  64.  Navigation  shall  never  in  anywise  be 
impaired  by  the  operation  of  this  act,  nor  shall 
any  vested  interest  in  or  to  any  mining  water 
rights  or  ditches,  or  in  or  to  any  water  or  water 
rights,  or  reservoirs  or  dams  now  used  by  the 
owners  or  possessors  thereof  in  connection  with 
any  mining  industry,  or  by  persons  purchasing 
or  renting  the  use  thereof,  or  in  or  to  any  other 
property  now  used,  directly  or  indirectly,  in  carry- 
ing on  or  promoting  the  mining  industry,  ever  be 
affected  by  or  taken  under  its  provisions,  save  and 
except  that  rights  of  way  may  be  acquired  over 
the  same. 

Sec.  65.  Nothing  herein  contained  shall  be 
deemed  to  authorize  any  person  or  persons  to  di- 
vert the  waters  of  any  river,  creek,  stream,  ca- 
nal, or  ditch  from  its  channel,  to  the  detriment 
of  any  person  or  persons  having  any  interest  in 
such  river,  creek,  stream,  canal,  or  ditch,  or  the 
waters  therein,  unless  previous  compensation  be 
ascertained  and  paid  therefor,  under  the  laws  of 
this  state  authorizing  the  taking  of  private  prop- 
erty for  public  uses. 

EXEMPTION    FROM    TAXATION— CREATION 

OF    FUNDS. 

Sec.  66.  The  rights  of  way,  ditches,  flumes, 
pipe-lines,  dams,  water  rights,  reservoirs,  and 
other  property  of  like  character,  belonging  to  any 


Irrigation   Districts.  493 

irrigation  district  shall  not  be  taxed  for  state  and 
county  or  municipal  purposes. 

Sec.  67.  The  following  funds  are  hereby 
created  and  established,  to  which  the  moneys 
properly  belonging  shall  be  apportioned,  to  wit: 
Bond  fund,  construction  fund,  general  fund. 

GENERAL     PROVISIONS. 

Sec.  68.  The  board  of  directors  may,  at  any 
time  after  the  issue  of  any  bonds  or  the  levy  of 
any  assessment  herein  provided  for,  bring  an  ac- 
tion in  ihe  superior  court  of  the  county  wherein 
is  located  the  office  of  such  board,  to  determine 
the  validity  of  any  such  bonds  or  such  levy  of  as- 
sessments: such  action  shall  be  in  the  nature  of 
a  proceeding  in  rem,  and  jurisdiction  of  all  parties 
interested  may  be  had  by  publication  of  summons 
for  at  least  once  a  week  for  three  weeks  in  some 
paper  of  general  circulation  published  in  the 
county  where  the  action  is  pending,  such  paper  to 
be  designated  by  the  court  having  jurisdiction  of 
the  proceedings.  Jurisdiction  shall  be  complete 
wit'jin  ten  days  after  the  full  publication  of  such 
summons  in  the  manner  herein  provided.  Any 
one  interested  may  at  any  time  before  the  expira- 
tion of  said  ten  days  appear  and  by  proper  pro- 
ceedings contest  the  validity  of  such  bonds  or  as- 
sessments. Such  action  shall  be  speedily  tried 
and  judgment  rendered  declaring  such  matter  so 
contested  either  valid  or  invalid.  Either  party 
may  have  the  right  to  appeal  to  the  supreme  court 
at  any  time  within  thirty  days  after  the  rendi- 
tion of  such  judgment,  which  appeal  must  be 
heard  and  determined  within  three  months  from 
the  time  of  taking  such  appeal. 

Sec.  69.  If  no  such  proceeding  shall  have  been 
brought  by  the  board  of  directors,  then,  at  any 
time  within  thirty  days  after  the  levy  of  any  as- 
sessment or  issue  of  any  bonds  under  the  provis- 
ions of  this  act,  any  district  assessment-payer 
may  bring  an  action  in  the  superior  court  of  the 
county  where  the  offi'ce  of  the  board  of  directors 
is  located,  to  determine  the  validity  of  any  such 
assessment  or  such  bonds.  The  board  of  directors 
shall  be  made  parlies  defendant,  and  service  of 
summons  shall  be  made  on  the  members  of  the 
Gen  Laws— 42. 


494  Irrigation  Districts. 

board  personally.  Said  board  shall  have  the  right 
to  appear  and  contest  such  action.  Such  action 
shall  bo  speedily  tried,  with  the  right  of  appeal 
to  either  party,  within  the  time  and  manner  herein 
provided  for  the  bringing  of  actions  by  the  board 
to  determine  such  matters.  Such  appeal  shall  be 
heard  and  determined  in  the  manner  and  within 
the  time  therein  provided. 

Sec.  TO.  If  more  than  one  action  shall  be  pend- 
ing at  the  same  time  concerning  similar  contests 
in  this  act  provided  for,  they  shall  be  consolidated 
and  tried  together. 

Sec.  71.  The  court  hearing  any  of  the  contests 
herein  provided  for,  in  inquiring  into  the  regu- 
larity, legality,  or  correctness  of  such  proceed- 
ings, must  disregard  any  error,  irregularity,  or 
omission  which  does  not  affect  the  substantial 
rights  of  the  parties  to  said  action  or  proceeding. 
The  rules  of  pleading  and  practice  provided  by  the 
Code  of  Civil  Procedure,  which  are  not  inconsist- 
ent with  the  provisions  of  this  act,  are  applicable 
to  all  actions  or  proceedings  herein  provided  for. 
TJie  motion  for  a  new  trial  of  any  such  action  or 
I>roceeding  must  be  heard  and  determined  within 
ten  days  from  the  filing  of  the  notice  of  intention. 
The  costs  on  any  hearing,  or  contest  herein  pro- 
vided for,  may  be  allowed  and  apportioned  be- 
tween the  parties,  or  taxed  to  the  losing  party,  in 
the  discretion  of  the  court. 

Sec.  72.  No  contest  of  anything  or  matter 
herein  provided  sliall  be  made  other  than  withiD 
the  time  and  manner  herein  specified. 

Sec.  73.  For  any  willful  violation  of  any  ex- 
press duty  herein  provided  for,  on  the  part  of  any 
officer  herein  named,  he  shall  be  liable  upon  his 
official  bond,  and  be  subject  to  removal  from 
office,  by  proceedings  brought  in  the  superior  court 
of  the  county  wherein  the  office  of  the  board  of  di- 
rectors of  the  district  is  located,  by  any  assess- 
ment-payer of  the  district. 

EXCLUSION    OP    LANDS. 

Sec.  74.  The  boundaries  of  any  irrigation  dis- 
trict now  organized  or  lioreafter  organized  under 
tlie  provision  of  this  act,  may  be  changed,  and 
tracts  of  land  which  were  included  within  the 
boundaries  of  such  district  at  or  after  its  organi- 


Irrigation   Districts.  495 

zation  under  the  provisions  of  said  act,  may  be 
excluded  therefrom,  in  the  manner  herein  pre« 
scribed;  but  neither  such  change  of  the  boundaries 
of  the  districts  nor  such  exclusion  of  lands  from 
the  district  shall  impair  or  affect  its  organization, 
or  its  right  in  or  to  property,  or  any  of  its  rights 
or  privileges  of  whatever  kind  or  nature;  nor  shall 
it  affect,  impair,  or  discharge  any  contract,  obli- 
gation, lien,  or  charge  for  or  upon  which  said  dis- 
trict was  and  may  become  liable  or  chargeable, 
had  such  change  of  its  boundaries  not  been  made, 
or  had  not  such  land  been  excluded  from  the  dis- 
trict. 

Sec.  75.  The  owner  or  owners  in  fee  of  one  or 
more  tracts  of  land  which  constitute  a  portion  of 
an  irrigation  district  may  jointly  or  severally  file 
with  the  board  of  directors  of  the  district  a  peti- 
tion, praying  that  such  tract  or  tracts,  and  any 
other  tracts  contiguous  thereto,  may  be  excluded 
and  taken  from  said  district.  The  petition  shall 
state  the  grounds  and  reasons  upon  which  it  is 
claimed  that  such  lands  should  be  excluded  and 
shall  describe  the  boundaries  thereof,  and  also  the 
lands  of  such  petitioner  or  petitioners  which  are 
included  within  such  boundaries;  but  the  descrip- 
tion of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  en- 
tered in  the  assessment-book  by  the  county  asses- 
sor. Such  petition  must  be  acknowledged  in  the 
same  manner  and  form  as  is  required  in  the  case 
of  a  conveyance  of  land,  and  the  acknowledgment 
shall  have  the  same  force  and  effect  as  evidence 
as  the  acknowledgment  of  such  a  conveyance. 

Sec.  76.    The  secretary  of  the  board  of  directors 
shall  cause  a  notice  of  the  filing  of  such  petition 
to  be  published  for  at  least  two  weeks    in    some 
newspaper  published  in  the  county     where     the 
office  of  the  board  of  directors  is  situated,  and  if 
any  portion  of  such  territory  to  be  excluded  lie 
within  another  county  or  counties,  then  said  notice 
shall  be  published  in  a  newspaper  published  with- 
in each  of  said  counties;  or  if  no  newspaper  be 
I    published  therein,  then  by  posting  such  notice  for 
I    the  same  time  in  at  least  three  public  places  in 
I    said  district,  and  in  case  of  the  posting  of  said 
I   notices,  one  of  said  notices  must  be  so  posted  on 
■    the  lands  proposed  to  be  excluded.     The     notice 


496  Irrigation   Districts. 

shall  state  the  filing  of  such  petition,  the  names 
of  the  petitioners,  a  description  of  the  lands  men- 
tioned in  said  petition,  and  the  prayer  of  said  pe- 
tition; and  it  shall  notify  all  persons  interested  in, 
or  who  may  be  affected  by  such  change  of  the 
boundaries  of  the  district,  to  appear  at  the  office 
of  said  board  at  a  time  named  in  said  notice,  and 
show  cause,  in  writing,  if  any  they  have,  why  the 
change  of  the  boundaries  of  said  district,  as  pro- 
posed in  said  petition,  should  not  be  made.  The 
time  to  be  specified  in  the  notice  at  which  they 
shall  be  required  to  show  cause  shall  be  the  regu- 
lar meeting  of  the  board  next  after  the  expiration 
of  the  time  for  the  publication  of  the  notice. 

Sec.  77.  The  board  of  directors,  at  the  time  and 
place  mentioned  in  the  notice,  or  at  the  time  or 
times  to  which  the  hearing  of  said  petition  may  be 
adjourned,  shall  proceed  to  hear  the  petition,  and 
all  evidence  or  proofs  that  may  or  shall  be 
introduced  by  or  on  behalf  of  the  petitioner  or  pe- 
titioners, and  all  objections  to  such  petition  that 
may  or  shall  be  presented  in  writing  by  any  per- 
son showing  cause  as  aforesaid,  and  all  evidence 
and  proofs  that  may  be  introduced  in  support  of 
such  objections.  Such  evidence  shall  be  taken 
down  in  shorthand,  and  a  record  made  thereof 
and  filed  with  the  board.  The  failure  of  any  per- 
son interested  in  said  district,  other  than  the  hold- 
ers of  bonds  thereof  outstanding  at  the  time  of  the 
filing  of  said  petition  with  said  board,  to  show 
cause,  in  writing,  why  the  tract  or  tracts  of  land 
mentioned  in  said  petition  should  not  be  excluded 
from  said  district,  shall  be  deemed  and  taken  as 
an  assent  by  him  to  the  exclusion  of  such  tract  or 
tracts  of  land,  or  any  part  thereof,  from  said  dis- 
trict; and  the  filing  of  such  petition  with  said 
board,  as  aforesaid,  shall  be  deemed  and  taken  as 
an  assent  by  each  and  all  of  such  petitioners  to 
the  exclusion  from  such  district  of  the  lands  men- 
tioned in  the  petition,  or  any  part  thereof.  The 
exi>enscs  of  giving  said  notice  and  of  the  afore- 
said proceeding  shall  be  paid  by  the  person  or  per- 
sons filing  such  petition. 

Sec.  78.  If,  upon  the  hearing  of  any  such  peti- 
tion, no  evidence  or  proofs  in  support  thereof  be 
introduced,  or  if  the  evidence  fail  to  sustain  said 
petition,  or  if  the  board  deem  it  not  for  the  best 
interests  of  the  district  that  the  lands,  or  some 


Irrigation   Districts.  497 

portion  thereof,  mentioned  in  the  petition,  should 
be  excluded  from  the  district,  the  board  shall  or- 
der that  said  petition  be  denied  as  to  such  lands; 
but  if  the  said  board  deem  it  for  the  best  interests 
of  the  district  that  the  lands  mentiohed  in  the  pe- 
tition, or  some  portion  thereof,  be  excluded  from 
the  district,  and  if  no  person  interested  in  the  dis- 
trict show  cause,  in  writing,  why  the  said  lands, 
OL*  some  portion  thereof,  should  not  be  excluded 
from  the  district,  or  if,  having  shown  cause,  with- 
draws the  same,  or  upon  the  hearing  fails  to  es- 
tablish such  objections  as  he  may  have  made, 
then  it  shall  be  the  duty  of  the  board  to,  and  it 
shall  forthwith,  make  an  order  that  the  lands 
mentioned  and  described  in  the  petition,  or  some 
defined  portion  thereof,  be  excluded  from  said  dis- 
trict; provided,  that  it  shall  be  the  duty  of  said 
board  to  so  order,  upon  petition  therefor  as  afore- 
said, that  all  lands  so  petitioned  to  be  excluded 
from  said  district  shall  be  excluded  therefrom 
which  cannot  be  irrigated  from,  or  which  are  not 
susceptible  to,  or  would  not,  by  reason  of  being 
permanently  devoted  to  uses  other  than  agricul- 
tural, horticultural,  viticultural,  or  grazing,  be  di- 
rectly benefited  by  the  actual  irrigation  of  the 
same  from  a  common  source,  or  by  the  same  sys- 
tem of  Avorks  with  the  other  lands  of  said  district, 
or  from  the  source  selected,  chosen,  or  provided, 
or  the  system  adopted  for  the  irrigation  of  the 
lands  of  said  district,  or  which  are  already  irri- 
gated or  entitled  to  be  irrigated,  rrom  another 
source  or  by  another  system  of  irrigation  works; 
but  no  lands  included  within  the  limits  of  any  city 
or  town,  or  which  shall  have  been  subdivided  into 
town  lots  or  blocks,  shall  be  excluded  under  the 
provisions  of  this  act. 

Sec.  79.  If  there  be  outstanding  bonds  of  the 
district  at  the  time  of  the  filing  of  said  petition, 
the  holders  of  such  outstanding  bonds  may  give 
their  assent,  in  writing,  to  the  effect  that  they 
severally  consent  that  the  lands  mentioned  in  the 
petition,  or  such  portion  thereof  as  may  be  ex- 
cluded from  said  district  by  order  of  said  board, 
or  the  decree  of  the  superior  court  as  hereinafter 
provided,  may  be  excluded  from  the  district;  and 
if  said  lands,  or  any  portion  thereof,  be  thereaf- 
ter excluded  from  the  district,  the  lands     so  ex- 


498  Irrigation    Districts. 

eluded  shall  be  released  from  the  lien  of  such  out- 
standing bonds.  The  assent  must  be  acknowl- 
edj^ed  by  the  several  holders  of  such  bonds  in  the 
same  manner  and  form  as  is  required  in  case  of  a 
conveyance  of  land,  and  the  acknowledgment 
shall  have  the  same  force  and  effect  as  evidence 
as  the  acknowledgment  of  such  conveyance.  The 
assent  shall  be  filed  with  the  board,  and  must  be 
recorded  in  the  minutes  of  the  board;  and  said 
minutes,  or  a  copy  thereof,  certified  by  the  secre- 
tary of  said  board,  shall  be  admissible  in  evidence, 
with  the  same  effect  as  the  said  assent,  and  such 
certified  copy  thereof  may  be  recorded  in  the  oflice 
of  the  county  recorder  of  the  county  wherein  said 
lands  are  situated. 

Sec.  80.  In  the  event  the  said  board  of  directors 
shall  exclude  any  lands  from  said  district  upon  pe- 
tition therefor,  it  shall  be  the  duty  of  the  board  of 
directors  to  make  an  entry  in  the  minutes  of  the 
board,  describing  the  boundaries  of  the  district, 
should  the  exclusion  of  said  lands  from  said  dis- 
trict change  the  boundaries  of  said  district,  and 
for  that  purpose  the  board  may  cause  a  survey  to 
be  made  of  such  portions  of  the  district  as  the 
board  may  deem  necessary;  and  a  ceritfied  copy  of 
the  entry  in  the  minutes  of  the  board  excluding 
any  land,  certified  by  the  president  and  secretary 
of  the  board,  shall  be  filed  for  record  in  the  re- 
corder's office  of  each  county  within  which  are 
situated  any  of  the  land  of  the  district;  but  said 
district,  notwithstanding  such  exclusion,  shall  be 
and  lemain  an  irrigation  district  as  fully,  to  every 
intent  and  purpose,  as  it  would  be  had  no  change 
been  made  in  the  boundaries  of  the  district,  or  had 
the  lands  excluded  therefrom  never  constituted  a 
portion  of  the  district. 

Sec.  81.  If  the  lands  excluded  from  any  district 
under  this  act  shall  embrace  the  greater  portion 
of  any  division  or  divisions  of  such  district,  then 
the  office  of  director  for  such  division  or  divisons 
shnll  become  and  be  vacant  at  the  expiration  of 
ten  days  from  the  final  order  of  the  board  exclud- 
ingsaid lands: and  such  vacancy  or  vacancies  shall 
be  Idled  by  appointment  by  the  board  of  supervis- 
ors of  the  county  wliere  the  offiice  of  such  board  is 
situated,  from  the  district  at  large.  A  director  ap- 
pointed as  above  provided,   shall   hold   his  office 


Irrigation   Districts.  499 

until  the  next  regular  election  for  said  district, 
and  until  his  successor  is  elected  and  qualified. 

Sec.  82.  At  least  thirty  days  before  the  next 
general  election  of  such  district,  the  board  of  di- 
rectors thereof  shall  make  an  order  dividing  said 
district  into  three  or  five  divisions,  as  the  case 
may  require,  as  nearly  equal  in  size  as  may  be 
practicable,  which  shall  be  numbered  first,  sec- 
ond, third,  and  so  on,  and  one  director  shall  be 
elected  by  each  division.  For  the  purposes  of  elec- 
tions in  such  district,  the  said  board  of  directors 
must  establish  a  convenient  number  of  election 
precincts,  and  define  the  boundaries  thereof, 
which  said  precincts  may  be  changed  from  time  to 
time,  as  the  board  of  directors  may  deem  neces- 
sary. 

Sec.  83.  A  guardian  and  executor,  or  an  admin- 
istrator of  an  estate,  who  is  appointed  as  such  un- 
der the  laws  of  this  state,  and  who,  as  such  guar- 
dian,  executor,  or  administrator,  is  entitled  to  the 
possession  of  the  lands  belonging  to  the  estate 
which  he  represents,  may,  on  behalf  of  his  ward, 
or  the  estate  which  he  represents,  upon  being 
thereto  properly  authorized  by  the  proper  court, 
sign  and  acknowledge  the  petition  in  this  act  men- 
tioned,  and  may  show  cause,  as  in  this  act  pro- 
vided, why  the  boundaries  of  the  district  should 
cot  be  changed. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in 
any  manner,  operate  to  release  any  of  the  lands 
eo  excluded  from  the  district  from  any  obligation 
to  pay,  or  any  lien  thereon,  of  any  valid  outstand- 
ing bonds  or  other  indebtedness  of  said  district  at 
the  time  of  the  filing  of  said  petition  for  the  ex- 
clusion of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  an- 
swerable and  chargeable  for  and  with  the  pay- 
ment and  discharge  of  all  of  said  outstanding  ob- 
ligations at  the  time  of  the  filing  of  the  petition 
for  the  exclusion  of  said  land,  as  fully  as  though 
£>aid  petition  for  such  exclusion  were  never  filed 
and  said  order  or  decree  of  exclusion  never  made; 
and  for  the  purpose  of  discharging  such  outstand- 
ing indebtedness,  said  lands  so  excluded  shall  be 
deemed  and  considered  as  part  of  said  irrigation 
district  the  same  as  though  said  petition  for  its 
exclusion  had  never  been  filed  or  said  order  or 


500  Irrigation    Districts. 

decree  of  exclusion  never  made;  and  all  provisions 
which  may  have  been  resorted  to  to  compel  the 
payment  by  said  lands  of  its  quota  or  portion  of 
said  outstanding  obligations,  had  said  exclusion 
never  been  accomplished,  may,  notwithstanding 
eaid  exclusion,  be  resorted  to  to  compel  and  en- 
force the  payment  on  the  part  of  said  lands  of  its 
quota  and  portion  of  said  outstanding  obligations 
of  said  irrigation  district  for  wliich  it  is  liable,  as 
herein  provided.  But  said  land  so  excluded  shall 
not  be  held  answerable  or  chargeable  for  any  ob- 
ligation of  any  nature  or  kind  whatever,  incurred 
after  the  tiling  with  the  board  of  directors  of  said 
district  of  the  petition  for  the  exclusion  of  said 
lauds  from  the  said  district;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  any 
outstanding  bonds,  the  holders  of  which  have  as- 
sented to  the  exclusion  of  such  lands  from  said 
district,  as  hereinbefore  provided. 

Ix\CLUSION    OF    LANDS. 

Sec.  85.  The  boundaries  of  any  irrigation  dis- 
trict now  organized  or  hereafter  organized  under 
the  provisions  of  this  act  may  be  changed  in  the 
manner  herein  prescribed;  but  such  change  of  the 
boundaries  of  the  district  shall  not  impair  or  affect 
its  organization,  or  its  rights  in  or  to  property,  or 
any  of  its  rights  or  privileges  of  whatsoever  kind 
or  nature;  nor  shall  it  affect,  impair,  or  discharge 
any  contract,  obligation,  lien,  or  charge  for  or 
upon  which  it  was  or  might  become  liable  or 
chargeable,  liad  such  change  of  its  boundaries  not 
been  made. 

Sec,  80.  Tlie  holder  or  holders,  of  title,  or  evi- 
dence of  title,  representing  one-half  or  more  of 
any  body  of  lands  adjacent  to  the  boundary  of  an 
irrigation  district,  which  are  contiguous,  and 
which,  taken  together,  constitute  one  tract  of  land, 
may  file  with  the  board  of  directors  of  said  dis- 
trict a  petition,  in  writing,  praying  that  the  boun- 
daries of  said  district  may  be  so  clianged  as  to 
include  therein  said  hinds.  The  petition  shall  de- 
scribe the  boundaries  of  said  parcel  or  tract  of 
land,  and  shall  also  describe  the  boundaries  of 
che  several  parcels  owned  by  the  petitioners,  if  the 
petitioners  be  the  owners,  respectively  of  distinct 
parcels,  but  such  descriptions  need  not  be  more 


irrigation    Districts.  501 

particular  than  they  are  required  to  be  when  such 
lands  are  entered  by  the  county  assessor  in  the  as- 
sessment-booli.  Such  petition  must  contain  the 
assent  of  the  petitioners  to  the  inclusion  within 
said  district  of  the  parcels  or  tracts  of  land  de- 
scribed in  the  petition,  and  of  which  said  peti- 
tion alleges  they  are,  respectively,  the  owners; 
and  it  must  be  acknowledged  in  the  same  manner 
that  conveyances  of  land  are  required  to  be  ac- 
knowledged. 

Sec.  87.  The  secretary  of  the  board  of  directors 
ehall  cause  a  notice  of  the  filing  of  such  petition 
to  be  given  and  published  in  the  same  manner  and 
for  the  same  time  that  notices  of  special  elections 
for  the  issue  of  bonds  are  required  by  this  act  to 
be  published.  The  notice  shall  state  the  filing  of 
such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  peti- 
tion, and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interested  in,  or  that  may  be 
aftected  by  such  change  of  the  boundaries  of  the 
district,  to  appear  at  the  oflice  of  said  board,  at  a 
time  named  in  said  notice,  and  show  cause  in 
writing,  if  any  they  have,  why  the  change  in  the 
boundaries  of  said  district,  as  proposed  in  said 
petition,  sliould  not  be  made.  The  time  to  be  speci- 
fied in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the 
board  next  after  the  expiration  of  the  time  for  the 
publication  of  the  notice.  The  petitioners  shall 
advance  to  the  secretary  sufficient  money  to  pay 
the  estimated  costs  of  all  proceedings  under  this 
act. 

Sec.  88,  The  board  of  directors,  at  the  time  and 
place  mentioned  in  the  said  notice,  or  at  such 
other  time  or  times  to  which  the  hearing  of  said 
petition  may  be  adjourned,  shall  proceed  to  hear 
the  petition,  and  all  objections  thereto,  presented 
In  writing  by  any  person  showing  cause  as  afore- 
said why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure 
by  any  person  interested  in  said  district,  or  in  the 
matter  of  the  proposed  change  of  its  boundaries, 
to  show  cause,  in  writing,  as  aforesaid, 
shall  be  deemed  and  taken  as  an  assent 
on  his  part  to  a  change  of  the  bound- 
aries   of    the    district    as    prayed     for    in     said 


502  Irrigation   Districts. 

petition,  or  to  sucli  a  cliange  ttiereof  as  will  in- 
clude a  part  of  said  lands.  And  the  filing  of  sucb 
petition  witli  said  board,  as  aforesaid,  shall  be 
deemed  and  taken  as  an  assent  on  the  part  of  each 
and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  they  may  include  the  whole  or 
any  portion  of  the  lands  described  in  said  petition. 

Sec.  89.  The  board  of  directors  to  whom  such 
petition  is  presented,  may  require,  as  a  condition 
precedent  to  the  granting  of  the  same,  that  the 
petitioners  shall  severally  pay  to  such  district 
such  respective  sums,  as  nearly  as  the  same  can 
be  estimated  (the  several  amounts  to  be  deter- 
mined by  the  board),  as  said  petitioners  or  their 
grantors  would  have  been  required  to  pay  to  such 
district  as  assessments,  had  such  lands  been  in- 
cluded in  such  district  at  the  time  the  same  was 
originally  formed. 

Sec.  90.  The  board  of  directors,  if  they  deem  it 
not  for  the  best  interests  of  the  district  that  a 
change  of  its  boundaries  be  so  made  as  to  include 
therein  the  lands  mentioned  in  the  petition,  shall 
order  that  the  petition  be  rejected.  But  if  they 
deem  it  for  the  best  interests  of  the  district  that 
the  boundaries  of  said  district  be  changed,  and  if 
no  person  interested  in  said  district  or  the  pro- 
posed change  of  its  boundaries  sliows  cause,  in 
writing,  why  the  proposed  change  should  not  be 
made,  or  if,  having  sliown  cause,  witlidraws  the 
same,  the  board  may  order  that  the  boundaries  of 
the  district  be  so  changed  as  to  include  therein  the 
lauds  mentioned  in  said  petition  or  some  part 
thereof.  The  order  sliall  describe  the  boundaries 
as  changed,  and  shall  also  describe  the  entire 
bounds  ries  of  the  district  as  they  Avill  be  after  the 
change  thereof  as  aforesaid  is  made;  and  for  that 
purpose  the  board  may  cause  a  survey  to  be  made 
of  such  portions  of  such  boundary  as  is  deemed 
necessary. 

Sec.  91.  If  any  person  interested  in  said  dis- 
trict, or  the  proposed  change  of  its  boundaries, 
shall  show  cause  as  aforesaid  why  such  boun- 
daries should  not  be  changed,  and  shall  not  with- 
draw the  same,  and  if  the  board  of  directors  deem 
it  for  the  best  interests  of  the  district  that  the 
boundaries  thereof  be  so  changed  as  to  include 
tnerein  the  lands  mentioned  in  the  petition,  or 
some  part  thereof,  tlie  board  shall  adopt  a  resolu- 


Irrigation   Districts.  503 

tiou  to  that  effect.  The  resolution  shall  describe 
the  exterior  boundaries  of  the  lands  which  the 
board  are  of  the  opinion  should  be  included  within 
the  boundaries  of  the  district  when  changed. 

Sec.  92.  Upon  the  adoption  of  the  resolution 
mentioned  in  the  last  preceding  section,  the  board 
shall  order  that  an  election  be  held  within  said 
district,  to  determine  whether  the  boundaries  of 
the  district  shall  be  changed  as  mentioned  in  said 
resolution;  and  shall  fix  the  time  at  which  such 
election  shall  be  held,  and  cause  notice  thereof  to 
be  given  and  published.  Such  notice  shall  be 
given  and  published,  and  such  election  shall  be 
held  and  conducted,  the  returns  thereof  shall  be 
made  and  canvassed,  and  the  result  of  the  elec- 
tion ascertained  and  declared,  and  all  things  per- 
taining thereto  conducted  in  the  manner  pre- 
scribed by  said  act  in  case  of  a  special  election  to 
determine  whether  bonds  of  an  irrigation  district 
shall  be  issued.  The  ballots  cast  at  said  election 
shall  contain  the  words  "P^or  change  of  boundary," 
or  "Against  change  of  boundary,"  or  words  equiv- 
alent thereto.  The  notice  of  election  shall  de- 
scribe the  proposed  change  of  the  boundaries  in 
such  manner  and  terms  that  it  can  readily  be 
traced. 

Sec.  93.  If  at  such  election  a  majority  of  all  the 
votes  cast  at  said  election  shall  be  against  such 
change  of  the  boundaries  of  the  district,  the  board 
shall  order  that  said  petition  be  denied,  and  shall 
proceed  no  further  in  that  matter.  But  if  a  ma- 
jority of  such  votes  be  in  favor  of  such  change 
of  the  boundaries  of  the  district,  the  board  shall 
thereupon  order  that  the  boundaries  be  changed 
in  accordance  with  said  resolution  adopted  by  the 
board.  The  said  order  shall  describe  the  entire 
boundaries  of  said  district,  and  for  that  purpose 
the  board  may  cause  a  survey  of  such  portions 
thereof  to  be  made  as  the  board  may  deem  nec- 
essary. 

Sec.  94.  Upon  a  change  of  the  boundaries  of  a 
district  being  made,  a  copy  of  the  order  of  the 
board  of  directors  ordering  such  change,  certified 
by  the  president  and  secretary  of  the  board,  shall 
be  filed  for  record  in  the  recorder's  office  of  each 
county  within  which  are  situated  any  of  the  lands 
of  the  district,  and  thereupon  the  district  shall  be 


504  Irrigation   Districts-. 

and  remain  an  irrigation  district,  as  fully,  and  to 
every  intent  and  purpose,  as  if  the  lands  which 
are  included  in  the  district  by  the  change  of  the 
boundaries,  as  aforesaid,  had  been  included 
therein  at  the  original  organization  of  the  district, 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  or- 
der, as  in  the  last  preceding  section  mentioned, 
the  secretary  shall  record  in  the  minutes  of  the 
board  the  petition  aforesaid;  and  the  said  minutes, 
or  a  certified  copy  thereof,  shall  be  admissible  in 
evidence,  with  the  same  effect  as  the  petition. 

Sec.  96.  A  guardian,  an  executor,  or  an  admin- 
istrator of  an  estate,  who  is  appointed  as  such  un- 
der the  laws  of  this  state,  and  who,  as  such  guar- 
dian, executor,  or  administrator,  is  entitled  to  the 
possession  of  the  lands  belonging  to  the  estate 
which  he  represents,  may,  on  behalf  of  his  ward, 
or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign 
and  acknowledge  the  petition  in  this  act  mention- 
ed, and  may  show  cause,  as  in  this  act  mentioned, 
why  the  boundaries  of  the  district  should  not  be 
changed. 

Sec.  97.  In  case  of  the  inclusion  of  any  land 
within  any  district  by  proceedings  under  this  act, 
the  board  of  directors  must,  at  least  thirty  days 
prior  to  the  next  succeeding  general  election, 
maive  an  order  redividing  such  district  into  three 
or  five  divisions,  as  the  case  may  require,  as 
nearly  equal  in  size  as  may  be  practicable,  which 
shall  be  numbered  first,  second,  third,  and  so  on, 
and  one  director  shall  thereafter  be  elected  by 
each  division.  For  the  purposes  of  elections,  the 
board  of  directors  must  establish  a  convenient 
number  of  election  precincts  in  said  districts,  and 
define  the  boundaries  thereof,  which  said  pre- 
cincts may  be  changed  from  time  to  time,  as  the 
board  may  deem  necessary. 

REDUCTION  OF  BONDED  INDEBTEDNESS. 

Sec.  98.  Whenever  the  board  of  directors  of  an 
irrigation  district  heretofore  organized,  or  hereaf- 
ter organized  under  the  provisions  of  this  act,  shall 
determine  that  the  authorized  bonded  iudebt- 
ness  of  such  inigation  district  is  greater  than 
such  district  is  liable    to    need    to  complete    its 


Irrigation  Districts.  505 

system  as  planned,  and  there  be  no  outstanding 
bonds,  tlie  board  of  directors  may  call  a  special 
election  lor  tlie  purpose  of  voting  upon  a  proposi- 
tion to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufficient 
for  such  purpose. 

Sec.  99.  Notice  of  the  said  election  shall  be 
given  in  the  same  manner  as  provided  in  section 
thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  elec- 
tion must  state  the  amount  of  the  authorized  bond- 
ed indebtedness  of  such  district,  and  the  amount 
to  which  it  is  proposed  to  reduce  the  same;  also, 
the  date  on  which  said  election  will  be  held,  and 
the  polling  places,  as  established  by  said  board  of 
directors.  The  ballots  cast  at  said  election  shall 
contain  the  words,  "For  reducing  bonds— Yes,"  or, 
"For  reducing  bonds— No."  When  the  vote  is  can- 
vassed by  the  board  of  directors  and  entered  of  re- 
cord, if  a  majority  of  the  votes  cast  shall  be  "For 
reducing  bonds— Yes,"  then  in  that  event  the  board 
of  directors  shall  only  be  empowered  to  issue  or 
sell  sucii  amount  of  bonds  as  was  stipulated  in  the 
said  notice  of  such  special  election;  but  if  a  ma- 
jority of  said  votes  are  not  "For  reducing  bonds- 
Yes,"  then  the  authority  to  issue  bonds  shall  re- 
main the  same  as  before  said  special  election  was 
held. 

Sec.  99%.  In  case  there  be  outstanding  bonds 
of  any  district  desiring  to  take  advantage  of  the 
provisions  of  this  act  concerning  reduction  of 
bonded  indebtedness,  the  assent  of  such  bondhold- 
ers may  be  obtained  to  such  reduction  of  the 
bonded  indebtedness,  in  the  same  manner  as  pro- 
vided in  section  seventy-nine  of  this  act.  If  such 
assent  is  obtained  in  the  manner  therein  provided, 
then,  and  in  that  event,  such  district  shall  be  em- 
powered to  take  advantage  of  all  the  provision? 
of  this  act,  but  not  otherwise.  No  reduction  of 
the  bonded  indebtedness,  as  in  this  act  provided, 
shall  in  any  manner  affect  any  order  of  court 
that  may  have  been  made,  adjudicating  and  con- 
firming the  validity  of  said  bonds. 
Gen.  Laws— ^3. 


506  Irrigation   Districts. 

LEASE  OF  WATER. 

Sec.  100.  Whenever  any  irrigation  district,  laere- 
tofore  organized,  or  hereafter  organized  under  the 
provisions  of  this  act,  in  the  development  of  its 
worlds  as  by  law  provided,  may  have  opportunity, 
without  increased  expenditure,  to  utilize  the  wa- 
ter by  it  owned  or  controlled,  for  mechanical  pur- 
poses not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as 
in  this  act  hereinafter  provided. 

Sec.  101.  Whenever  the  board  of  directors  may 
desire  to  lease  the  use  of  water,  as  hereinbefore 
stated,  they  shall  pass  a  resolution  of  intention 
to  so  lease  the  same.  Immediately  thereafter  the 
secretary  shall  cause  notice  of  such  intention  to 
be  given  by  publication  in  one  newspaper  pub- 
lished in  each  county  in  which  lands  of  the  dis- 
trict are  situated,  for  at  least  twenty  days  (pro- 
vided, a  newspaper  is  published  therein,  otherwise 
in  any  newspaper  the  board  of  directors  may  se- 
lect), and,  if  the  board  thinks  proper  in  such  other 
newspapers  as  may  be  deemed  advisable,  calling 
for  bids  for  the  leasing  of  said  water  for  the  pur- 
poses hereinbefore  mentioned.  Said  notice  shall 
state  that  the  board  will  receive  sealed  proposals 
therefor,  that  the  lease  will  be  let  to  the  highest 
responsible  bidder,  stating  the  time  and  place  of 
opening  said  proposals. 

Sec.  102.  At  the  time  and  place  appointed  the 
board  shall  proceed  to  open  the  proposals  in  pub- 
lic. As  soon  thereafter  as  may  be  convenient  the 
board  shall  let  said  lease  in  portions,  or  as  a  whole, 
to  the  highest  responsible  bidder,  or  they  may  re- 
ject any  or  all  bids,  and  readvertise  for  proposals 
for  the  same. 

Sec.  103.  The  rental  accruing  upon  said  lease 
may  vary  from  year  to  year,  as  shall  be  specified 
in  said  lease,  and  shall  be  payable  semi-annually, 
on  the  thirtieth  day  of  December  and  thirtieth  day 
of  June  of  each  year.  All  moneys  collected,  as  in 
this  act  provided,  shall  be  paid  into  the  treasury, 
and  be  apportioned  to  such  funds  as  may  be  deem- 
ed advisable. 

Sec.  104.  The  board  shall  have  power,  as  in  this 
act  provided,  to  execute  a  lease  for  any  period  not 
exceeding  twenty-five  years.  If  at  any  time  the 
rental  shall  not  be  paid  on  the  days  hereinbefore 


Irrigation    Districts.  507 

mentioned,  the  amount  of  such  rental  then  due 
shall  be  doubled,  and  if  not  paid  withm  ninety- 
days  thereafter,  the  said  lease  shall  be  forfeited 
to  said  district,  together  with  any  and  all  works 
constructed,  owned,  used,  or  controlled  by  said 
lessee. 

Sec.  105.  Upon  the  letting  of  any  lease,  as  in 
this  act  provided,  the  board  may  require  the  lessee 
to  execute  a  bond  for  the  faithful  performance  of 
the  covenants  of  said  lease,  or  give  such  other  evi- 
dence of  good  faith  as  in  their  judgment  may  be 
necessary. 

DESTRUCTION  OF  UNSOLD  BONDS. 

Sec.  106.  Whenever  there  remains  in  the  hands 
of  the  board  of  directors  of  any  irrigation  district 
heretofore  organized,  or  organized  under  the  pro- 
visius  of  this  act,  after  the  completion  of  its  ditch 
system,  and  the  payment  of  all  demands  against 
such  district,  any  bonds  voted  to  be  issued  by  said 
district,  but  not  sold,  and  not  necessary  to  be 
sold  for  the  raising  of  funds  for  the  use  of  such 
district,  said  board  of  directors  may  call  a  special 
election  for  the  purpose  of  voting  upon  a  propo- 
sition to  destroy  said  unsold  bonds,  or  so  many  of 
them  as  may  be  deemed  best,  or  may  submit  such 
proposition  at  a  general  election. 

Sec.  107.  Such  election  shall  be  held  in  the  same 
manner  as  other  elections  held  under  the  provi- 
sions of  this  act.  A  notice  of  such  election  shall 
be  given  in  the  same  manner  as  provided  in  sec- 
tion thirty  of  this  act  in  relation  to  calling  special 
elections  for  the  issuance  of  bonds.  The  notice  of 
election  must  state  the  amount  of  the  bonded  in- 
debtedness of  such  district  authorized  by  the  vote 
of  the  district,  the  amount  of  the  bonds  remaining 
unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to 
be  held,  and  the  polling  places  as  fixed  by  the 
board  of  directors.  The  ballots  to  be  cast  at  such 
election  shall  contain  the  words  "For  destroying 
bonds— Yes,"  and  "For  destroying  bonds— No,"  and 
t}ie  voter  must  erase  the  word  "No"  in  case  he 
favors  the  destruction  of  bonds,  otherwise  the 
word  "Yes." 

Sec.  108.  When  the  vote  is  canvassed  by  the 
board  of  directors  and  entered  of  record,  if  a  two- 


508  Irrigation   Districts. 

thirds  majority  of  the  votes  east  should  be  found 
to  be  in  favor  of  the  destruction  of  said  bonds, 
then  the  president  of  the  board,  in  the  presence  of 
a  majority  of  the  members  of  the  board,  must  de- 
stroy the  bonds  so  voted  to  be  destroyed;  and  the 
total  amount  of  bonds  so  destroyed  and  canceled 
shall  be  deducted  from  the  sum  authorized  to  be 
issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 

Sec.  109.  Nothing  in  this  act  shall  be  so  con- 
strued as  to  affect  the  validty  of  any  district  here- 
tofore organized  under  the  laws  of  this  state,  or  its 
rights  in  or  to  property,  or  any  of  its  rights  or 
privileges  of  whatsoever  liind  or  nature;  but  said 
districts  are  hereby  made  subject  to  the  provisions 
of  this  act  so  far  as  applicable;  nor  shall  it  affect, 
impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for,  or  upon  whicli  it  was  or  might  be- 
come liable  or  chargeable  had  not  this  act  been 
passed;  nor  shall  it  affect  the  validity  of  any  bonds 
whuh  have  been  issued  but  not  sold;  nor  shall  it 
affect  any  action  which  now  may  be  pending. 

Sec.  110.  Nothing  in  this  act  shall  be  construed 
as  repealing  or  in  anywise  modifying  the  provi- 
sions of  any  otJier  act  relating  to  the  subject  of 
in'igation  or  water  commissioners,  except  such  as 
may  be  contained  in  the  act,  an  act  entitled  an 
act  to  provide  for  the  organization  and  government 
of  irrigation  districts,  and  to  provide  for  the  ac- 
quisition of  water  and  other  property,  and  for  the 
distribution  of  water  thereby  for  irrigation  pur- 
poses, approved  March  seventh,  eighteen  hundred 
and  eighty-seven,  and  the  subsequent  acts  supple- 
mentary thereto,  and  amendatory  thereot,  all  of 
which  acts  so  far  as  they  may  be  inconsistent 
herewith,  are  hereby  repealed. 

Sec.  111.  This  act  sliall  take  effect  from  and  af- 
ter its  passage  and  approval. 

An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigntion  districts,  and  to  provide  for 
the  acquisition  of  water  and  other  property, 
and  for  tlie  distribution  of  water  thereby  for 
irrigation  purposes. 
[Approved  iS'larch  7,  1SS7;  Stats.  1887,  p.  29.] 


Irrigation   Districts.  509 

Organization  of  irrigation  districts— Powers  con- 
ferred. 

Section  1.  Whenever  fifty,  or  a  majority  of  the 
holders  of  title,  or  evidence  of  title,  to  lands  sus- 
ceptible of  one  mode  of  irrigation  from  a  common 
source  and  by  the  same  system  of  worlds,  desire 
to  provide  for  the  irrigation  of  the  same,  they 
may  propose  the  organization  of  an  irrigation  dis- 
trict, under  the  provisions  of  this  act,  and  when 
so  organized  such  district  shall  have  the  powers 
conferred  or  that  may  hereafter  be  conferred  by 
law  upon  such  irrigation  districts.  The  equalized 
county  assessment  roll  next  preceding  the  presen- 
tation of  a  petition  for  the  organization  of  an  irri- 
gation district,  under  the  provisions  of  this  act, 
shall  be  sufficient  evidence  of  title  for  the  purposes 
of  this  act.  [Amendment  approved  March  20, 
1891;  Stats.  1891,  142.] 
Petition  board   of   supervisors. 

Sec.  2.  A  petition  shall  first  be  presented  to  the 
board  of  supervisors  of  the  county  in  which  the 
land,  or  the  greatest  portion  thereof,  is  situated, 
signed  by  the  required  number  of  holders  of  title, 
or  evidence  of  title,  of  such  proposed  district  evi- 
denced as  above  provided,  which  petition  shall  set 
forth  and  particuarly  describe  the  proposed  boun- 
daries of  such  district,  and  shall  pray  that  the 
same  may  be  organized  under  the  provisions  of 
this  act.  The  petitioners  must  accompany  the  pe- 
tition with  a  good  and  sufficient  bond,  to  be  ap- 
proved by  the  said  board  of  supervisors,  in  double 
the  amount  of  the  probable  cost  of  organizing  such 
district,  conditioned  that  the  bondsmen  will  pay 
all  the  said  costs  in  case  said  organizations  shall 
not  be  effected.  Such  petition  shall  be  presented 
at  a  regular  meeting  of  the  said  board,  and  shall 
be  published  for  at  least  two  weeks  before  the 
time  at  which  the  same  is  to  be  presented,  in  some 
newspaper  printed  and  published  in  the  county 
where  said  petition  is  presented,  together  with  a 
notice  stating  the  time  of  the  meeting  at  which 
the  same  will  be  presented;  and  if  any  portion  of 
such  proposed  district  lie  within  another  county 
or  counties,  then  said  petition  and  notice  shall  be 
published  in  a  newspaper  published  in  each  of 
said  counties.  When  such  petition  is  presented, 
the  said  board  of  supervisors  shall  hear  the  same 
and  may  adjourn  such  hearing  from  time  to  time, 


510  IiTigatiou    Districts. 

not  exceeding  four  weeks  in  all;  and  on  the  final 
hearing  may  make  such  changes  in  the  proposed 
boundaries  as  they  may  find  to  be  proper,  and 
shall  establish  and  define  such  boundaries;  pro- 
vided, tliat  said  board  shall  not  modify  said  boun- 
daries so  as  to  except  from  the  operation  of  this 
act  any  territory  within  the  boundaries  of  the  dis- 
trict proposed  by  said  petitioners  which  is  suscep-. 
tible  of  irrigation  by  the'  same  system  of  works 
applicable  to  the  other  lands  in  such  proposed  dis- 
trict; nor  shall  any  lands  which  will  not,  in  the 
judgment  of  the  said  board,  be  benefited  by  irri- 
gation by  said  system  be  included  within  such 
district;  provided,  that  any  person  whose  lauds 
are  susceptible  of  irrigation  from  the  same  source 
may,  in  the  discretion  of  the  board,  upon  applica- 
tion of  the  owner  to  said  board,  have  such  lands 
included  in  said  district.  Said  board  shall  also 
make  an  order  dividing  said  district  into  five  di- 
visions, as  nearly  equal  in  size  as  may  be  practi- 
cable, which  shall  be  numbered  first,  second,  third, 
fourth,  and  fifth,  and  one  director,  who  shall  be  a 
freeholder  in  the  division,  and  an  elector  and  resi- 
dent of  the  district,  shall  be  elected  by  each  divi- 
sion; provided,  that  if  a  majority  of  the  holders  of 
title  or  evi'dence  of  title,  evidenced  as  above  pro- 
vided, petition  for  the  formation  of  a  district,  the 
board  of  supervisors  may,  if  so  requested  in  the 
petition,  order  that  the:  ?  may  be  either  three  or 
five  directors,  as  said  board  may  order,  for  such 
district,  and  that  they  may  be  elected  by  the  dis 
trict  at  large.  Said  board  of  supervisors  shall  then 
gire  notice  of  an  election  to  be  held  in  such  pro- 
posed district,  for  the  purpose  of  determining 
whether  or  not  the  same  shall  be  organized  under 
the  provisions  of  this  act.  Such  notice  shall  de- 
scribe the  boundaries  so  established,  and  shall  des- 
ignate a  name  for  such  proposed  district,  and  said 
notice  shall  be  published  for  at  least  three  weeks 
prior  to  such  election  in  a  newspaper  published 
within  said  county;  and  if  any  portion  of  such 
proposed  district  lie  witliin  another  county  or  coun- 
ties, then  said  notice  sliall  be  published  in  a  news- 
paper published  within  each  of  said  counties. 
Such  notice  shall  require  the  electors  to  cast  bal- 
lots, which  shall  contain  the  w^ords  'irrigation 
District— Yes,"    or    "Irrigation    District— No,"    or 


IiTigation   Districts.  511 

words  equivalent  thereto,  and  also  the  names  of 
persons  to  be  voted  for  to  fill  the  various  elective 
ofli'ces  hereinafter  prescribed.  No  person  shall  be 
entitled  to  vote  at  any  election  held  under  the  pro- 
visions of  this  act  unless  lie  shall  possess  all  the 
qualifications  required  of  electors  under  the  gen- 
eral election  laws  of  this  state.  [Amendment  ap- 
proved March  20,  1891;  Stats.  1891,  142.] 
Canvass  of  vote. 

Sec.  3.  Such  election  shall  be  conducted  as  near- 
ly as  practicable  in  accordance  with  the  general 
laws  of  this  state;  provided,  that  no  particular 
form  of  ballot  shall  be  required.  The  said  board 
of  supervisors  shall  meet  on  the  second  Monday 
next  succeeding  such  election,  and  proceed  to  can- 
vass the  votes  cast  thereat,  and  if  upon  such  can- 
vass it  appear  that  at  least  two-thirds  of  all  the 
votes  cast  are  "Irrigation  District— Yes,"  the  said 
board  shall,  by  an  order  entered  on  its  minutes, 
declare  such  territory  duly  organized  as  an  irriga- 
tion district,  under  the  name  and  style  theretofore 
designated,  and  shall  declare  the  persons  receiv- 
ing, respectively,  the  highest  number  of  votes  for 
such  several  offices  to  be  duly  elected  to  such 
offices.  And  no  action  shall  be  commenced  or 
maintained,  or  defense  made,  affecting  the  validity 
of  the  organization,  unless  the  same  shall  have 
been  commenced  or  made  within  two  years  after 
the  making  and  entering  of  said  order.  Said 
board  shall  cause  a  copy  of  such  order,  duly  certi- 
fied, to  be  immediately  filed  for  record  in  the  office 
of  the  county  recorder  of  each  county  in  which 
any  portion  of  such  lands  are  situated,  and  must 
also  immediately  forward  a  copy  thereof  to  the 
clerk  of  the  board  of  supervisors  of  each  of  the 
counties  in  which  any  portion  of  the  district  may 
lie;  and  no  board  of  supervisors  of  any  county  in- 
cluding any  portion  of  such  district  shall,  after  the 
date  of  the  organization  of  such  district,  allow  an- 
other district  to  be  formed  including  any  of  the 
lands  in  such  district,  without  the  consent  of  the 
board  of  directors  thereof;  and  from  and  after  the 
date  of  such  filing,  the  organization  of  such  dis- 
trict shall  be  complete,  and  the  officers  thereof 
shall  be  entitled  to  enter  immediately  upon  the 
duties  of  their  respective  offices,  upon  qualifying 
in  accordance  with  law,  and  shall  hold  such  offices. 


512  Irrigation   Districts. 

respectively,  until  their  successors  are  elected  and 
qualified.  For  tlie  purposes  of  tlie  election  above 
provided  for,  the  said  board  of  supervisors  must 
establish  a  convenient  number  of  election  pre- 
cincts in  said  proposed  district,  and  define  the 
boundaries  thereof,  which  said  precincts  may 
thereafter  be  changed  by  the  board  of  directors 
of  such  district.  In  any  district  the  board  of  di- 
rectors thereof  may,  upon  the  presentation  of  a 
petition  therefor,  by  a  majority  of  the  holders  of 
title  or  evidence  of  title  of  said  district,  evidenced 
as  above  provided,  order  that  on  and  after  the 
next  ensuing  general  election  for  the  district  there 
shall  be  either  three  or  five  directors,  as  said 
board  may  order,  and  that  they  shall  be  elected  by 
the  district  at  large,  or  by  divisions,  as  so  peti- 
tioned and  ordered;  and  after  such  order  such  di- 
rectors shall  be  so  elected.  [Amendment  approv- 
ed March  20,  1891;  Stats.  1891,  142.] 
Time  for  election,  and  officers  to  be  elected. 

See.  4.  An  election  shall  be  held  in  each  district 
on  the  first  Wednesday  in  February,  eighteen  hun- 
dred and  ninety-three,  and  on  the  first  Wednesday 
in  February  in  each  second  year  thereafter,  at 
which  an  assessor,  a  collector,  and  a  treasurer, 
and  a  board  of  directors  for  the  district  shall  be 
elected.  The  person  receiving  the  highest  number 
of  votes  for  any  office  to  be  filled  at  such  election 
is  elected  thereto,  and  shall  hold  office  from  the 
first  Tuesday  in  March  next  after  for  two  years, 
and  until  his  successor  is  elected  and  qualified. 
Within  ten  days  after  receiving  their  certificates 
of  election,  hereinafter  provided  for,  said  officers 
shall  take  and  subscribe  the  official  oath  and  file 
the  same  in  the  office  of  the  board  of  directors 
and  execute  the  bond  hereinafter  provided  for. 
The  assessor  shall  execute  an  official  bond  in  the 
sum  of  five  thoasand  dollars,  and  the  collector  an 
official  bond  in  the  sum  of  twenty  thousand  dol- 
lars, and  tlie  district  treasurer  an  official  bond  in 
the  sum  of  fifty  thousand  dollars,  each  of  said 
bonds  to  be  ajiproved  by  the  board  of  directors; 
and  each  member  of  said  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thou- 
sand dollars,  which  said  bonds  shall  be  approved 
by  the  judge  of  the  superior  court  of  said  county 
where  such  organization  ^vas  eifected,  and  shall 
be  recorded  in  the  office  of  the  county  recorder 


Irrigation   Districts.  513 

thereof,  and  filed  with  the  secretary  of  said  board. 
All  official  bonds  herein  provided  for  shall  be  in 
the  form  prescribed  by  law  for  the  oflBcial  bonds 
of  county  officers.  [Amendment  approved  March 
2U,  1891;  Stats.  1891,  142.] 
Posting  of  election  notices. 

Sec.  5.  Fifteen  days  before  any  election  held 
under  this  act,  subsequent  to  the  organization  of 
any  district,  the  secretary  of  the  board  of  directors 
shall  cause  notices  to  be  posted  in  three  public 
places  in  each  election  precinct,  of  the  time  and 
place  of  holding  the  election,  and  shall  also  post 
a  general  notice  of  the  same  in  the  office  of  said 
board,  which  shall  be  established  and  kept  at  some 
fixed  place  to  be  determined  by  said  board,  speci- 
fying the  polling-places  of  each  precinct.  Prior  to 
the  time  for  posting  the  notices,  the  board  must 
appoint  for  each  precinct,  from  the  electors  there- 
of, one  inspector  and  two  judges,  •  who  shall  con- 
stitute a  board  of  election  for  such  precinct.  If 
the  board  fail  to  appoint  a  board  of  election,  or 
the  members  appointed  do  not  attend  at  the  open- 
ing of  the  polls  on  the  morning  of  election,  the 
electors  of  the  precinct  present  at  that  hour  may 
appoint  the  board,  or  supply  the  place  of  an  absent 
member  thereof.  The  board  of  directors  must,  in 
its  order  appointing  the  board  of  election,  desig- 
nate the  house  or  place  within  the  precinct  where 
the  election  must  be  held. 
Chairman  of  election  board— Duties  of. 

Sec.  6.  The  inspector  is  chairman  of  the  elec- 
tion board,  and  may,— 

First— Administer  all  oaths  required  in  the  prog- 
ress of  an  election. 

Second— Appoint  judges  and  clerks,  if,  during 
the  progress  of  the  election,  any  judge  or  clerk 
cease  to  act.  Any  member  of  the  board  of  elec- 
tion, or  any  clerk  thereof,  may  administer  and  cer- 
tify oaths  required  to  be  administered  during  the 
progress  of  an  election.  The  board  of  election  for 
each  precinct  must,  before  opening  the  polls,  ap- 
point two  persons  to  act  as  clerks  of  the  election. 
Before  opening  the  polls,  each  member  of  the 
board  and  each  clerk  must  take  and  subscribe  an 
oath  to  faithfully  perform  the  duties  imposed  upon 
them  by  law.    Any  elector  of  the  precinct  may  ad- 


514  Irrigation   Districts. 

minister  and  certify  sucli  oath.  Tlie  polls  must 
be  opened  one  hour  after  sunrise  on  the  morning 
of  the  election,  and  be  kept  open  until  sunset, 
when  the  same  must  be  closed.  The  provisions  of 
the  Political  Code  concerning  the  form  or  ballots 
to  be  used  shall  not  apply  to  elections  held  under 
this  act. 
Time  of  voting. 

Sec.  7.  Voting  may  commence  as  soon  as  the 
polls  are  opened,  and  may  be  continued  during  all 
the  time  the  polls  remain  opened,  and  shall  be  con- 
ducted as  nearly  as  practicable  in  accordance  with 
the  provisions  of  chapter  nine  of  title  two  of  part 
three  of  the  Political  Code  of  this  state.  As  soon 
as  the  polls  are  closed,  the  judges  shall  open  the 
ballot-box  and  commence  counting  the  votes;  and 
in  no  case  shall  the  ballot-box  be  removed  from 
the  room  in  which  the  election  is  held  until  all 
the  ballots  have  been  counted.  The  counting  of 
ballots  shall  in  all  cases  be  public.  The  ballots 
shall  be  taken  out,  one  by  one,  by  the  inspector  or 
one  of  the  judges,  who  shall  open  them  and  read 
aloud  the  nafnes  of  each  person  contained  therein, 
and  the  office  for  which  every  such  person  is  voted 
for.  Each  clerk  shall  write  down  each  office  to  be 
filled,  and  the  name  of  each  person  voted  for  for 
such  office,  and  shall  keep  the  number  of  votes  by 
tallies,  as  they  are  read  aloud  by  the  inspector  or 
judge.  The  counting  of  votes  shall  be  continued 
without  adjournment  until  all  have  been  counted. 
Manner  of  certifying  to  returns. 

Sec.  8.  As  soon  as  all  the  votes  are  read  off  and 
counted,  a  certificate  shall  be  drawn  up  on  each  of 
the  papers  containing  the  poll  list  and  tallies,  or 
attached  thereto,  stating  the  number  of  votes  each 
one  voted  for  has  received,  and  designating  the  of- 
fice to  fill  which  he  Avas  voted  for,  which  number 
shall  be  written  in  figures  and  in  words  at  full 
length.  Each  certificate  shall  be  signed  by  the 
clerk,  judge,  and  the  inspector.  One  of  said  cer- 
tificates, with  the  poll  list  and  the  tally  paper  to 
which  it  is  attaclied,  shall  be  retained  by  the  in- 
spector, and  preserved  by  him  at  least  six  months. 
The  ballots  shall  be  strung  upon  a  cord  or  thread 
by  tlie  inspector  during  the  counting  thereof,  in 
the  order  in  which  they  are  entered  upon  the  tally 


Irrigation   Districts.  515 

list  by  the  elerlis;  and  said  ballots,  together  with 
the  other  of  said  certificates,  with  the  poll  list  and 
tally  paper  to  which  it  is  attached,  shall  be  sealed 
by  the  inspector  in  the  presence  of  the  judges  and 
clerks,  and  indorsed  "Election  Returns  of  (naming 
the  precinct)  Precinct,"  and  be  directed  to  the  sec- 
retary of  the  board  of  directors,  and  shall  be  im- 
mediately delivered  by  the  inspector,  or  by  some 
other  safe  and  responsible  carrier  designated  by 
said  inspector,  to  said  secretary,  and  the  ballots 
shall  be  kept  unopened  for  at  least  six  months, 
and  if  any  person  be  of  the  opinion  that  the  vote 
of  any  precinct  has  not  been  correctly  counted,  he 
may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and 
demand  a  recount  of  the  vote  of  the  precinct  that 
is  so  claimed  to  have  been  incorrectly  counted. 
Canvassing  returns. 

Sec.  9.  No  list,  tally  paper,  or  certificate  return- 
ed from  any  election  shall  be  set  aside  or  rejected 
for  want  of  form,  if  it  can  be  satisfactorily  under- 
stood. The  board  of  directors  must  meet  at  its 
usual  place  of  meeting  on  the  first  Monday  after 
each  election  to  canvass  the  returns.  If,  at  the 
time  of  meeting,  the  returns  from  each  precinct 
in  the  district  in  which  the  polls  were  opened  have 
been  received,  the  board  of  directors  must  then 
and  there  proceed  to  canvass  the  returns,  but  if 
all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the 
returns  have  been  received,  or  until  six  postpone- 
ments have  been  had.  The  canvass  must  be  made 
in  public  and  by  opening  the  returns  and  estimat- 
ing the  vote  of  the  district,  for  each  person  voted 
for,  and  declaring  the  result  thereof. 
Statement  of  result. 

Sec.  10.  The  secretary  of  the  board  of  directors 
must,  as  soon  as  the  result  is  declared,  enter  in 
the  records  of  such  board  a  statement  of  such  re- 
sult, which  statement  must  show,— 

First — The  whole  number  of  votes  cast  in  the 
district,  and  in  each  division  of  the  district. 

Second— The  names  of  the  persons  voted  for. 

Third— The  office  to  fill  which  each  person  was 
voted  for. 

Fourth— The  number  of  votes  given  in  each  pre- 
cinct to  each  of  such  persons. 


516  Irrigation    Districts. 

Fiftli— The  number  of  votes  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  giv- 
en in  the  district  for  the  offices  of  assessor,  col- 
lector, and  treasurer. 
Election,  how  entered. 

The  board  of  directors  must  declare  elected  the 
persons  having  the  highest  number  of  votes  given 
for  each  office.  The  secretarj^  must  immediately 
make  out  and  deliver  to  such  person  a  certificate 
of  election,  signed  by  him,  and  authenticated  with 
the  seal  of  the  board.  In  case  of  a  vacancy  in 
the  office  of  assessor,  collector,  or  treasurer,  the 
vacancy  shall  be  filled  by  appointment  of  the 
board  of  directors.  In  case  of  a  vacancy  in  the 
office  of  director,  the  vacancy  shall  be  filled  by 
appointment  by  the  board  of  supervisors  of  the 
county  where  the  office  of  such  board  of  directors 
is  situated  from  the  division  in  which  the  vacancy 
occurred.  An  officer  appointed  as  above  provided 
shall  hold  his  office  until  the  next  regular  election 
for  said  district,  and  until  his  successor  is  elected 
and  qualified.  [Amendment  approved  February 
16,  1889;  Stats.  1889,  15.] 
Organization  of  Board. 

Sec.  11.  On  the  first  Tuesday  in  March  next  fol- 
lowing their  election,  the  board  of  directors  shall 
meet  and  organize  as  a  board,  elect  a  president 
from  their  number,  and  appoint  a  secretary,  who 
sliall  each  hold  office  during  the  pleasure  of  the 
board.  The  board  shall  have  the  power,  and  it 
shall  be  their  duty,  to  manage  and  conduct  the 
business  and  affairs  of  the  district:  make  and  exe- 
cute all  necessary  contracts;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  re- 
quired, and  prescribe  their  duties;  establish  equi- 
table by-laws,  rules,  and  regulations  for  the  dis- 
tribution and  use  of  water  among  the  owners  of 
said  lauds,  and  generally  to  perform  all  such  acts 
as  shall  be  necessary  to  fully  carry  out  the  pur- 
poses of  this  act.  The  said  by-laws,  rules,  and 
regulations  must  be  printed  in  convenient  form 
for  distribution  in  the  district.  And  it  is  hereby 
expressly  provided  that  all  waters  distributed  for 
irrigation  purposes  shall  be  apportioned  ratably  to 
each  landowner  upon  the  basis  of  the  ratio  which 
the  last  assessment  of  such  owner  for  district  pur- 


Irrigation   Districts.  517 

poses  witliin  said  district  bears  to  the  whole  sum 

assessed  upon    the    district;    provided,    that    any 

landowner  may  assign  the  right  to  the  whole  or 

any  portion  of  the  waters  so  apportioned  to  him. 

[Amendment  approved  March  20,  1891;  Stats.  1891, 

142.] 

Meeting  of  directors. 

Sec.  12.  The  board  of  directors  shall  hold  a  reg- 
ular monthly  meeting  in  their  oflQce,  on  the  first 
Tuesday  in  every  month,  and  such  special  meet- 
ings as  may  be  required  for  the  proper  transac- 
tion of  business;  provided,  that  all  special  meetings 
must  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days' 
notice  thereof  must,  by  the  secretary,  be  given  to 
each  member  not  joining  in  the  order.  The  order 
must  specify  the  business  to  be  transacted,  and 
none  other  than  that  specified  must  be  transacted 
at  such  special  meeting.  All  meetings  of  the  board 
must  be  public,  and  three  members  shall  consti- 
tute a  quorum  for  the  transaction  of  business;  but 
on  all  questions  requiring  a  vote  there  shall  be  a 
concurrence  of  at  least  three  members  of  said 
board.  All  records  of  the  board  shall  be  open  to 
the  inspection  of  any  elector  during  business  houi*s. 
The  board  and  its  agents  and  employees  shall  have 
the  right  to  enter  upon  any  land  to  make  surveys, 
and  may  locate  the  necessary  irrigation  worlis  and 
the  line  for  any  canal  or  canals,  and  the  necessary 
branches  for  the  same,  on  any  lands  which  may 
be  deemed  best  for  such  location.  Said  board 
shall  also  have  the  right  to  acquire,  either  by  pur- 
chase or  condemnation  or  other  legal  means,  all 
lands,  and  waters  and  water  rights,  and  other 
property  necessary  for  the  construction,  use,  sup- 
ply, maintenance,  repair,  and  improvements  of 
said  canal  or  canals  and  works,  including  canals 
and  works  constructed  and  being  constructed  by 
private  owners,  lands  for  reservoirs  for  the  storage 
of  needful  waters,  and  all  necessary  appurte- 
nances. In  case  of  purchase,  the  bonds  of  the  dis- 
trict hereinafter  provided  for  may  be  used  at  their 
par  value  in  payment;  and  in  case  of  condemna- 
tion the  board  shall  proceed,  in  the  name  of  the 
district,  under  the  provisions  of  title  seven,  of  part 
three,  of  the  code  of  civil  procedure.  Said  board 
Gen.  Laws — 44. 


518  Irrigation   Districts. 

ma.v  also  construct  the  necessary  dams,  reservoirs, 
and  works  for  the  collection  of  water  for  said  dis- 
trict, and  do  any  and  every  lawful  act  necessary 
to  be  done  that  sutlicient  water  may  be  furnished 
to  each  landowner  in  said  district  for  irrigation  pur- 
poses. The  use  of  all  water  required  for  the  ir- 
rigation of  the  lands  of  any  district  formed  under 
the  provisions  of  this  act,  together  with  the  rights 
of  way  for  canals  and  ditches,  sites  for  reservoirs, 
and  all  other  property  required  in  fully  carrying 
out  the  provisions  of  this  act,  is  hereby  declared 
to  be  a  public  use,  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by 
law.  [Amend merit  approved  March  20,  1891;  Stats. 
1891,  142.] 
Title  to  property  acquired  under  provisions  of  act. 

Sec.  13.  The  legal  title  to  all  property  acquired 
under  the  provisions  of  this  act  shall  immediately 
and  by  operation  of  law  vest  in  such  irrigation 
district,  and  shall  be  held  by  such  district  in  trust 
for  and  is  hereby  dedicated  and  set  apart  to  the 
uses  and  purposes  set  forth  in  this  act.  And  said 
board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy,  and  possess  said 
property  as  herein  provided. 
Powers  of  board  in  suits  at  law  or  in  equity. 

Sec.  14.  The  said  board  is  hereby  authorized 
and  empowered  to  take  conveyances  or  other  as- 
surances for  all  property  acquired  by  it  under  the 
provisions  of  this  act,  in  the  name  of  such  irriga- 
tion district,  to  and  for  the  uses  and  purposes 
herein  expressed,  and  to  institute  and  maintain 
any  and  all  actions  and  proceedings,  suits  at  law 
or  in  equity,  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  tliis  act,  or  to  enforce, 
maiutain,  protect,  or  preserve  any  and  all  rights, 
privileges,  and  immunities  created  by  this  act  or 
acquired  in  pursuance  tliereof.  And  in  all  courts, 
actions,  suits,  or  proceedings,  the  said  board  may 
sue,  appear,  and  defend,  in  person  or  by  attorneys, 
and  in  the  name  of  such  irrigation  district. 
Special  election  for  issuance  of  bonds. 

Sec.  15.  For  the  purpose  of  constructing  neces- 
sary irrigating  canals  and  works,  and  acquiring 
the  necessary  property  and  rights  therefor,  and 
otherwise  carrying  out  the  provisions  of  this  act. 


Irrigation   Districts.  519 

the  board  of  directors  of  any  such  district  must, 
as  soon  after  such  district  has  been  organized  as 
may  be  practicable,  and  whenever  thereafter  the 
construction  fund  has  been  exhausted  by  expendi- 
tures herein  authorized  therefrom,  and  the  board 
deem  it  necessary  or  expedient  to  raise  additional 
money  for  said  purposes,  estimate  and  determine 
the  amount  of  money  necessary  to  be  raised,  and 
shall  immediately  thereafter  call  a  special  election, 
at  which  shall  be  submitted  to  the  electors  of  such 
district,  possessing  the  qualifications  prescribed  by 
this  act,  the  -question  whether  or  not  the  bonds  of 
said  district  in  the  amount  as  determined  shall  be 
issued.  Notice  of  such  election  must  be  given,  by 
posting  notices  in  three  public  places  in  each  elec- 
tion precinct  in  said  district,  for  at  least  twenty 
days,  aud  also  by  publication  of  such  notice  in 
some  newspaper  published  in  the  county  where 
the  office  of  the  board  of  directors  of  such  dis- 
trict is  required  to  be  kept,  once  a  week  for  at 
least  three  successive  weeks.  Such  notices  must 
specify  the  time  of  holding  the  election,  the 
amount  of  bonds  proposed  to  be  issued,  and  said 
election  must  be  held  and  the  result  thereof  de- 
termined and  declared  in  all  respects  as  nearly  as 
practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers;  provided, 
that  no  informalities  in  conducting  such  an  elec- 
tion shall  invalidate  the  same,  if  the  election  shall 
have  been  otherwise  fairly  conducted.  At  such 
election  the  ballots  shall  contain  the  words  "Bonds 
—Yes,"  or  "Bonds— No,"  or  words  equivalent 
thereto.  If  a  majority  of  the  votes  cast  are 
"Bonds— Yes,"  the  board  of  directors  shall  cause 
bonds  in  said  amount  to  be  issued;  if  a  majority 
of  the  votes  cast  at  any  bond  election  are  "Bonds 
—  No,"  the  result  of  such  election  shall  be  so  de- 
clared aud  entered  of  record,  and  whenever  there- 
after said  board  in  its  judgment  deems  it  for  the 
best  interests  of  the  district  that  the  question  of 
issuance  of  bonds  in  said  amount,  or  any  amount, 
shall  be  submitted  to  said  electors,  it  shall  so  de- 
clare of  record  in  its  minutes,  and  may  thereupon 
submit  such  questions  to  said  electors  in  the  same 
manner  and  with  like  effect  as  at  such  previous 
election.  Said  bonds  shall  be  payable  in  gold  coin 
of  the  United  States,  in  ten  series,  as  follows,  to 


520  Irrigation   Districts. 

wit:  At  the  expiration  of  eleven  years,  five  per 
cent  of  the  whole  number  of  said  bonds;  at  the 
expiration  of  twelve  years,  six  per  cent;  at  the 
expiration  of  thirteen  years,  seven  per  cent;  at  the 
expiration  of  fourteen  years,  eight  per  cent;  at  the 
expiration  of  fifteen  years,  nine  per  cent;  at  the 
expiration  of  sixteen  years,  ten  per  cent;  at  the 
expiration  of  seventeen  years,  eleven  per  cent;  at 
the  expiration  of  eighteen  years,  thirteen  per  cent; 
at  the  expiration  of  nineteen  years,  fifteen  per 
cent;  at  the  expiration  of  twenty  years,  sixteen 
per  cent;  and  shall  bear  interest  at  the  rate  of  six 
per  cent  per  annum,  i)ayable  semi-annually,  on  the 
first  day  of  January  and  July  of  each  year.  The 
principal  and  interest  shall  be  payable  at  the  place 
designated  therein.  Said  bonds  shall  be  each  of 
the  denomination  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars;  shall  be 
negotiable  in  form,  signed  by  the  president  and 
secretary,  and  the  seal  of  the  board  of  directors 
shall  be  affixed  thereto.  Each  issue  shall  be  num- 
bered consecutively  as  issued,  and  the  bonds  of 
each  issue  shall  be  numbered  consecutively,  and 
bear  date  at  the  time  of  their  issue.  Coupons  for 
tlie  interest  sliall  be  attached  to  each  bond,  signed 
by  the  secretary.  Said  bonds  shall  express  on 
their  face  that  they  were  issued  by  authority  of 
this  act,  stating  its  title  and  date  of  approval,  and 
shall  also  so  state  the  number  of  the  issue  of  which 
such  bonds  are  a  part.  The  secretary  shall  keep 
a  record  of  the  bonds  sold,  their  number,  the  date 
of  sale,  the  price  received,  and  the  name  of  the 
purcliaser.  In  case  the  money  raised  by  sale  of  all 
bonds  issued  be  insufficient  for  the  completion  of 
the  plan  of  canal  and  works  adopted,  and  addi- 
tional bonds  be  not  voted,  it  shall  be  the  duty  of 
the  board  of  directors  to  provide  for  the  comple- 
tion of  said  plan  by  levy  of  assessments  therefor. 
It  shall  be  lawful  for  any  district,  which  has  here- 
tofore issued  bonds  under  the  law  then  in  force, 
to  issue  in  place  thereof  an  equal  amount  of  bonds 
in  accordance  with  this  amendment,  and  to  sell 
the  same,  or  any  part  thereof,  as  hereinafter  pro- 
vided, or  exchange  the  same,  or  any  part  thereof, 
with  the  holders  of  such  previously  issued  bonds 
which  may  be  outstanding,  upon  such  terms  as 
may  be  agreed  upon  between  tlie  board  of  direct- 


In-igation    Districts.  521 

ors  of  the  district  and  the  holders  of  such  out- 
standing bonds;  provided,  that  said  board  shall 
not  exchange  any  such  bonds  for  less  amount  in 
par  value  of  the  bonds  received.  All  of  such  old 
issue,  in  place  of  which  new  bonds  are  issued, 
shall  be  destroyed  whenever  lawfully  in  posses- 
sion of  said  board.  [Amendment  approved  March 
20,  1891;  Stats.  1891,  147.] 
Board  to  sell  bonds. 

Sec.  16.  The  board  may  sell  said  bonds  from 
time  to  time,  in  such  quantities  as  may  be  neces- 
sary and  most  advantageous,  to  raise  money  for 
the  construction  of  said  canals  and  works,  the  ac- 
quisition of  said  property  and  rights,  and  other- 
wise to  fully  carry  out  the  objects  and  purposes  of 
this  act.  Before  mailing  any  sale,  the  board  shall, 
at  a  meeting,  by  resolution,  declare  its  intention 
to  sell  a  specified  amount  of  the  bonds,  and  the 
day  and  hour  and  place  of  such  sale,  and  shall 
cause  such  resolution  to  be  entered  in  the  minutes, 
and  notice  of  the  sale  to  be  given,  by  publication 
thereof  at  least  twenty  dayfe,  in  a  daily  newspaper 
published  in  each  of  the  cities  of  San  Francisco, 
Sacramento,  and  Los  Angeles,  and  in  any  other 
newspaper,  at  their  discretion.  The  notice  shall 
state  that  sealed  proposals  will  be  received  by  the 
board,  at  their  office,  for  the  purchase  of  the 
bonds,  till  the  day  and  hour  named  in  the  resolu- 
tion. At  the  time  appointed,  the  board  shall  open 
the  proposals,  and  award  the  purchase  of  the  bonds 
to  the  highest  responsible  bidder,  and  may  reject 
all  bids;  but  said  board  shall  in  no  event  sell  any 
of  the  said  bonds  for  less  than  ninety  per  ceni 
of  the  face  value  thereof. 
How  paid. 

Sec.  17.  Said  bonds  and  the  interest  thereon 
shall  be  paid  by  revenue  derived  from  an  annual 
assessment  upon  the  real  property  of  the  district; 
and  all  tlie  real  property  in  the  district  shall  be 
and  remain  liable  to  be  assessed  for  such  pay- 
ments as  hereinafter  provided.  And  as  additional 
security  for  the  payment  of  all  said  bonds,  and 
interest  thereon,  the  board  of  directors  shall  have 
power  to  pledge,  by  mortgage,  trust  deed,  or  other- 
wise, all  property  of  the  district  situate  within  of 
without  the   district,   whether  real,   personal,  oi 


522  Irrigation    Districts. 

mixed,  of  whatsoever  Ivind,  including  all  its  rights 
and  privileges  held  or  possessed  at  the  time  of  the 
isnue  of  said  bonds,  or  which  may  hereafter  be  ac- 
quired under  tlie  provisions  of  this  act.  [Amend- 
ment approved  March  11,  1893;  Stats.  1893,  175.] 
Assessment  of  real  property. 

SeCc  18.  The  assessor  must,  between  the  first 
Monday  in  March  and  the  first  jNIonday  in  June,  in 
each  year,  assess  all  real  pr(^perty  in  the  districx 
to  the  persons  who  own,  claim,  have  the  posses- 
sion or  control  thereof,  at  its  full  cash  value.  He 
must  prepare  an  assessment-booli,  with  appropri- 
ate headings,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  must  be 
specified,  in  separate  columns,  under  the  appro- 
priate head,-- 

First.  The  name  of  the  person  to  whom  the 
property  is  assessed.  If  the  name  is  not  linown  to 
the  assessor,  the  property  shall  be  assessed  to 
"unknown  owners." 

Second.  Land  by  township,  range,  section,  or 
fractional  section,  and  when  such  land  is  not  a 
congressional  division  or  subdivision,  by  metes 
and  bounds,  or  other  description  sutficient  to  iden- 
tify it,  giving  an  estimate  of  the  number  of  acres, 
locality,  and  the  improvements  thereon. 

Third.  Citj^  and  town  lots,  naming  the  city  or 
town,  and  the  number  and  block,  according  to  the 
system  of  numbering  in  such  city  or  town,  and  the 
improvements  thereon. 

Fourth.  The  cash  value  of  real  estate,  other 
than  city  or  town  lots. 

Fifth.  The  cash  value  of  improvements  on  such 
real  estate. 

Sixth.     The  cash  value  of  city  and  town  lots. 

Seventh.  The  cash  value  of  improvements  on 
city  and  town  lots. 

Eighth.  The  cash  value  of  improvements  on 
real  estate  assessed  to  persons  other  than  the  own- 
ers of  the  real  estate. 

Ninth.    The  total  value  of  all  property  assessed. 

Tenth.  The  total  value  of  all  property  after 
equalization  by  the  board  of  directors. 

Eleventli.  Sucli  other  things  as  the  board  of  di- 
rectors may  require. 

Any  property  wliicli  may  have  escaped  the  pay- 
ment of  any  assessment  for  any  year  shall,  in  ad- 


Irrigatiou   Districts.  523 

<iition  to  the  assessment  for  the  then  current  year, 
be  assessed  for  such  year,  with  the  same  effect 
and  with  the  same  penalties  as  are  provided  for 
such  current  year.  [Amendment  approved  March 
31,  1891;  Stats.  1891,  244.] 

Appointment  of    deputy    assessors,    and  compen- 
sation. 

Sec.  19.  The  board  of  directors  must  allow  the 
assessor  as  many  deputies,  to  be  appointed  by  him, 
as  will,  in  the  judgment  of  tne  boara,  enable  him 
to  complete  the  assessment  wichin  the  time  here- 
in prescribed.  The  board  must  fix  the  compensa- 
tion of  such  deputies,  which  shall  be  paid  out  of 
the  treasury  of  the  district.  The  compensation 
must  not  exceed  five  dollars  per  day  for  each  dep- 
uty, for  the  time  actually  engaged,  nor  must  any 
allowance  be  made  but  for  work  done  between 
the  first  Monday  in  March  and  the  first  Monday 
in  August  in  each  year. 
Time  to  complete  assessment. 

Sec.  20.  On  or  before  the  first  Monday  in  Aug- 
ust in  each  year  the  assessor  must  complete  his 
assessment-book,  and  deliver  it  to  the  secretary  of 
the  board,  who  must  immediately  give  notice 
thereof,  and  of  the  time  the  board  of  directors, 
acting  as  a  board  of  equalization,  will  meet  to 
equalize  assessments,  by  publication  in  a  news- 
paper published  in  each  of  the  counties  comprising 
the  district.  The  time  fixed  for  the  meeting  shall 
not  be  less  than  twenty  nor  more  than  thirty  days 
from  the  first  publication  of  the  notice;  and  in 
the  mean  time  the  assessment-book  must  remain 
in  the  office  of  the  secretary  for  the  inspection  of 
all  persons  interested. 
Sitting  as  board  of  equalization. 

Sec.  21.  Upon  the  day  specified  in  the  notice  re- 
quired by  the  preceding  section  for  the  meeting, 
the  board  of  directors,  which  is  hereby  constituted 
a  board  of  equalization  for  that  purpose,  shall 
meet  and  continue  in  session  from  day  to  day,  as 
long  as  may  be  necessary,  not  to  exceed  ten  days, 
exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may 
-come  before  them;  and  the  board  may  change  the 
valuation  as  may  be  just.  The  secretary  of  the 
board  shall  be  present  during  its   sessions,   and 


524  Irrigation    Districts. 

note  all  changes  made  in  the  valuation  of  prop- 
erty, and  in  the  names  of  the  persons  whose 
property  is  assessed;  and  within  ten  days  after 
the  close  of  the  session,  he  shall  have  the  total 
values,  as  finally  equalized  by  the  board,  extended 
into  columns,  and  added. 
Levying  of  assessment  to  pay  interest  on  bonds. 

Sec.  22.  The  board  of  directors  shall  then  levy 
an  assessment  sufficient  to  raise  the  annual  inter- 
est on  the  oustanding  bonds,  and  at  the  expiration 
of  ten  years  after  the  issuing  of  bonds  ot  any  issue 
must  increase  said  assessment  to  an  amount  suffi- 
cient to  raise  a  sum  sufficient  to  pay  the  principal 
of  the  outstanding  bonds  as  they  mature.  The  sec- 
retary of  the  board  must  compute  and  enter  in  a 
separate  column  of  the  assessment-book  the  re- 
spective sums,  in  dollars  and  cents,  to  be  paid  as 
an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  shall  be 
paid  into  the  district  treasury,  and  shall  consti- 
tute a  special  fund,  to  be  called  the  "Bond  Fund 

of Irrigation  District."    In  case  of  the  neglect 

or  refusal  of  the  board  of  directors  to  cause  such 
assessment  and  levy  to  be  made  as  in  this  act 
provided,  then  the  assessment  of  property  made 
by  the  county  assessor  and  the  state  board 
of  equalization  shall  be  adopted,  and  shall 
be  the  basis  of  assessments  for  the  district, 
and  the  board  of  supervisors  of  the  county  in 
which  the  offi'ce  of  the  board  of  directors  is  situ- 
ated shall  cause  an  assessment-roll  for  said  dis- 
trict to  be  prepared,  and  shall  mal^e  the  levy  re- 
quired by  tliis  act,  in  the  same  manner  and  with 
like  effect  as  if  the  same  had  been  made  by  said 
board  of  directors,  and  all  expenses  incident  there- 
to shall  be  borne  by  such  district.  In  case  of  the 
neglect  or  refusal  of  tlie  collector  or  treasurer  of 
the  district  to  perform  the  duties  imposed  by  law, 
then  the  tax  collector  and  treasurer  of  the  county 
in  which  the  office  of  the  board  of  directors  is  sit- 
uated must,  respectively,  perform  such  duties,  and 
shall  be  accountable  therefor  upon  their  official 
bonds  as  in  other  cases.  [Amendment  approved 
March  20,  1891;  Stats.  1891,  147.  This  section  was 
also  amended  in  1889;  Stats.  1889,  15.] 


Irrigation   Districts.  ^25 

Lien  against. 

Sec.  23.  The  assessment  upon  real  property  is 
a  lien  against  the  property  assessed  from  and  af- 
ter the  first  Monday  in  March  for  any  year,  and 
the  lien  for  the  bonds  of  any  issue  shall  be  a  pre- 
ferred lien  to  that  for  any  subsequent  issue,  and 
such  lien  is  not  removed  until  the  assessments  are 
paid,  or  the  property  sold  for  the  payment  thereof. 
[Amendment  approved  March  20,  1891;  Stats. 
1891,  147.] 
Collection  of  assessments— How  made. 

Sec.  24.  On  or  before  the  first  day  of  November, 
the  secretary  must  deliver  the  assessment-booli  to 
the  collector  of  the  district,  who  shall,  within 
twenty  days,  publish  a  notice  in  a  newspaper  pub- 
lished in  each  county  in  which  any  portion  of  the 
district  may  lie,  that  said  assessments  are  due 
and  payable,  and  will  become  delinquent  at  six 
o'cloclv,  P.  M.,  on  the  last  Monday  of  December 
next  thereafter,  and  that,  unless  paid  prior  there- 
to, five  per  cent  will  be  added  to  the  amount  there- 
of, and  also  the  time  and  place  at  which  payment 
of  assessments  may  be  made,  which  notice  shall 
be  published  for  the  period  of  two  weelis.  The 
collector  must  attend  it  the  time  and  place  speci- 
fied in  the  notice  to  receive  assessments,  which 
must  be  paid  in  gold  and  silver  coin;  he  must  mark 
the  date  of  payment  of  any  assessment  in  the  as- 
sessment-book, opposite  the  name  of  the  person 
paying,  and  give  a  receipt  to  such  person,  specify- 
ing the  amount  of  the  assessment  and  the  amount 
paid,  with  a  description  of  the  property  assessed. 
On  the  last  Monday  in  December,  at  six  o'clock, 
P.  M.,  of  each  year,  all  unpaid  assessments  are  de- 
linquent, and  thereafter  the  collector  must  collect 
thereon,  for  the  use  of  the  district,  an  addition  of 
five  per  cent.  [Amendment  approved  March  31, 
1891;  Stats.  1891,  244.] 
Publication  of  delinquent  list. 

Sec.  25.  On  or  before  the  first  day  of  February, 
the  collector  must  publish  the  delinquent  list, 
which  must  contain  the  names  of  the  persons  and 
a  description  of  the  property  delinqyent,  and  the 
amount  of  the  assessments  and  costs  due  opposite 
each  name  and  description.  He  must  append  to 
and  publish  with  *he  delinquent  list  a  notice,  that 


520  Irrigation   Districts. 

unless  the  assessments  delinquent,  together  with 
costs  and  percentages,  are  paid,  the  real  property 
upon  Avhicii  such  assessments  are  a  lien  will  be 
sold  at  public  auction.  The  publication  must  be 
made  once  a  week  for  three  successive  weeks,  in 
a  newspaper  published  in  the  county  in  which  the 
property  delinquent  is  situated;  provided,  that  if 
any  property  assessed  to  the  same  person  or  cor- 
poration shall  lie  in  more  tlian  one  county,  then 
such  publication  may  be  made  in  any  county  in 
which  any  portion  of  such  property  may  lie.  The 
publication  must  designate  the  time  and  place  of 
sale.  The  time  of  sale  must  not  be  less  than 
twenty-one  nor  more  tnan  tvv^enty-eight  days  from 
the  first  publication,  and  the  place  must  be  at 
some  point  designated  by  the  collector,  within  the 
district.  [Amendment  approved  March  31,  1891; 
Stats.  1891,  244.] 
Collection  of  penalties  on  delinquent  assessments. 

Sec.  26.  The  collector  must  collect,  in  addition 
to  the  assessments  due  on  the  delinquent  list  and 
five  per  cent  added,  fifty  cents  on  each  lot,  piece, 
or  tract  of  land  separately  assessed,  one-half  of 
which  must  go  to  the  district  and  the  other  to 
the  collector  for  preparing  the  list.  On  the  day 
fixed  for  the  sale,  or  some  subsequent  day  to 
which  he  may  have  postponed  it,  of  which  he 
must  give  notice,  the  collector,  between  the  hours 
of  ten  o'clock,  A.  M.,  and  three  o'clock,  P.  M., 
must  commence  the  sale  of  the  property  adver- 
tised, commencing  at  the  head  of  the  list  and  con- 
tinuing alphabetically,  or  in  the  numerical  order 
of  the  lots  or  block,  until  completed.  He  may 
postpone  the  day  of  commencing  the  sales,  or  the 
sale,  from  day  to  day,  but  the  sale  must  be  com- 
pleted within  three  weeks  from  the  day  first 
fixed;  provided,  that  if  any  sale  or  sales  shall  be 
stayed  by  injunction,  the  time  of  the  continuance 
of  the  injunction  is  not  part  of  the  time  limited 
for  making  such  sale  or  sales.  [Amendment  ap- 
proved March  31,  1891;  Stats.  1891,  244. J 
Right  of  owner  to  designate  property  to  be  sold. 

Sec.  27.  The  owner  or  person  in  possession  of 
any  real  estate  offered  for  sale  for  assessments 
due  thereon  may  designate  in  writing  to  the  col- 
lector, prior  to  the  sale,  what  portion  of  the  prop- 
erty he  wishes  sold,  if  less  tlian  the  whole;  but  if 


Irrigation    Districts.  527 

the  owner  or  possessor  does  not,  tlien  the  collector 
may  designate  it,  and  the  person  who  will  take 
the  least  quantity  of  the  land,  or  in  case  an  undi- 
vided interest  is  assessed,  then  the  smallest  por- 
tion of  the  interest,  and  pay  the  assessments  and 
costs  due,  including  two  dollars  to  the  collector 
for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assess- 
ments and  costs  before  ten  o'clock,  A.  M.,  the  fol- 
lowing day,  the  property  on  the  next  sale  day  must 
be  resold  for  the  assessments  and  costs.  But  In 
case  there  is  no  purchaser  in  good  faith  for  the 
same  on  the  first  day  that  the  property  is  offered 
for  sale,  then,  when  the  property  is  offered  there- 
after for  sale,  and  there  is  no  purchaser  in  good 
faith  for  the  same,  the  whole  amount  of  the  prop- 
erty assessed  shall  be  struck  off  to  the  irrigation 
district  within  which  such  lands  are  situated  as 
the  purchaser,  and  the  duplicate  certificate  deliv- 
ered to  the  treasurer  of  the  district,  and  filed  by 
him  in  his  office.  No  charge  shall  be  made  for 
the  duplicate  certificate  where  the  district  is  the 
purchaser,  and,  in  such  case,  the  collector  shall 
make  an  entry,  "Sold  to  the  district,"  and  he  shall 
be  credited  with  the  amount  thereof  in  his  settle- 
ment. An  irrigation  district,  as  a  purchaser  at 
such  sale,  shall  oe  entitled  to  the  same  rights  as  a 
private  purchaser,  and  the  title  so  acquired  by  the 
district,  subject  to  the  right  of  redemption  herein 
provided,  may  be  conveyed  by  deed,  executed  and 
acknowledged  by  the  president  and  secretary  of 
said  board;  provided,  that  authority  to  so  convey 
must  be  conferred  by  resolution  of  the  board,  en- 
tered on  its  minutes,  fixing  the  price  at  which  such 
sale  may  be  made,  and  such  conveyance  shall  not 
be  made  for  a  less  sum  than  the  reasonable  mar- 
ket value  of  such  property.  After  receiving  the 
amount  of  assessments  and  costs,  the  collector 
must  make  out  in  duplicate  a  certificate,  dated  on 
the  day  of  sale,  stating  (when  known)  the  names 
of  the  person  assessed,  a  description  of  the  land 
sold,  the  amount  paid  therefor,  that  it  was  sold 
for  assessments,  giving  the  amount  and  year  of 
the  assessment,  and  specifying  the  time  when  the 
purchaser  will  be  entitled  to  a  deed.  The  certifi- 
cate must  be  signed  by  the  collector,  and  one  copy 
delivered  to  the  purchaser,  and  the  other  filed  in 


528  Irrigation    Districts. 

the  office  of  the  county  recorder  of  the  county  in 

which  the  land  is  situated. 

[Amendment  approved  February  16,  1889;  Stats. 

1889,  p.  15.] 
Collector's  certificate. 

Sec.  28.  The  collector,  before  delivering  any  cer- 
tificate, must  in  a  booli  enter  a  description  of  the 
land  sold,  corresponding  with  the  description  in 
the  certificate,  the  date  of  the  sale,  purchasers' 
names,  and  amount  paid,  regularly  number  the  de- 
scription on  the  margin  of  the  book,  and  put  a 
corresponding  number  on  each  certificate.  Such 
book  must  be  open  to  public  inspection,  without 
fee,  during  ofiice  hours,  when  not  in  actual  use. 
On  filing  the  certificate  with  such  county  recorder, 
the  lien  of  the  assessments  vests  in  the  purchaser, 
and  is  only  divested  by  the  payment  to  him,  or  to 
the  collector  for  his  use,  of  the  purchase  money 
and  two  per  cent  per  month  from  the  day  of  sale 
until  redemption. 

Time  and  manner  in  which  property  may  be  re- 
deemed. 

Sec.  29.  A  redemption  of  the  property  sold  may 
be  made  by  the  owner,  or  any  party  in  interest, 
within  twelve  months  irom  the  date  of  purchase; 
provided,  that  all  lands  heretofore  sold  at  delin- 
quent tax  sale  under  any  of  the  provisions  of  this 
act  or  the  acts  supplementary  thereto  or  amend- 
atory thereof,  where  deeds  have  not  been  made 
and  delivered,  may  be  redeemed  at  any  time  with- 
in six  months  from  the  passage  hereof.  Redemp- 
tion must  be  made  in  gold  or  silver  coin,  as  pro- 
vided for  the  collection  of  state  and  county  taxes, 
and  when  made  to  the  collector  he  must  credit  the 
amount  paid  to  the  person  named  in  the  certificate, 
and  pay  it,  on  demand,  to  the  person  or  his  assign- 
ees. In  each  report  the  collector  makes  to  the 
board  of  directors,  he  must  name  the  person  enti- 
tled to  redemption  money,  and  the  amount  due 
eacli.  On  receiving  the  certificate  of  sale,  the 
county  recorder  must  file  it  and  make  an  entry  in 
a  book  similar  to  that  required  of  the  collector. 
On  the  presentation  of  the  receipt  of  the  person 
named  in  the  certificate,  or  of  the  collector,  for  his 
use,  of  the  total  amount  of  the  redemption  money, 
and  the  recorder  must  mark  the  word  "Redeem- 


Irrigation   Districts.  529 

ed,"  the  date,  and  by  whom  redeemed,  on  the  cer- 
titicate  and  on  the  margin  of  the  book  where  the 
entry  of  the  certificate  is  made.  If  the  property  i» 
not  redeemed  Avithiu  the  time  herein  provided,  the 
collector,  or  his  successor  in  office,  must  make  to 
the  purchaser,  or  his  assignee,  a  deed  of  the  prop- 
erty, reciting  in  the  deed  substantially  the  mat- 
ters contained  in  the  certificate,  and  that  no  per- 
son redeemed  the  property  during  the  time  allow- 
ed by  law  for  its  redemption.  The  collector  shall 
receive  from  the  purchaser,  for  the  use  of  the  dis- 
trict, two  dollars  "for  making  such  deed.  [Amend- 
ment approved  January  27,  1897;  Stats.  1897, 
ch.  2.] 
Deed,  effect  of. 

Sec.  30.  The  matter  recited  in  the  certificate  or 
sale  must  be  recited  in  the  deed,  and  such  deed 
duly  acknowledged  or  proved  is  prima  facie  evi- 
dence that,— 

First— The  property  was  assessed  as  required  by 
law. 

Second— The  property  was  equalized  as  requlrea 
b.y  law. 

Third— That  the  assessments  were  levied  m  ac- 
cordance with  law. 

Fourth— The  assessments  were  not  paid. 

Fifth— At  a  proper  time  and  place  the  property 
was  sold  as  prescribeu  by  law,  and  by  the  proper 
ofiicer. 

Sixth— The  property  was  not  redeemed. 

Seventh— The  person  who  executed  the  deed  was 
the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (ex- 
cept as  against  actual  fraud)  conclusive  evidence 
of  the  regularity  of  all  the  proceedings  from  the 
assessment  by  the  assessor,  inclusive,  up  to  the 
execution  of  the  deed.  The  deed  conveys  to  the 
grantee  the  absolute  title  to  the  lands  described 
therein  free  of  all  encumbrances,  except  when  the 
land  is  owned  by  the  United  States  or  this  state, 
in  which  case  it  is  prima  facie  evidence  of  the 
right  of  possession. 
Certificate  of  collector  prima  facie  evidence. 

Sec.  31.    The  assessment  book  or  delinquent  list, 
or  a  copy  thereof,  certified  by  the  collector,  show- 
Gen.  Laws — 45. 


530  Irrigatiou   Districts. 

ing  unpaid  assessments  against  any  person  or 
property,  is  prima  facie  evidence  of  the  assess- 
ment, the  property  assessed,  the  delinquency,  the 
amount  of  assessments  due  and  unpaid,  and  that 
all  the  forms  of  the  law  in  relation  to  the  assess- 
ment and  levy  of  such  assessments  have  been 
complied  with. 
Validity  of  sale. 

Sec.  32.  When  land  is  sold  for  assessments 
correctly  imposed,  as  the  property  of  a  particular 
person,  no  misnomer  of  the  owner  or  supposed 
owner,  or  other  mistake  relating  to  the  ownership 
thereof,  affects  the  sale  or  renders  it  void  or  void- 
able. 
Time  and  manner  of  settlement. 

Sec.  33.  On  the  first  Monday  in  each  month  the 
collector  must  settle  with  the  secretary  of  the 
board  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer;  and  with- 
in six  days  there^ifter  he  must  deliver  to  and  file 
in  the  ofiice  of  the  secretary  a  statement  under 
oath,  showing, — 

First— An  account  of  all  his  transactions  and  re- 
ceipts since  his  'ast  settlement. 

Second— That  all  money  collected  by  him  as  col- 
lector has  been  paid. 

The  collector  shall  also  file  in  the  office  of  the 
secretary  on  said  first  Monday  in  each  month,  the 
receipt  of  the  treasurer  for  the  money  so  paid. 
Payment  of  coupons. 

Sec.  34.  Upon  the  presentation  of  the  coupons 
due  to  the  treasurer,  he  shall  pay  the  same  from 
said  bond  fund.  Whenever,  after  ten  years  from 
the  issuance  of  said  bonds,  said  fund  shall  amount 
to  the  sum  of  tea  thousand  dollars,  the  board  of 
directors  may  direct  the  treasurer  to  pay  such  an 
amount  of  said  bonds  not  due  as  the  money  in  said 
fund  will  redeem,  at  the  lowest  value  at  which 
they  may  be  offered  for  liquidation,  after  advertis- 
ing for  at  lenst  four  weeks  in  some  daily  newspa- 
per in  each  of  the  cities  hereinbefore  named,  and 
in  any  other  newspaper  which  said  board  may 
deem  advisable,  for  sealed  proposals  for  the  re- 
demption of  said  bonds.  Said  proposals  shall  be 
opened  by  the  board  in  open  meeting,  at  a  time  to 
be  named  in  the  notice,  and  the  lowest  bid  for  said 


Irrigation    Districts.  531 

bonds  must  be  accepted;  provided,  thai  no  bona 
siiall  be  redeemed  at  a  rate  above  par.  In  case 
the  bids  are  equal,  the  lowest  numbered  bond 
shall  have  the  preference.  In  case  none  of  the 
holders  of  said  bonds  shall  desire  to  have  the  same 
redeemed  as  herein  provided  for,  said  money  shall 
be  invested  by  the  treasurer,  under  the  direction 
of  the  board,  in  United  States  gold  bearing  bonds, 
or  the  bonds  of  the  state,  which  shall  be  kept  in 
said  bond  fund,  and  may  be  used  to  redeem  said 
district  bonds  whenever  the  holders  thereof  may 
desire. 
Bids  for  construction  of  canals. 

Sec.  35.  After  adopting  a  plan  of  said  canal  o* 
canals,  storage  reservoirs,  and  works,  the  board 
of  directors  shall  give  notice,  by  publication  there- 
of, not  less  than  twenty  days  in  one  newspaper 
published  in  each  of  the  counties  composing  the 
district  (provided,  a  newspaper  is  published  there- 
in), and  in  such  other  newspapers  as  they  may 
deem  advisable,  calling  for  bids  for  the  construc- 
tion of  such  work  or  of  any  portion  thereof;  if 
less  than  the  whole  work  is  advertised,  then  the 
portion  so  advertised  must  be  particularly  de- 
scribed in  such  notice.  Said  notice  shall  set  forth 
that  plans  and  specifications  can  be  seen  at  the 
office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract 
will  be  let  to  the  lowest  responsible  bidder,  stat- 
ing the  time  and  place  for  opening  said  proposals, 
which,  at  the  time  and  place  appointed,  shall  be 
opened  in  public;  and  as  soon  as  convenient  there- 
after the  board  shall  let  said  work,  either  in  por- 
tions or  as  a  whole,  to  the  lowest  responsible  bid- 
der; or  they  may  reject  any  or  all  bids  and  read- 
vertise  for  proposals,  or  may  proceed  to  construct 
the  work  under  their  own  superintendence.  Con- 
tracts for  the  purchase  of  material  shall  be  award- 
ed to  the  lowest  responsible  bidder.  Any  person 
or  persons  to  whom  a  contract  may  be  awarded 
shall  enter  into  a  bond,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  board,  payable  to 
said  district  for  its  use,  for  twenty-five  per  cent 
of  the  amount  of  the  contract  price,  conditioned 
for  the  faithful  performance  of  said  contract.  The 
work  shall  be  done  under  the  direction  and  to  the 
satisfaction  of  the  engineer,  and  be  approved  by 


532  Irrigation   Districta. 

the  board.    [Amendment  approved  March  20,  1891; 
Stats.  1891,  p.  142.] 
Payment  of  claims. 

Sec.  36.  No  claim  shall  be  paid  by  the  treasurer 
until  allowed  by  the  board,  and  only  upon  a  war- 
rant signed  by  the  president,  and  countersigned 
by  the  secretary;  provided,  that  the  board  may 
draw  from  time  to  time  from  the  construction  fund 
and  deposit  in  the  county  treasury  of  the  county 
where  the  office  of  the  board  is  situated  any  sum 
in  excess  of  the  sum  of  twenty-five  thousand  dol- 
lars. The  county  treasurer  of  said  county  is  here 
by  authorized  and  required  to  receive  and  receipt 
for  the  same,  and  place  the  same  to  the  credit  ot 
said  district,  and  he  shall  be  responsible  upon  hib 
official  bond  for  the  safe-keeping  and  disburse^ 
ment  of  the  same  as  in  this  act  provided.  He  shall 
pay  out  the  same,  or  any  portion  thereof,  to  the 
treasurer  of  the  district  only,  and  only  upon  the 
order  of  the  board,  signed  by  the  president  ana 
attested  by  the  secretary.  The  said  county  treas- 
urer shall  report  in  writing,  on  the  second  Mon- 
day in  each  month,  the  amount  of  money  in  the 
county  treasury,  the  amount  of  receipts  for  the 
month  preceding,  and  the  amount  or  amounts  paid 
out;  said  report  shall  be  verified  and  filed  with 
the  secretary  of  the  board.  The  district  treasurer 
shall  also  report  to  the  board,  in  writing,  on  the 
first  Monday  in  each  month,  the  amount  of  money 
in  the  district  treasury,  the  amount  of  receipts  for 
the  month  precediug,  and  the  amount  and  items  of 
expenditures,  and  said  report  shall  be  verified  and 
filed  with  the  secretary  of  the  board. 
Payments  from  construction  fund. 

Sec.  37.  The  cost  and  expense  of  purchasing 
and  acquiring  property,  and  constructing  the 
works  and  improvements  herein  provided  for,  shall 
be  wholly  paid  out  of  the  construction  fund.  For 
the  purpose  of  defraying  the  expenses  of  the  or- 
ganization of  the  district,  and  of  the  care,  opera- 
tion, management,  repair,  and  improvement  of 
such  portions  of  said  canal  and  works  as  are  com- 
pleted and  in  use,  including  salaries  of  officers  and 
employes,  the  l>oard  may  either  fix  rates  of  tolls 
and  charges,  and  collect  "the  same  from  all  persons 
using  said  canal  for  irrigation  and  other  purposes, 
or  they  may  provide  for  the  payment  of  said  ex- 


Irrigation   Districts.  533 

penditiires  by  a  levy  of  assessments  therefor,  or 
by  both  said  tolls  and  assessments;  if  by  the  lat- 
ter method,  such  levy  shall  be  made  on  the  com- 
pletion and  equalization  of  the  assessment  roll, 
and  the  board  shall  have  the  same  powers  and 
functions  for  the  purposes  of  said  levy  as  are  now 
possessed  by  boards  of  supervisors  in  this  state. 
The  procedure  for  the  collection  of  assessments  by 
such  levy  shall,  in  all  respects,  conform  to  the  pro- 
visions of  this  act  relating  to  the  payment  of  prin- 
cipal and  interest  of  bonds  herein  provided  for. 
I'owers  of  board. 

Sec.  38.  The  board  of  directors  shall  have  the 
power  to  construct  the  said  worlis  across  any 
stream  of  water,  watercourse,  street,  avenue,  high- 
way, railway,  canal,  ditch,  or  flume  which  the 
route  of  said  canal  or  canals  may  intersect  or 
cross,  in  such  manner  as  to  afford  security  for  life 
and  property;  but  said  board  shall  restore  the 
same,  when  so  crossed  or  intersected,  to  its  for- 
mer state  as  near  as  may  be,  or  in  a  suflScient  man- 
ner not  to  have  impaired  unnecessarily  its  useful- 
ness; and  every  company  whose  railroad  shall  be 
intersected  or  crossed  by  said  works  shall  unite 
with  said  board  in  forming  said  intersec- 
tions and  crossings,  and  grant  the  privi- 
leges aforesaid;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  con- 
trollers of  the  said  property,  thing,  or  fran- 
chise so  to  be  crossed,  cannot  agi-ee  upon  the 
amount  to  be  paid  therefor,  or  the  points  or  the 
manner  of  said  crossings  or  intersections,  the 
same  shall  be  ascertained  and  determined  in  all 
respects  as  is  herein  provided  in  respect  to  the 
tailing  of  land.  The  right  of  way  is  hereby  given, 
dedicated,  and  set  apart,  to  locate,  construct,  and 
maintain  said  works  over  and  through  any  of  the 
lands  which  are  now  or  may  be  the  property  of 
this  state;  and  also  there  is  given,  dedicated,  and 
set  apart,  for  the  uses  and  purposes  aforesaid,  all 
waters  and  water  rights  belonging  to  this  state 
within  the  district. 
Mileage  and  per  diem  of  directors. 

Sec.  39.  The  board  of  directors  shall  each  re- 
ceive four  dollars  per  day,  and  mileage  at  the  rate 
of  twenty  cents  per  mile,  in  attendinsr  meetings, 
and  actual  and  necessary  expenses  paid  while  en- 


534  Irrigation   Districts. 

gaged  in  ofRcial  business  under  the  order  of  the 
board.  The  board  shall  fix  the  compensation  to  be 
paid  to  the  other  otticers  named  in  the  act,  to  be 
paid  out  of  the  t^-easury  of  the  district;  provided, 
that  said  board  shall,  upon  the  petition  of  at  least 
fifty,  or  a  majority  of  the  freeholders  within  such 
district  therefor,  submit  to  the  electors  at  any  gen- 
eral election  a  schedule  of  salaries  and  fees  to  be 
paid  hereunder.  i?uch  petition  must  be  presented 
to  the  board  twenty  days  prior  to  a  general  elec- 
tion, and  the  result  of  such  election  shall  be  deter- 
mined and  declared  in  all  respects  as  other  elec- 
tions are  determined  and  declared  under  this  act. 
Prohibiting  oflicers  from  any  interest  in  contracts. 

Sec.  40.  No  director  or  any  other  oflicer  named 
in  this  act  shall  :n  any  manner  be  interested,  di- 
rectly or  indirectly,  in  any  contract  awarded  or  to 
be  awarded  by  the  board,  or  in  the  profits  to  be 
derived  therefrom;  and  for  any  violation  of  this 
provision  such  olficer  shall  be  deemed  guilty  of  a 
misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  oflice,  and  he  shall  be  punished 
by  a  fine  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  both  such  fine  and  imprison- 
ment. 
Special  election. 

Sec.  41.  The  board  of  directors  may,  at  any 
time,  when  in  their  judgment  it  may  be  advisable, 
call  a  special  election  and  submit  to  the  qualified 
electors  of  the  district  the  question  wliether  or  not 
a  special  assessment  shall  be  levied  for  the  pur- 
pose of  raising  money  to  be  applied  to  any  of  the 
purposes  provided  in  this  act.  Such  election  must 
be  ca41ed  upon  the  notice  prescribed,  and  the  same 
shall  be  held,  and  the  result  thereon  determined 
and  declared  in  all  respects  in  conformity  with  the 
provisions  of  section  fifteen  of  this  act.  The  no- 
tice must  specify  the  amount  of  money  proposed 
to  be  raised,  and  the  purpose  for  which  it  is  in- 
tended to  be  used.  At  such  elections  the  ballots 
shall  contain  the  words,  "Assessment — Yes."  or 
"Assessment— No."  If  two-thirds  or  more  of  the 
votes  cast  are  "Assessment— Yes,"  the  board  shall, 
at  the  time  of  the  annual  levy  hereunder,  levy  an 
assessment  sufficient  to  raise  the  amount  voted. 
The  rate  of  assessment  shall  be  ascertained  by 


Irrigatiou   Districts.  535 

deducting  fifteen  per  cent  for  anticipated  delin- 
quencies "from  the  aggregate  assessed  value  of  the 
property  in  the  district,  as  it  appears  on  the  as- 
sessment roll  for  the  current  year,  and  then  di- 
viding the  sum  voted  by  the  remainder  of  such 
aggregate  assessed  value.  The  assessments  so 
levied  shall  be  computed  and  entered  on  the  as- 
sessment roll  by  The  secretary  of  the  board,  and 
collected  at  the  same  time  and  in  the  same  man- 
ner as  other  assessments  provided  for  herein;  and 
when  collected  shall  be  paid  into  the  district  treas- 
ury for  tiie  purposes  specified  in  the  notice  of  such 
special  election. 
Power  to  incur  debt. 

Sec.  42.  The  board  of  directors,  or  other  offi- 
cers of  the  district,  shall  have  no  powder  to  incur 
any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  pro- 
visions of  this  act,  and  any  debt  or  liability  incur- 
red in  excess  of  sucli  express  provisions  shall  be 
and  remain  absolutely ,  void,  except  that  for  the 
purposes  of  organization,  or  for  any  of  the  pur- 
poses of  this  act,  the  board  of  directors  may,  be- 
fore the  collection  of  the  first  assessment,  incur  an 
indebtedness  not  exceeding  in  the  aggregate  the 
sum  of  two  thousand  dollars,  and  may  cause  war- 
rants of  the  district  to  issue  therefor,  bearing  in- 
terest at  seven  per  cent  per  annum.  [Amendment 
approved  JSIarch  20,  1891;  Stats.  1891,  p.  142.] 
Apportionment  of  water. 

Sec.  43.  In  case  the  volume  of  water  in  any 
stream  or  river  shall  not  be  sufficient  to  supply 
the  continual  wants  of  the  entire  country  through 
which  it  passes,  and  susceptible  of  irrigation 
therefrom,  then  it  shall  be  the  duty  of  the  water 
commissioners,  constituted  as  hereinafter  pro* 
vided,  to  apportion,  in  a  just  and  equitable  propor- 
tion, a  certain  amount  of  said  water  upon  certain 
or  alternate  weel^ly  days  to  different  localities,  as 
they  may,  in  their  judgment  thinlv  best  for  the  in- 
terest of  all  parties  concerned,  and  with  due  re- 
gard to  the  legal  and  equitable  rights  of  all.  Said 
water  commissioners  shall  consist  of  the  chair- 
man of  the  board  of  directors  of  each  of  the  dis- 
tricts affected. 


536  Irrigation   Districts. 

Duty  of  directors. 

Sec.  44.    It  sliaii  be  the  duty  of  the  board  of  di- 
rectors to  keep  the  water  flowing     through     the 
ditches  under  their  control  to  the  fun  capacity  of 
such  ditches  in  times  of  high  water. 
Affecting  navigation  and  mining  industry. 

Sec.  45.  Navigation  shall  never  in  any  wise  be 
impaired  by  the  operation  of  this  act,  nor  shall  any 
vested  interest  in  or  to  any  mining  water  rights  or 
ditches,  or  in  or  to  any  water  or  water  rights,  or 
reservoirs  or  dams,  now  used  by  the  owners  or 
possessors  thereof,  in  connection  with  any  mining 
industry,  or  by  persons  purchasing  or  renting  the 
use  thereof,  or  in  or  to  any  other  property  now 
used  directly  or  indirectly  in  carrying  on  or  pro- 
moting the  mining  industry,  ever  be  affected  by  or 
taken  under  its  provisions,  save  and  except  that 
rights  of  way  may  be  acquirea  over  the  same. 
Diverting  waters. 

Sec.  46.  None  of  the  provisions  of  this  act  shall 
be  construed  as  repealing  or  in  any  wise  modify- 
ing the  provisions  of  any  other  act  relating  to  the 
subject  of  irrigation  or  water  commissioners.  Noth- 
ing herein  contained  shall  be  deemed  to  authorize 
any  person  or  persons  to  divert  the  waters  of  any 
river,  creek,  stream,  canal,  or  ditch,  from  its  chan- 
nel, to  the  detriment  of  any  person  or  persons  hav- 
ing any  interest  in  such  river,  creek,  stream,  canal, 
or"  ditch,  or  the  waters  therein,  unless  previous 
compensation  be  ascertained  and  paid  therefor, 
under  the  laws  of  this  state  authorizing  the  taking 
of  private  property  for  public  uses. 

Sec.  47.    This  act  shall  take  effect  immediately. 


»  An  act  to  promote  irrigation. 

[Approved  April  1,  1S72;  Stats.  1871-2,  p.  945.] 
Petition  to  supervisors. 

Section  1.  Whenever  the  owners  of  any  body 
of  lands  susceptible  of  one  mode  of  irrigation  or 
drainage  desire  to  irrigate  or  drain  the  same,  they 
ma.v  present  to  ihe  l)oard  of  supervisors  of  the 
county  in  which  the  lands  or  the  greater  portion 
thereof  are  situated,  at  a  regular  meeting  of  the 
board,  a  petition  sotting  forth  that  they  d^'.Ire  to 
adopt  measures  to  irrij^ate  the  same,  the  descrip- 


Irrigation   Districts.  537 

tion  of  the  lands  by  legal  subdivisions,  the  num- 
ber of  acres  in  the  whole  district,  and  the  number 
of  acres  in  each  tract,  with  the  names  of  the  own- 
ers thereof,  and  the  names  of  three  persons  who 
may  desire  to  serve  as  trustees  for  the  first  three 
months. 
Publication. 

Sec.  2.  The  petition  must  be  verified  by  the  af- 
fidavit of  one  of  the  petitioners,  and  must  be  pub- 
lished for  four  weeks  next  preceding  the  hear- 
ing thereof,  in  some  newspaper  published  in  the 
county  in  which  the  lands  are  situated;  or  if  there 
is  no  newspaper  published  in  the  county,  then  it 
must  be  published  in  some  newspaper  having  a 
general  circulation  in  the  county,  and  an  affidavit 
of  publication  must  be  filed  with  such  petition. 
Districts. 

Sec.  3.  When  a  district  is  situated  partly  in 
different  counties,  the  trustees  must,  after  the  pe- 
tition has  been  granted,  forward  a  copy  thereof  to 
the  clerk  of  the  board  of  supervisors  of  each  of 
the  counties  in  which  any  portion  of  the  district 
may  lie,  and  the  board  to  which  the  same  is  for- 
warded must  not  allow  another  district  to  be  form- 
ed within  such  district  unless  with  the  consent  of 
the  trustees  thereof. 
Approval  of  petition— Trustees. 

Sec.  4.  If  the  board  of  supervisors  find  upon 
the  hearing  of  the  petition  that  the  statements  are 
correct,  and  that  no  land  is  improperly  included  or 
excepted  from  the  district,  they  must  note  their 
approval  on  the  petition,  which  approval  must  be 
signed  by  the  president  and  attested  by  the  clerk; 
and  from  and  after  the  approval  the  district  is 
duly  formed,  and  the  persons  named  in  the  peti- 
tion are  the  trustees  for  the  first  three  months,  and 
until  their  successors  are  appointed. 
Record. 

Sec.  5.  The  petition  must  then  be  r*ecorded  by 
the  county  recorder  in  a  book  kept  for  the  purpose. 
By-laws. 

Sec.  6.  After  the  approval  of  the  petition,  the 
petitioners  may  make  such  by-laws  as  they  deem 
necessary  for  future  appointment  of  trustees,  and 
to  effect  the  works  of  irrigation  or  drainage,  keep 
the  same  in  repair  and  operation,  and  for  the  con- 


53S  Irrigation   Districts. 

trol  and  management  thereof,  by  the  votes  or  eon- 
sent  of  a  majority  of  the  owners  of  the  lands  with- 
in their  districts. 
Record  of  by-laws. 

Sec.  7.  The  by-laws  edoptea  must  be  signed  by 
persons  owning  a  majority  of  the  land  within  the 
district,  and  must  be  recorded  by  the  county  re- 
corder in  the  same  booli  and  immediately  follow- 
ing tlie  petition. 
Powers  of  trustees. 

Sec.  8.  The  board  thus  formed  have  power  to 
elect  one  of  their  number  president  thereof,  and 
to  employ  engineers  to  survey,  plan,  locate  and 
estimate  the  cost  of  tne  worlds  necessary  for  the 
irrigation,  the  water  rights  needed,  and  the  land 
needed  for  right  of  way,  including  drains,  canals, 
sluices,  water  gates,  embanlvments,  and  material 
for  construction,  and  to  construct,  maintain,  and 
keep  in  repair  a'l  works  nece-^sary  to  the  object  in 
view. 
Reports. 

Sec.  9.  The  board  of  trustees  must  report  to  the 
board  of  supervisors  of  the  county,  or  if  the  dis- 
trict is  in  more  than  one  county  then  to  the  board 
of  supervisors  of  each  county,  in  which  the  district 
is  situated,  the  plans  of  the  work  and  estimates  of 
the  costs,  together  witl.  estimates  of  the  incidental 
expenses  of  superintendence,  repairs,  etc. 
Assessments  for  benefits. 

Sec.  10.  The  board  by  which  the  district  was 
formed  must  appoint  three  commissioners,  disin- 
terested persons,  resident  of  the  county  in  which 
the  district  or  some  part  thereof  is  situated,  and 
must  view  and  assess  upon  the  lands  situated 
within  the  dist]-ict  a  cl)arge  proportionate  to  the 
whole  expense  and  to  the  benefits  which  will  re- 
sult from  such  works,  which  charge  must  be  col- 
lected and  paid  into  the  county  treasury  as  here- 
inafter provided,  and  must  be  placed  by  the  treas- 
urer to  the  credit  of  the  district,  and  paid  out  for 
the  work  of  irrigation  cr  drainage  upon  the  war- 
rants of  the  trustees,  approved  by  the  board  of 
supervisors  of  the  cour  ty. 
Warrants. 

Sec.  11.    The  warrants  drawn  by  the     trustees 
must  , after  they  are  approved  by  the  board  of 


.  Irrigation   Districts.  539 

supervisors,  be  presented  to  tlie  treasurer  of  ttie 
county,  and  if  ttiey  are  not  paid  on  presentation, 
lilve  indorsement  must  be  made  thereon,  and  tliey 
must  be  registered  in  hke  manner  as  county  war- 
rants. 
Payments  wtiere  district  in  two  counties. 

Sec.  12.    If  a  district  is  situated  partly  in  differ- 
ent counties,  che  charge  must  be    paid  into  the 
treasury  of  the  county  in  which  the     particular 
tract  may  be  situated. 
Further  assessments. 

Sec.  13.  If  the  original  assessment  is  Insufficient 
to  provide  for  the  complete  irrigation  or  drainage 
of  the  lands  of  the  district,  or  if  further  assess- 
ments are  from  time  tu  time  required  to  provide 
for  the  protection,  maintenance,  and  repair  of  the 
worlis,  the  trustees  mubt  present  to  the  board  of 
supervisors  by  which  the  district  was  formed  a 
statement  of  tbe  work  to  be  done  and  its  esti- 
mated cost,  and  he  board  must  make  an  order  di- 
recting the  commissioners  who  made  the  original 
assessment,  or  other  commissioners  to  be  named  in 
such  order,  to  assess  the  amount  of  such  estimated 
cost  as  a  charge  upon  the  lands  within  the  district, 
which  assessment  must  be  made  and  collected  in 
the  same  manner  as  the  original  assessment. 
List  of  charges  assessed. 

Sec.  14.    The  commissioners  appointed     by  the 
board  of  supervisors  must  make  a  list     of     the 
charges  assessed  against  each  tract  of  land. 
List,  what  to  contain. 

Sec,  15.    The  list  must  contain: 

1.  A  description,  by  legal  subdivisions  or  na- 
tural boundaries,  of  each  ti-act  assessed; 

2.  The  number  of  acres  in  each  tract; 

3.  The  names  of  the  owners  of  each  tract,  if 
known,  and  if  unknown,  that  fact; 

4.  The  amou^jt  of  the  charge  assessed  against 
each  tract. 

List  to  be  filed  with  treasurer. 

Sec.  16.  The  list  so  made  must  be  filed  with  the 
county  treasur<^r  of  the  county,  or  if  the  district  is 
partly  situated  m  different  counties,  then  the  orig- 
inal list  must  be  tiled  in  the  county  first  in 
order  under  alphabetical  arrangement,  and  copies 
thereof,   certified   by  tiie  commissioner,  must  be 


540  Irrigation   Districts. 

filed  with  tlie  treasurer  of  each  of  the  other  coun- 
ties. 
Charges,  when  constitute  liens. 

Sec.  17.    FroiQ  and  after  the  filing  of  the  list,  or 
certified  copy  thereof,  the  charges  assessed  upon 
any  tract  of  laud  within  the  county  constitutes  a 
lien  thereon. 
Payments. 

Sec.  18.  The  lists  thus  prepared  must  remain  in 
the  ottlice  of  the  treasurer  for  thirty  days,  or  longer 
if  ordered  by  the  board  of  trustees,  and  during  the 
time  they  so  lemain  any  person  may  pay  the 
amount  of  the  charge  against  any  tract  to  the 
treasurer,  without  cost. 
Action  to  collect  charges. 

Sec.  19.  If  at  the  end  of  thirty  days,  or  of  the 
longer  time  fixed  by  the  trustees,  all  of  the  charges 
have  not  been  paid,  the  treasurer  must  return  the 
lists  to  the  district  attorney,  who  must  at  once 
proceed  by  civd  action  to  collect  such  charges. 
Work. 

Sec.  20.    The  work  rcust  be  executea  under  the 
direction  and  in  the    manner    prescribed  by  the 
board  of  trustees. 
Accounts. 

Sec.  21.  The  board  must  keep  accurate  accounts 
of  all  expenditares,  which  accounts,  and  all  con- 
tracts that  may  be  made  by  them,  are  open  to  the 
inspection  of  the  board  of  supervisors  and  every 
person  interested. 
Property  may  be  acquired. 

Sec.  21.  The  t^-ustees  may  acquire,  by  purchase, 
all  property  necessary  to  carry  out  ana  maintain 
the  system  of  irrigation  or  drainage  provided  for. 
Condemnation. 

Sec.  22.  The  trustees  may  acquire  by  condem- 
nation: 

1.  The  right  lo  the  use  of  any  running  water 
not  already  used  for  culinary  or  domestic  pur- 
poses, or  for  irrigating,  milling,  or  mining  pur- 
poses; 

2.  The  right  of  way  lor  canals,  drains,  embank- 
ments, and  other  work  necessary,  and  may  take 
materials  for  the  construction,  maintenance,  and 
repair  thereof,  fiom  land?  outside  of  as  well  as 
within  the  limirp  of  the  district. 


Irrigation   Districts.  541 

Practice. 

Sec.  23.    Tlie  provisions  of  Title  VII.,  Part  III., 
of  tlie  Code  of  Civil  Procedure,  are  applicable  to, 
and  the  condamnation  herein  provided  for  must 
be  made  thereunder. 
Irrigation  or  dt  linage  by  individual  owners. 

Sec.  24.  Whenever  any  district  susceptible  of 
one  mode  of  irrigation  or  drainage  is  entirely 
owned  by  parties  who  desire  to  irrigate  or  drain 
the  same,  and  to  manage  the  irrigation  or  drain- 
age without  tn^,:  intervention  of  trustees  or  the  es- 
tablishment of  by-law.,  tney  may  file  the  petition 
provided  for  in  sections  one  and  two,  and  must 
state  therein  that  they  intend  to  undertake  the  ir- 
rigation or  drainage  on  their  own  responsibility. 
Privileges  of  owners. 

Sec.  25.  If  the  petition  is  granted,  the  owners 
of  the  lands  have  all  the  rights,  immunities,  and 
privileges  granted  to  boai'ds  of  trustees,  and 
in  all  proceedings  the  names  of  the  owners  may 
be  used  insteac  of  the  names  of  trustees. 
Not  applicable  to  certain  counties. 

Sec.  26.  This  act  shall  not  be  so  construed  as 
applying  to  the  counties  of  Fresno,  Kern,  Tulare, 
and  Yolo. 

Sec.  27.  This  act,  and  the  provisions  of  the  title 
of  the  Code  of  Civil  Procedure  herein  referrred  to, 
so  far  as  proceedings  under  this  act:  are  to  be  had, 
shall  be  in  force  from  and  after  the  passage  of  this 
act. 

An  act  supplemental  to  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government 
of  irrigation  distri  ts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and 
for  the  dishibution  of  water  thereby  for  ir- 
rigation purposes,"  approved  March  7,  1887, 
providing  for  the  abandonment  of  operations 
by  irrigaticn  districts  and  for  their  disorgani- 
zation upon  the  discharge  of  all  outstanding 
obligations,  and  dividmg  irrigation  districts 
into  classes  lor  the  purposes  of  this  act. 
[Approved  March  25,  IS^S:  Stats.  1893,  p.  520.] 
Section  1.     Whenever  a  petition  is  presented  to 

the  board  of  directors  of  an  irrigation  district  in 
Gen.  Laws — iO. 


542  Irrigation    Districts. 

this  state,  organized  under  the  provisions  of  "An 
act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  aod  other  property,  and  for 
the  distribution  of  water  thereby  for  irrigation 
purposes,"  app  oved  March  seventh,  eighteen 
hundred  and  eighty-sever  commonly  known  as 
the  Wright  law^  signed  by  a  majority  of  the  as- 
sessment payers  within  said  district,  whose  names 
appear  apon  the  last  preceding  assessment  roll  of 
said  district,  acjliing  for  the  abandonment  of  fur- 
ther operations  by  the  district,  the  board  of  di- 
rectors of  saia  aistrict  shall  call  a  special  election, 
as  provided  in  other  cases  for  holding  special  elec- 
tions in  irrigation  districts  at  which  the  question 
of  such  abandonment  of  further  operations  by  the 
district  shall  be  submitted-  provided,  that  no  dis- 
trict shall  talj:e  advantage  of  the  provisions  of  this 
act  if  there  is  any  exist  i_g  bonded  indebtedness 
at  the  time  of  the  presentation  of  such  petition  to 
said  board.  I  Vmendnjent  approved  March  31, 
1897;  Stats.  1897,  ch.  178.] 

Sec.  2.  At  snch  electiori  the  ballots  used  shall 
have  written  or  printed  thereon  the  words  "Aban- 
donment of  operations— Yes,"  or  "Abandonment  of 
operations— No  "  and  if  three-fifths  of  the  votes 
cast  at  such  election  shah  be  in  favor  of  such 
abandonment  o:"  operations,  then  and  in  that  event 
the  board  of  director©  shall  enter  upon  their  re- 
cords the  fact  tbat  said  '^le^tion  has  been  held,  and 
that  three-fifth-  of  tho  electors  of  said  district 
voting  at  said  (.lection  l>ave  voted  at  said  election 
to  abandon  fu/iher  operations  by  the  district;  and 
thereafter  no  further  moneys  shall  be  expended  or 
indebtedness  incurred  or  created  or  property  ac- 
quired by  said  district  for  the  construction  or  com- 
pletion of  any  system  cf  irrigation  works,  and  no 
taxes  or  assessments  shaP  thereafter  be  levied  or 
collected  by  or  n  said  di^  rict  for  the  purpose  of 
the  furtlier  construction  or  completion  of  said 
■work,  and  no  bonds  o)'  «aid  district  shall  ever 
thereafter  be  iscsued  or  soM  or  otherwise  disposed 
of:  and  any  la  ids  which  may  have  been  bought 
in  by  the  district  for  delir  quent  assessments,  and 
the  title  to  whion  still  remains  in  the  district,  shall 
revert  to  the  owner  tnereof  at  the  time  of  such 
sale;  provide-^i    all  assessments  for  the  non-pay- 


Irrigation   Districts.  543 

ment  of  which  the  said  lands  were  sold,  be  paid 
to  the  treasurer  of  the  district  within  thirty  days 
after  such  vote  to  abandon  further  operations  by 
the  district.  The  question  of  abandoning 
operations  by  any  irrigation  district  shall  not  be 
submitted  to  a  vote  of  th?  people  of  such  district 
oftener  than  once  in  two  years. 

Sec.  3.  The  board  of  directors  of  said  district 
shall  sell  and  dispose  of  all  the  property  of  said 
district  as  sooi  after  such  vote  to  abandon  fur- 
ther operations  as  it  can  be  done  without  sacri- 
ficing any  of  said  proforty;  but  no  property  shall 
be  sold  without  notice  to  the  creditors  of  such  dis- 
trict by  advercljement  'n  such  newspapers  as  will 
best  bring  the  proposed  sale  to  the  notice  of  the 
creditors. '  such  newspapers  to  be  designated  by 
the  board  of  directors,  and  such  notice  to  be  given 
personally  or  by  mail  v  hen  possible.  Such  notice 
shall  describe  the  propertv  offered  for  sale,  and  fix 
a  time  and  plMce  where  offers  or  bids  for  such 
property  will  be  received,  ana  such  notice  shall  be 
so  given  not  less  than  four  weeljs  prior  to  the  time 
so  fixed  for  receiving  such  offers  or  bids.  No 
lands  bought  in  by  the  district  for  delinquent  as- 
sessments shall  be  soid  until  thirty  days  after 
such  vote  to  aoandon  f  irther  operations.  The  ti- 
tle to  any  of  the  prope  "ty  of  said  district  sold  by 
said  board  shall  not  vest  in  the  purchaser  thereof 
until  notice  of  such  sale  shall  have  been  given  by 
said  board  by  publication  thereof  for  four  succes- 
sive weeks  in  a  newspaper  published  in  each  of  the 
counties  in  which  any  of  the  lands  of  said  district 
are  situated;  or  if  theie  is  any  such  county  in 
which  no  newspaper  is  published,  then  by  posting 
such  notice  in  throe  or  mere  conspicuous  places  in 
such  county  and  within  sach  district.  Said  notice 
shall  contain  a  description  of  the  property  sold,  the 
price  offered,  «nd  terms  of  sale,  and  fix  a  time  and 
place  within  said  district  for  hearing  any  objec- 
tions which  may  be  made  to  such  sale  by  any  one 
interested  in  said  dis'.rict.  Any  such  objection 
may  be  filed  m  writing  with  such  board  or  the 
secretary  thery>f  at  ary  t'me  after  publication  of 
said  notice  and  prior  to  the  day  set  for  such  hear- 
ing. If  no  sa<M  obje.'^tions  are  filed,  or  if  no  in- 
creased offer  for  said  pri'perty  be  made  as  here- 
inafter provided    the  board  shall  confirm  said  sale 


544  Irrigation   Districts. 

and  execute  a  coiiveyunor  of  the  property  sold  to 
the  purchaser  theioof.  Such  conveyance  shall  not 
be  executed  until  the  purchase  price  shall  have 
been  paid  in  full  in  cash,  and  sales  of  personal 
property  shall  ha  for  cash  only,  but  sales  of  real 
property  may  be  for  part  cash  and  part  deferred 
payments  bearing  interest  at  the  legal  rate,  and 
in  case  of  part  deferred  payments  said  board  of  di- 
rectors may,  on  receipt  of  the  cash  payment,  exe- 
cute an  agreement  for  a  conveyance  of  said  prop- 
erty whenever  the  purchase  price  thereof  shall 
have  been  paid  in  full  according  to  the  terms  of 
sale.  If  any  objections  be  tiled  to  such  sale  as 
hereinbefore  provided,  said  board  may  vacate  and 
refuse  to  confirm  said  sale;  and  if  objections  there- 
to be  30  made  by  a  majority  of  the  taxpayers  of 
said  district  whose  names  appear  on  the  last  pre- 
ceding assessment  roll  thereof,  said  board  must 
vacate  and  refuse  to  confirm  said  sale.  If  any 
person  shall  at  or  prior  to  said  hearing  make  or  file 
with  the  said  board  or  the  secretary  thereof  a 
written  offer  to  pay  for  said  property  at  least  ten 
per  cent  more  than  the  price  named  in  said  notice 
of  sale,  accompanied  by  a  certified  checli;  for  ten 
per  cent  of  the  price  so  offered,  tlien  said  board 
shall  confirm  said  sale  to  such  increased  bidder, 
and  if  more  than  one  such  increased  bid  be  re- 
ceived, then  to  the  person  offering  the  highest 
amount.  The  sale  of  any  of  the  real  propertj^  of 
said  district  by  said  board  of  directors,  as  herein- 
before provided,  shall  not  affect  or  impair  the  lien 
of  au3'  outstanding  bonds  of  said  district  upon 
such  real  property.  Such  sale  shall  only  be  of  the 
interest  of  said  district  in  such  property,  subject 
to  the  lien  thei'eon  of  any  bonded  indebtedness  of 
said  district. 

Sec.  4.  The  board  of  directors  of  said  district 
shall  apply  all  moneys  of  said  district  on  hand  at 
the  time  of  such  vote  to  abandon  further  opera- 
tions, or  thereafter  realized  from  the  sale  of  the 
property  thereof,  after  payment  of  the  legal  and 
necessary  expenses  of  the  district,  salaries  of  its 
ofQcers,  necessary  incidentnl  expenses,  and  ac- 
crued interest  on  tlie  legally  incurred  and  bona 
fide  existing  debt  of  said  district,  to  the  payment 
of  any  outstanding  indebtedness  of  said  district 
then  due,  and  any  moneys  thereafter  remaining 


Irrigation  Districts.  545 

shall  be  immediately  applied  to  the  redemption  of 
the  outstanding  bonded  indebtedness  of  said  dis- 
trict, or  invested  in  the  manner  provided  in  sec- 
tion thirty-four  of  said  Wright  law. 

Sec.  5.  The  obligations  of  irrigation  districts 
which  have  voted  to  abandon  further  operations 
shall  be  governed  by  the  same  laws  as  apply  to 
those  of  all  other  irrigation  districts,  and  to  the 
same  extent  as  though  said  vote  to  abandon  fur- 
ther operations  had  never  been  taken,  and  shall 
be  paid  and  discharged  in  the  same  manner  and 
under  the  same  laws  as  the  obligations  of  other 
irrigation  districts  which  have  not  voted  to  aban- 
don further  operations  are  paid  and  discharged; 
and  all  laws  governing  the  affairs  of  irrigation  dis- 
tricts within  this  state  shall  apply  to  and  govern 
irrigation  districts  which  have  voted  to  abandon 
further  operations,  to  the  same  extent  as  though 
said  vote  had  never  been  taken,  except  where  it  is 
otherwise  expressly  provided  in  this  act. 

Sec.  6.  Whenever  all  the  property  of  such  irri- 
gation district  shall  have  been  disposed  of,  and 
all  the  indebtedness  and  obligations  thereof,  if  any 
there  be,  including  the  bonds  and  all  accrued  inter- 
est thereon,  shall  have  been  paid  and  discliarged, 
and  thirty  days  shall  have  expired  after  such 
vote  to  abandon  further  operations,  the  directors 
of  said  district  shall  tile  in  the  superior  court  of 
the  county  wtierein  the  lands  of  said  district  or  a 
portion  thereof  are  situated,  a  petition  setting 
forth  the  facts  that  the  electors  of  said  district 
have  voted  to  abandon  further  operations  by  the 
district  as  required  by  this  act,  and  that  all  the 
property  of  said  district  has  been  disposed  of.  and 
all  its  indebtedness  and  obligations,  if  any  there 
may  have  been,  including  the  bonds  and  all  ac- 
crued interests  thereon,  have  been  paid  and 
discharged,  and  praying  that  a  decree  be 
made  and  entered  by  said  court  disorgan- 
izing said  district.  On  the  entry  of  such 
decree,  said  board  and  all  the  officers  of 
said  district  shall  deliver  over  to  the  clerk  of 
said  court  all  books,  papers,  records,  and  docu- 
ments belonging  to  said  district,  or  in  their  pos- 
session, or  under  their  control  as  officers  thereof, 
and  the  treasurer  of  the  district  shall  pay  over  to 
the  treasurer  of  the  county  wherein  said  petition 


546  IiTigatiou    Districts. 

is  filed  anj^  balance  of  moneys  of  said  district  re- 
maining in  liis  hands,  and  each  assessment  payer 
in  said  district  shall  be  entitled  to  receive  such 
proportion  thereof  as  he  shall  have  contributed  to 
the  total  amount  of  assessments  collected  by  said 
district. 

Sec.  7.  Upon  the  filing  of  said  petition  with  the 
clerk  of  said  superior  court,  the  judge  thereof  must 
make  an  order  directing  that  any  person  interested 
in  said  irrigation  district  may,  at  a  time  and  place 
specified,  not  less  than  eight  nor  more  than  twelve 
weeks  from  the  time  of  making  such  order,  ap- 
pear and  show  cause,  if  any  there  be,  why  a  de- 
cree of  said  court  should  not  be  made  disorganiz- 
ing said  irrigation  district.  A  copy  of  said  order 
shall  be  published  at  least  three  successive  weeks 
before  the  time  appointed  for  the  hearing  of  said 
petition  in  a  newspaper  to  be  designated  by  the 
court,  in  each  of  the  counties  in  which  any  of  the 
lands  of  said  district  are  situated;  or  if  there  is 
any  such  county  in  which  no  newspaper  is  publish- 
ed, then  in  a  newspaper  published  in  an  adjoining 
county,  to  be  designated  by  the  court.  The  affi- 
davit of  the  proprietor,  foreman,  or  chief  clerk  of 
any  newspaper  in  which  such  notice  is  published 
sliall  be  competent  proof  of  such  publication. 

Sec.  8.  At  or  before  the  time  set  for  the  hear- 
ing of  said  petition,  any  person  may  show  cause, 
if  any  he  have,  why  the  said  petition  should  not 
be  granted,  and  may  then  and  there  join  issue  of 
law  or  fact,  or  both,  upon  said  petition.  Said 
proceeding  shall  be  governed  by  the  rules  gov- 
erning civil  actions.  If  upon  the  hearing  of  said 
petition  by  said  superior  court  the  aforesaid  facts 
required  to  be  alleged  in  said  petition  are  proven 
by  competent  evidence,  it  shall  be  the  duty  of  said 
superior  court  to  make  findings  in  accordance  with 
such  allegations  and  proof,  and  to  enter  a  judg- 
ment and  decree  disorganizing  said  irrigation  dis- 
trict. The  petition,  order  fixing  time  and  place  of 
bearing  same,  with  proof  of  the  publication  there- 
of, objections  thereto,  if  any,  findings,  and  decree 
of  disorganization  shall  constitute  the  judgment 
roll  in  said  proceeding;  and  from  the  judgment  an 
appeal  may  be  taken  to  the  supreme  court,  as  from 
a  judgment  of  tlie  superior  court  in  civil  actions. 
Said  decree  of  disorganization  shall  be  filed  in 
the  office  of  the  county  clerk,  and  recorded  in  the 


IiTigatiou   Districts.  547 

office  of  the  county  recorder  of  each  of  the  coun- 
ties wherein  any  of  the  lands  of  said  irrigation 
district  are  situated. 
Sec  9.    This  act  shall  take  effect  immediately. 


An  act  to  provide  for  the  leasing  and  disposition 
of  water  for  generation  of  power  for  mechan- 
ical purposes,  by  irrigation  districts  organized 
or  to  be  organized  under  and  pursuant  to  an 
act  entitled  "An  act  to  provide  for  the  organi- 
zation and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and 
other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  ap- 
proved March  7,  1887. 

[Approved  March  23,  1893;  Stats.  1893,  p.  295.] 

Section  1.  Whenever  any  irrigation  district 
formed,  or  to  be  formed,  under  and  pursuant  to 
the  provisions  of  an  act  entitled  "An  act  to  pro- 
vide for  the  organization  and  government  of  irri- 
gation districts,  and  to  provide  for  the  acquisition 
of  water  and  other  property,  and  for  the  distribu- 
tion of  water  thereby  for  irrigation  purposes,"  ap- 
proved March  seventh,  eighteen  hundred  and 
eighty-seven,  in  the  development  of  its  works,  as 
in  said  act  provided,  may  have  opportunity,  with- 
out increased  expenditure,  to  utilize  the  water  by 
it  owned  or  controlled  for  mechanical  purposes 
not  inconsistent  with  the  provisions  of  said  act, 
the  board  of  directors  may  lease  the  same,  as  in 
this  act  hereinafter  provided. 

Sec.  2.  Whenever  the  board  of  directors  may 
desire  to  lease  the  use  of  water,  as  hereinbefore 
stated,  they  shall  pass  a  resolution  of  intention 
to  so  lease  the  same.  Immediately  thereafter  the 
secretary  shall  cause  notice  of  such  intention  to 
be  given  by  publication  in  one  newspaper  pub- 
lished in  each  county  in  which  lands  of  the  district 
are  situated  for  at  least  twenty  days  (provided,  a 
newspaper  is  published  therein,  otherwise  in  any 
newspaper  the  board  of  directors  may  select),  and 
in  such  newspapers  as  may  be  deemed  advisable, 
calling  for  bids  for  the  leasing  of  said  water  for 
the  purposes  hereinbefore  mentioned.     Said   no- 


548  Irrigation   Districts. 

tice  sliall  state  that  the  board  will  receive  sealed 
proposals  therefor,  that  the  lease  will  be  let  to 
the  highest  responsible  bidder,  stating  the  time 
and  place  of  opening  said  proposals. 

Sec.  3.  At  the  time  and  place  appointed  the 
board  shall  proceed  to  open  the  proposals  in  public. 
As  soon  thereafter  as  may  be  convenient  the  board 
shall  let  said  lease  in  portions,  or  as  a  whole,  to 
the  highest  responsible  bidder,  or  they  may  re- 
ject any  or  all  bids,  and  readvertise  for  proposals 
for  the  same. 

Sec.  4.  The  rental  accruing  upon  said  lease  may 
vary  from  year  to  year,  as  shall  be  specified  in 
said  lease,  and  shall  be  payable  semi-annually,  on 
the  thirtieth  day  of  December  and  thirtieth  day  of 
June  of  each  year.  All  moneys  collected,  as  in  this 
act  provided,  shall  be  paid  into  the  treasury,  and 
be  used  in  the  manner  provided  in  section  thirty- 
four  of  said  act,  except  that  the  period  of  ten 
years,  as  mentioned  in  said  section  thirty-four, 
shall  not  be  applicable  to  the  provisions  of  this 
act;  provided,  however,  that  if  any  coupons  on 
any  outstanding  bonds  of  such  district  are  at  any 
time  due  and  payable,  and  there  shall  for  any 
reason  not  be  sufficient  funds  in  the  interest  fund 
to  pay  the  same,  the  proceeds  so  collected,  as  in 
this  act  provided,  may  be  used  to  pay  the  same. 

Sec.  5.  The  board  shall  have  power,  as  in  this 
act  provided,  to  execute  a  lease  for  any  period  not 
exceeding  fifty  years.  If  at  any  time  the  rental 
shall  not  be  paid  on  the  days  hereinbefore  men- 
tioned, the  amount  of  such  rental  then  due  shall 
be  doubled,  and  if  not  paid  within  ninety  days 
thereafter,  the  said  lease  shall  be  forfeited  to  said 
district,  together  with  any  and  all  worlds  con- 
structed, owned,  used,  or  controlled  by  said  lessee. 

Sec.  6.  Upon  the  letting  of  any  lease,  as  in  this 
act  provided,  the  boara  may  require  the  lessee  to 
execute  a  bond  for  the  payment  of  the  rental,  and 
proper  performance  of  tne  said  lease,  or  give  &nch 
other  evidence  of  good  faith  as  in  their  judgment 
may  be  necessary. 

Sec.  7.    This  act  shall  +ako  effect  immediately. 


Japanese  Gk)veriiment— Judgments.         549 

TITLE  137. 

JAPANESE  GOVERNMENT. 

An  act  making  an  appropriation  for  reimbursing 
the  Japanese  government  for  moneys  expend- 
ed in  the  extradition  of  Calvin  Pratt,  a  fugi- 
tive from  the  justice  of  this  state,  and  to  pro- 
vide for  transmitting  the  same  to  Japan. 
[Approved  March  31,  1891;  Stats.  1891,  p.  222.] 
The  nature  of  the  act  appears  from  the  title. 


TTTLE  138. 

JUDGES  OF  THE  PLAINS. 

The  Political  Code,  sec.  19,  continued  in  force 
all  acts  in  relation  to  judges  of  the  plains. 

These  acts  can  be  found  in  Deering's  Annotated 
Penal  Code,  pp.  599-601. 


TITLE  139. 

JUDGMENTS. 

An  act  prescribing  how  judgments  which  may  be 
recovered  against  any  city  and  county  of  over 
one  hundred  thousand  population  shall  be  paid. 

[Stat,  approved  March  26,  1895;  Stats.  1895,  chap, 
clix.] 

The  people  of  the  State  of  California,  represent- 
ed in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  All  existing  judgments  against  any 
city  and  county  of  over  one  hundred  thousand  pop- 
ulation shall  be  paid  by  the  treasurer  of  such  city 
and  county,  out  of  the  or  any  general  fund  there- 
of, after  the  same  shall  have  been  audited  by  the 
auditor,  auditing  officer,  board,  or  other  auditing 
officer  CT  officers,  and  it  is  hereby  made  the  duty 


550       Justices  of  the  Peace— Kern  County. 

of  tiie  board  of  supervisors  and  mayor  of  such 
city  and  county  to  include  in  tlie  tax  levy  for  any 
fiscal  year  a  sum  sufiBcient  to  pay  existing  judg- 
ments. 

Sec.  2.    This  act  shall  take  effect  and  be  in  force 
immediately  after  its  passage. 


TITLE  140. 

JUSTICES  OF  THE  PEACE. 

Acts  relating  to:  See  Code  of  Civil  Procedure, 
Appendix,  title,  Justices  of  the  Peace,  p.  857  et 
seq. 

TITLE  141. 
JUTE  GOODS. 

Jute  factory  at  the  state's  prison:     See    Penal 

Code,  title,   State's  Prisons,   pp.  686,  687. 

An  act  fixing  the  price  and  conditions  of  sale  at 
which  jute  goods  shall  be  sold  by  the  state. 

[Approved  I'ebruary  27,  1893;  Stats.  1893,  p.  54.] 
.    The  object  of  the  act  appears  from  the  title. 


TITLE  142. 

KERN  COUNTY. 

A  reference  to  local  acts  relating  to  Kern 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  p.  601. 


Kings   County— Labor   Statistics.  551 

TITLE  143. 
KINGS  COUNTY. 

An  act  to  create  the  county  of  Kings,  to  define  the 

boundaries  thereof,  to     fix     the     county  seat 

thereof,  and  to  provide  for  its  organization  and 

election  of  officers,  and  to  classify  said  county. 

This  act  was  approved  March  22,  1893;  Stats. 

1893,  p.  176. 

TITLE  144. 
KLAMATH   COUNTY. 

A  reference  to  special    acts  relating  to  can  be 
found  in  Deering's  Annotated  Penal  Code,  p.  601. 

Consult  the  following  acts: 

An  act  to  annex  the  territory  comprised  in  the 
present  county  of  Klamath  to  the  counties  of 
Humboldt  and  Siskiyou. 
[Approved  March  28,  1874;  1873-4,  755.] 

An  act  amendatory  of  and  supplementary  to  the 
foregoing  act  of  March  twenty-eight,  eighteen 
hundred  and  seventy-four. 
[Approved  March  31,  1876;  1875-6,  603.] 


TITLE  145. 
LABOR     STATISTICS. 

Consult  the  following  acts: 

An  act  to  establish  and  support  a  bureau  of  labor 
Statistics. 
[Approved  March  3,  1883;  1883,  27.] 
This  act  was  amended  February  8,  1889,  Stats. 
1889,  p.  8. 


552  Lake  County— Lake  Taboe. 

An  act  to  appropriate  money  for  the  support  of 
the  bureau  of  labor  statistics. 
[Approved  March  5,  1885;  1885,  26.] 
This  act  appropriated  one  thousand  six  hundred 
and  fifteen  dollars. 


TITLE  146. 
LAKE    COUNTY. 

A  reference  to  special  acts  relating  to  Lake 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  604,  605. 


TITLE  147.      . 
LAKE     TAHOE. 

Consult  the  following  acts: 

An  act  to  create  the  office  of  Lake  Tahoe  wagon- 
road  commissioner,  providing  the  term  of 
office  and  compensation  of  such  commissioner, 
defining  his  duties,  and  making  an  appropria- 
tion for  the  salary  and  expenditures  provided 
for  and  authorized  by  this  act. 

[Stat,  approved  April  1,  1897;  Stats.  1897,  chap, 
ccxlv;  amended  in  189l>;  Stats.  1899,  ch.  25:^.] 

An  act  to  authorize  the  state  of  California  to  se- 
cure the  title  to  and  right  of  way  for  that  cer- 
tain wagon-road  situated  In  El  Dorado  county, 
commencing  a  short  distance  easterly  from  the 
village  of  Smith's  Flat,  in  said  county,  and 
running  thence  to  Lake  Tahoe,  and  to  provide 
for  the  appointment,  duties,  and  compensation 
of  a  person,  to  be  known  as  and  called  the 
"Lake  Tahoe  Wagon-road  Commissioner,"  and 
to  make  an  appropriation,  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  act. 

[Approved   March   26,   1895;   Stats.   1895,   p.   119.] 


Lands  of  State— Legal  Tender.  553 

TITLE  148. 

LANDS     OF     STATE. 

See  Public  Lands;  Settlers;  State  Lands. 
A  reference  to  the  legislation  on  this  subject  is 
contained  in  Deering's  Annotated  Penal  Code,  p. 
605,  et  seq. 


TITLE  149. 
LARCENY. 


Acts  relating  to:  See  Penal  Code,  Appendix,  title 
Larceny,  p.  582. 


TITLE  150. 

LASSEN   COUNTY. 

The  special  acts  relating  to  Lassen  county  are 
referred  to  in  Deering's  Annotated  Penal  Code, 
pp.  613  and  614. 

TITLE  151. 
LEGAL    TENDER. 

An  act  in  relation  to  the  currency  of  the  United 

States. 

[Approved,  March  12,  1880;  1880,  8  (Ban.  ed.  28)] 
Legal  tender  notes  to  be  received  at  par. 

Section  1.  All  legal  tender  notes  heretofore  is- 
sued, or  which  may  hereafter  be  issued,  by  the 
government  of  the  United  States  of  America,  as 
legal-tender  notes,  shall  be  received  at  par  in  pay- 
ment for  all  taxes  due  or  to  become  due  to  this 
state,  or  to  any  county  or  municipal  corporation 
thereof,  and  such  notes  shall  be  a  legal  tender  for 
all  debts,  dues,  and  demands  between  citizens  of 
this  state. 

Gen.  I^aws — 47. 


554  Legislation. 

Sec.  2.  All  acts,  and  the  provisions  of  any  act 
or  parts  of  acts,  conflicting  witli  this  act  are  here- 
by repealed. 

Sec.  3.  This  act  shall  talvc  effect  and  be  in  force 
from  and  after  its  passage. 


TITLE  152. 
LEGISLATION. 

An  act  for  the  creation  of  a  commission  for  the 
promotion  of  uniformity  of  legislation  in  the 
United  States,  and  to  appropriate  money  for  its 
expenses. 

[Stat.  Approved,  March  9,  1897;  Stats.  1897;  chap. 
Ixxx.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Within  thirty  days  after  the  passage 
of  this  act  the  governor  shall  appoint  three  com- 
missioners, who  are  hereby  constituted  a  board  of 
commissioners  by  the  name  and  style  of  "Commis- 
sioners for  the  promotion  of  Uniformity  of  Legis- 
lation in  the  United  States."  It  shall  be  the  duty 
of  said  board  to  examine  the  subjects  of  marriage 
and  divorce,  insolvency,  the  form  of  notarial  cer- 
tificates, descent  and  distribution  of  property,  ac- 
knowledgment of  deeds,  execution,  and  probate 
of  wills,  and  other  subjects,  to  ascertain  the  best 
means  to  effect  an  assimilation  and  uniformity  in 
the  laws  of  the  states,  and  to  represent  the  state 
of  California  in  conventions  of  lilce  commissions 
to  consider  and  draft  uniform  laws  to  be  submit- 
ted for  the  approval  and  adoption  of  the  several 
states;  and  to  devise  and  recommend  such  other 
course  of  action  as  shall  best  accomplish  the  pur- 
pose of  this  act. 

Sec.  2.  That  said  commission  shall  be  allowed, 
for  their  traveling  and  other  expenses  in  effectuat- 
ing the  object  of  this  act,  a  sum  not  exceeding  five 
hundred  dollars  in  the  aggregate  for  any  one  year. 

Sec.  3.  The  sum  of  one  thousand  dollars  is  here- 
by appropriated  for  the  expenses  of  said  commls- 


Legislative  Districts— Levee  Districts.     555 

sion  out  of  any  moneys  not  otherwise  appropri- 
ated. 

Sec.  4.    This  act  shall  take  effect  from  and  after 
its  passage. 


TITLE  153. 
LEGISLATIVE  DISTRICTS. 

An  act  to  divide  the  state  into  legislative  districts, 
as  required  by  section  six,  article  four,  of  the 
constitution,  and  to  provide  for  the  election  of 
assemblymen  and  senators  in  such  districts. 
[Approved  March  11,  1891;  Stats.  1891,  p.  71.] 
Consult  the  statutes  of  1891  for  the  act. 


TITLE  154. 

LEVEE  DISTRICTS. 

An  act  amendatory  of  and  supplementary  to  an 
act  entitled  "An  act  to  define  the  boundary  and 
provide  for  the  government  of  levee  district 
number  two,  of  Sutter  county,"  passed  March 
23,  1876,  in  relation  to  the  election  of  officers 
for  said  district,  funding  the  floating  debt,  and 
refunding  the  funded  debt  thereof. 

This  act  was  approved  March  23,  1893,  Stats. 
1893,  p.  199,  and  was  also  amended  March  27,  1895, 
Stats.  1895,  p.  236. 

The  act  entitled  "An  act  to  provide  for  the  or- 
ganization and  government  of  levee  districts  cre- 
ated for  the  protection  of  lands  from  overflow  of 
innavigable  running  streams  of  water,  and  to  con- 
fine innavigable  running  streams  to  a  fixed  chan- 
nel." approved  March  10,  1891,  containing  sections 
1  to  41,  was  repealed  March  9,  1893,  Stats.  1893,  p. 
Ill,  sec.  2. 


55(1  Levee  Districts. 

An  act  providing  for  appeals  from  orders  of  tlie 
board  of  supervisors  forming  or  refusing  to 
form  reclamation  or  swamp-land  districts,  set- 
ting off  lands  from  such  districts,  or  including 
lands     in     such     districts,     or     consolidating 
swamp-land  or  reclamation  districts. 
[Approved  March  11,  1893;  Stats.  1893,  p.  174.] 
Section  1.    Any  person  having  an  interest  af- 
fected by  any  order  of  the  board  of  supervisors 
of  any  count5%  approving  or  refusing  to  approve 
any  petition  for  the  formation  of  a  reclamation 
or      swamp-land      reclamation      district,     or     in 
any     manner     creating     or     consolidating     such 
districts,  or  including  in  or  excluding  from  such 
district;  any  lands,  may,  within  thirty  days  after 
said  order  is  made,  appeal  therefrom  to  the  supe- 
rior court  of  the  county. 

Sec.  2.  Such  appeal  shall  be  taken  and  prosecut- 
ed in  the  manner  prescribed  by  law  and  the  rules 
of  said  superior  court  relating  to  appeals  from  in- 
ferior courts,  and  the  matter  shall  be  tried  anew 
In  said  superior  court.  The  judgment  rendered  in 
the  superior  court  in  such  matter  shall  be  final. 
Each  superior  court  held  in  any  county  of  the 
state  in  which  there  are  any  reclamation 
or  swamp-land  reclamation  districts  shall 
make  rules  regulating  appeals  in  the  cases 
hereinbefore  mentioned;  and  the  clerk  of  the  board 
of  supervisors  shall,  upon  a  notice  of  appeal  and 
undertaking  on  appeal  being  filed  with  him,  trans- 
mit the  same,  and  all  papers  and  documents  used 
on  the  hearing  before  said  board,  to  the  clerk  of 
the  superior  court  in  and  for  said  county,  who 
shall  thereupon  file  the  same  without  receiving 
any  fee  therefor. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Sec.  4.  All  acts  and  "parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed. 

An  act  to  provide  for  funding  the  indebtedness  of 
levee   district   number   six,   of   Sutter   county, 
and  to  provide  for  the  payment  of  such  fund- 
ed debt. 
This  act  was  approved  March  21,  1891,  and  will 
be  found  in  Statutes  1891,  p.  235. 


Levee  Districts.  557 

An  act  to  define  the  boundary  and  provide  for  the 
government  of  levee  district  number  six,   of 
Sutter  county.  California. 
[Approved  March  31,  1891;  Stats.  1891,  p.  237.] 
This  act  vras  approved  March  31,  1891,  and  will 
be  found  in  the  statutes  of  1891,  p.  237. 

An  act  providing  for  the  payment  of  all  moneys 
in  the  state  treasury  to  the  credit  of  swamp 
land  district  funds  to  the  treasuries  of  tht 
counties  wherein  the  said  swamp-land  districts 
are  situated,  and  to  provide  for  the  control 
of  the  same  by  the  auditor  and  treasurer  of 
said  counties,  and  prescribing  the  duties  of  the 
controller  and  treasurer  in  relation  thereto. 
[Approved  March  31,  1891;  Stats.  1891,  p.  243.] 
The  purpose  of  the  act  appears  from  the  title. 

An  act  to  provide  for  the  funding  and  refunamg 
of  the  indebtedness  of  levee  and  protection  dis- 
tricts. 
[Stat.  Approved  April  1,  1897;  Stats.  1897;  chap, 
cclxvi.] 

The  people  of  the  state  of  California,  represent- 
ed in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  The  board  of  directors  or  trustees  or 
any  levee  or  protection  district  having  an  out- 
standing indebtedness  of  not  less  than  twenty 
thousand  dollars,  evidenced  by  bonds  or  warrants 
of  such  district,  by  a  vote  of  two-thirds  of  all  the 
members  thereof,  are  empowered,  if  they  deem  it 
for  the  best  interest  of  such  district  to  fund  and 
refund  the  same,  or  any  part  thereof,  and  issue 
bonds  of  such  district  therefor,  in  sums  of  not  less 
than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  each,  having  not  more  than 
twenty  years  to  run,  and  bearing  a  rate  of 
interest  not  exceeding  seven  per  cent  per  annum, 
payable  semi-annually,  which  bonds  shall  be  sub- 
stantially in  the  following  form: 

No.  .    (Name  of  district),  in  the  county  of 

,  state  of  California,  for  value  received,  prom- 
ises to  pay  ,  or  order,  at  the  office  of  the 

treasurer  of  said  district,  in  ,  California,  on 


55S  Levee  Districts. 

or  before  the  first  day  of ,  19—,  the  sum  of  — 

dollars,  in  gold  coin  of  the  United  States,  with  in- 
terest at  the  rate  of per  cent  per  annum,  pay- 
able at  the  ollice  of  said  treasurer  semi-annually, 

on  the  first  day  of and  in  each  year,  on 

presentation  and  surrender  of  the  interest  coupons 
hereto  attached.  This  bond  is  issued  by  the  board 
of of  said  district  in  conformity  with  a  resolu- 
tion of  said  board,  dated  the day  of ,  eight- 
een hundred  and  ,  and  under  authority  confer- 
red upon  said  board  by  the  provisions  of  an  act  of 
the  legislature  of  California,  entitled  "An  act  to 
provide  for  the  funding  and  refunding  of  the  in- 
debtedness of  levee  and  protection  districts,"  ap- 
proved (insert  date  of  approval  of  the  act). 
In  testimony  whereof,  the  said  district,  by  its 

board  of ,  has  caused  this  bond  to  be  signed  by 

the  chairman  of  said  board,  and  attested  by  the 
auditor  of  county,  with  his  seal  of  oflice  at- 
tached, this day  of  ,  18—. 


Chairman  of  said  Board. 

Attest: ,  Auditor  of county. 

And  the  interest  coupons  shall  be  in  the  follow- 
ing form: 

The  treasurer  of  (name  of  district)  will  pay  to 

the  holder  hereof,  on  the  day  of  ,  1—,  at 

his  ofiice  in , dollars,  gold  coin,  for  inter- 
est on  bond  of  said  district  numbered . 

Sec.  2.  Bonds  issued  under  this  act  shall  be 
numbered  consecutively,  signed  by  the  chairman 
of  the  board  of  directors,  or  trustees,  as  the  case 
may  be,  and  delivered  to  the  auditor  of  the  county 
in  which  the  levee  or  protection  district  is  situat- 
ed, who  shall  countersign  the  same  and  afiix  there- 
to his  official  seal,  and  shall  by  him  be  delivered  to 
the  treasurer  of  the  district,  who  shall  deliver  to 
such  auditor  his  receipt  therefor,  and  said  treas- 
urer shall  stand  charged  on  his  offiicial  bond  with 
all  bonds  delivered  to  him  and  the  proceeds  there- 
of, and  he  sliall  sell  the  same  or  exchange  them 
under  the  direction  of  the  board  of  directors  or 
trustees  of  such  levee  or  protection  district,  on  the 
best  available  terms,  for  any  legal  indebtedness 
of  such  district,  but  in  neither  case  for  a  less  sum 
than  the  face  value  of  the  bonds  and  all  interest 
accrued  thereon  at  the  date  of  such  sale  or  ex- 


Levee  Districts.  559 

change;  and  if  any  portion  of  sucli  bonds  are  sold 
for  money,  the  proceeds  thereof  shall  be  applied 
exclusively  to  the  payment  of  liabilities  existing 
against  the  district  at  the  date  last  above  named. 
When  they  are  exchanged  for  bonds  or  warrants 
or  other  legal  evidences  of  district  indebtedness, 
the  treasurer  shall  at  once  cancel  such  evidences 
of  indebtedness  by  indorsing  thereon  the  amount 
for  which  they  were  received,  the  word  "can- 
celed" and  the  date  of  cancellation.  He  shall  keep 
a  record  of  all  bonds  sold  or  exchanged  by  him,  by 
number,  date  of  sale,  amount,  date  of  maturity, 
the  name  and  post  office  address  of  the  purchasers, 
and,  if  exchanged,  what  evidence  of  indebtedness 
was  received  therefor,  which  record  shall  be  open 
at  all  times  for  public  inspection.  No  such  bond 
shall  be  sold  or  exchanged  for  any  indebtedness 
of  the  district  except  by  the  approval  of  the  board 
of  directors  or  trustees  thereof. 

Sec.  3.  The  board  of  directors  or  trustees  shall 
cause  to  be  assessed  and  levied  each  year  upon  the 
assessable  property  of  the  district,  in  addition  to 
the  levy  authorized  for  other  purposes,  a  sufficient 
sum  to  pay  the  interest  on  outstanding  bonds,  is- 
sued in  conformity  with  the  provisions  of  this  act, 
accruing  before  the  next  annual  levy,  and  such 
proportion  of  the  principal,  that  at  the  end  of  five 
years  tlie  sum  raised  from  such  levies  shall  equal 
at  least  twenty  per  cent  of  the  amount  of  bonds 
issued,  at  the  end  of  nine  years  at  least  forty 
per  cent  of  tlie  amount,  and  at  and  before  the 
date  of  maturity  of  the  bonds  shall  be  equal  to  the 
whole  amount  of  the  principal,  and  the  money 
arising  from  such  levies  shall  be  known  as  the 
bond  fund,  and  shall  be  used  for  the  payment  of 
bonds  and  interest  coupons,  and  for  no  other  pur- 
pose whatever;  and  the  treasurer  shall  open  and 
keep  in  his  books  a  separate  and  special  account 
thereof,  which  at  all  times  shall  show  the  exact 
condition  of  said  bond  fund. 

Sec.  4.  Whenever  there  shall  be  in  the  bond  fund 
of  such  district  a  surplus  of  five  hundred  dollars  or 
more,  over  and  above  the  interest  maturing  before 
the  next  levy,  the  treasurer  shall  give  notice  for 
two  weeks  in  one  or  more  newspapers  of  general 
circulation,  printed  and  published  in  the  county 
in  which  such  district  is  situated,  stating  the 
amount  of  such  surplus,  and  that  on  the  day  and 


560  Libel— Libraries. 

hour  named  in  such  notice,  sealed  proposals  will 
be  received  at  his  office  for  the  surrender  of  bonds 
of  the  district,  and  shall  at  the  time  and  place 
named  open  the  proposals  and  accept  the  lowest 
bid;  provided,  that  no  bid  shall  be  accepted  for  an 
amount  exceeding  the  par  value  of  such  bonds 
with  accrued  interest;  if  bids  are  not  offered  at 
par,  or  less,  sufficient  to  exhaust  the  amount  on 
band  applicable  to  redemption,  the  treasurer  shall 
publish  for  the  same  time  and  in  the  same  manner 
a  notice  that  he  will  redeem  a  bond  or  bonds  of 
said  district,  giving  the  number  or  numbers  there- 
of, and  that  if  not  presented  for  redemption  with- 
in thirty  days  after  the  date  of  the  first  publica- 
tion of  such  notice,  the  interest  thereon  will  cease, 
and  the  amount  due  thereon  will  be  set  aside  for 
the  payment  of  such  bond  or  bonds  whenever  pre- 
sented. If  any  such  bond  be  not  so  presented,  in- 
terest thereon  shall  cease,  and  the  amount  due 
thereon  shall  be  set  aside  as  specified  in  said  no- 
tice. All  redemption  of  bonds  other  than  those 
voluntarily  surrendered  shall  be  made  in  the  ex- 
act order  of  their  issuance,  beginning  with  the 
lowest  or  first  number. 
Sec.  5.    This  act  shall  take  effect  immediately. 


TITLE  155. 
LIBEL. 

Acts  relating  to:  See  Code  of  Civil  Procedure, 
appendix,  title  Libel,  p.  8G1. 


TITLE  156. 

LIBRARIES  AND    READING-ROOMS. 

An  act  to  establish  free  public  libraries  and  read- 
ing-rooms. 

[Approved  April  26,  1880;  1880,  231  (Ban.  ed.  524).] 
Consult  the  statutes  of  1880  for  the  act. 


Libraries— License  Collector.  561 

TITLE  157. 
LIBRARIES,   LAW. 

Consult  the  following  acts: 

As  to  supreme  court  library:  See  Pol.  Code,  sec. 
2313. 

An  act  to  establish  Law  Libraries;  approved 
March  31,  1891;  Stats.  1891,  p.  430. 

Act  amendatory  of  this  act  passed  March  12, 
1895,  Stats.  1895,  p.  46. 

Library,  San  Francisco,  Law,  act  relating  to:  See 
Stats.  1880,  p.  40. 


TITLE  158. 
LICENSE  COLLECTOR. 

An  act  authorizing  the  payment  of  salaries  by 
boards  of  supervisors  to  persons  who  have 
been  employed  to  collect  county  licenses, 
and  legalizing  all  payments  heretofore  made 
to  such  persons. 

[Stat,  approved  March  27,  1895;  Stats.  1895,  chap, 
ccvi. 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  That  the  board  of  supervisors  of  any 
county  in  which  such  board  has  appointed  persons 
to  collect  the  county  license,  are  hereby  empow- 
ered and  directed  to  pay  to  any  person  so  ap- 
pointed, and  who  have  actually  performed  services 
in  collecting  such  licenses,  the  amount  agreed 
upon  as  compensation  for  such  services  at  the  time 
of  such  appointment;  provided,  that  no  such  pay- 
ment shall  be  made  for  services  rendered  after 
the  passage  of  this  act. 

Sec.  2.  All  acts  of  such  board  in  making  such 
appointment  and  payment  made  by  them  for  ser- 
vices heretofore  rendered  in  the  collection  of  such 
licenses,  are  hereby  approved  and  legalized. 

Sec.  3.    This  act  shall  take  effect  and  be  in  force 

from  and  after  its  passage. 


562  Licenses— Lighthouses. 

TITLE  159. 

LICENSES. 

An  act  to  prohibit  the  issuance  of  licenses  to  aliens 
not  eligible  to  become   electors   of  the   state 
of  California. 
[Approved  April  12,  1880;  Stats.  1880,  p.  39.] 
See  ante,  title,  Aliens. 


TITLE  160. 

LIENS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title^ 
Liens,  p.  795  et  seq. 

Act  to  secure  lien  on  live  stock,  kept,  fed,  or  pas- 
tured by  ranchmen  and  stable  keepers;  Stats.  1869- 
70,  p.  723,  was  not  repealed  by  the  codes,  Johnson 
V.  Perry,  53  Cal.  851. 


TITLE  161. 
LIGHTHOUSES. 

An  act  concerning  submarine  sites  for  lighthouses 
and  other  aids  to  navigation  on  the  coast  of 
this  state. 

[Approved  March  26,  1874;  1873-4,  621.] 
Sites  for  beacons,  etc. 

Section  1.  Whenever  the  United  States  desire 
to  acquire  title  to  land  belonging  to  the  state, 
and  covered  by  the  navigable  waters  of 
the  United  States,  within  the  limits  thereof, 
for  the  site  of  lighthouse,  beacon,  or  other 
aid  to  navigation,  and  application  is  made 
by  a  duly  authorized  agent  of  the  United  States, 
describing  the  site  required  for  one  of  the  pur- 
poses aforesaid,  then  the  governor  of  the  state  is 
authorized  and  empowered  to  convey  the  title  to 
the  United  States,  and  to  cede  to  the  said  United 


Liquor— Los  Angeles  County.  563 

States  jurisdiction  over  the  same;  provided,  no 
single  tract  shall  contain  more  than  ten  acres,  and 
that  the  state  shall  retain  concurrent  jurisdiction 
so  far  that  all  process,  civil  or  criminal,  issuing 
under  the  authority  of  the  state,  may  be  executed 
by  the  proper  officers  thereof,  upon  any  person 
or  persons  amenable  to  the  same,  within  the  limits 
of  land  so  ceded,  in  like  manner  and  to  like  effect 
as  if  this  act  had  never  been  passed. 
Sec.  2.    This  act  shall  take  effect  immediately. 


TITLE  162. 

LIQUOR. 

In  addition  to  the  provisions  of  the  Penal  Code 
in  relation  to  the  sale  of  liquors,  sees.  299-307,  sev- 
eral statutes  are  in  force. 

A  reference  to  these  acts  is  contained  in  Deer- 
ing's  Annotated  Penal  Code,  p.  616. 

TITLE  163. 

LODGING  HOUSES. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Lodging  Houses,  p.  801;  Penal  Code,  Appendix,  ti- 
tle. Lodging  Houses,  p.  583. 

TITLE  164. 
LOGS. 

An  act  to  establish  a  scale  for  the  measurement  of 

logs. 

[Approved  March  28,  1878;  1877-8,  604.] 

TITLE  165. 

LOS  ANGELES  COUNTY. 

A  reference  to  local  acts  affecting  Los  Angeles 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  p.  620,  et  seq. 


564  Lot>t  Warrants. 

TITLE  1G6. 
LOST  WARRANTS. 

An  act  to  provide  for  the  payment  of  the  controller 
of  state's  warrants  which  have  been  lost  or  de- 
stroyed previous  to  payment     by  the     state 
treasurer. 
[Approved  March  31,   1891;  Stats.  1891,  p.  294.] 

Section  1.  Whenever  any  warrant  legally  drawn 
by  the  controller  of  state  shall  have  been  lost 
or  destroyed  before  the  same  has  been  paid 
by  the  state  treasurer,  the  amount  due  thereon 
may  be  recovered  by  the  legal  owner  or  custodian 
thereof,  by  filing  with  the  controller  of  state,— 

First.  An  affidavit  setting  forth  tne  fact  of  the 
loss  or  destruction  of  such  state  warrant,  giving 
the  number,  date,  amount,  and  name  of  the 
payee,  together  with  all  material  facts  relative  to 
the  loss  or  destruction  of  the  same. 

Second.  A  Dond  of  indemnity,  with  two  good 
and  sufficient  sureties,  in  double  the  amount  of 
the  face  of  the  particular  warrant,  which  bond 
shall  be  referred  to  the  attorney  general  and  con- 
troller of  state  for  approval  or  rejection. 

Sec.  2,  It  shall  be  the  duty  of  the  attorney  gen- 
eral and  of  the  controller  of  state  to  examine  and 
pass  upon  the  sufficiency  of  the  said  bond,  and 
to  approve  or  reject  the  same,  within  thirty  days 
after  it  shall  have  been  filed  with  the  controller 
of  state. 

Sec.  3.  After  the  filing  of  the  approved  bond, 
the  controller  of  state  is  hereby  authorized  and  di- 
rected to  issue  and  deliver  to  the  legal  owner  or 
claimant,  on  demand,  a  duplicate  warrant  for  the 
full  amount  of  the  original  warrant,  and  the  treas- 
urer of  state  is  hereby  authorized  and  directed  to 
pay  the  duplicate,  in  lieu  of  the  original  warrant. 

Sec.  4.  The  controller  and  treasurer  shall  each 
make  the  proper  entries  on  their  books,  showing 
such  warrants  to  have  been  lost  or  destroyed,  and 
the  issuance  of  duplicate  warrants  in  lieu  thereof 


Lumber  Manufacturers— Maps.  56r> 

TITLE  167. 

LUMBER  MANUFACTURERS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle, Lumber  Manufacturers,  p.  584. 


TITLE  168. 

MADERA  COUNTY. 

An  act  to  create  the  county  of  Madera,  to  define 
the  boundaries  thereof,  to  determine  the  coun- 
ty seat,  and  to  provide  for  its  organization  and 
election  of  officers,  and  to  classify  said  county. 
[Approved  March  11,  1893;  Stats.  1893,  p.  168.] 
Consult  the  statutes  of  1898  for  the  act. 


TITLE  169. 

MANUFACTURED  GOODS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  title, 
Manufactured  Goods,  p.  585. 


TITLE  170. 

MAPS. 

An  act  requiring  the  recording  of  maps  of  cities, 
towns,  addiiions  to  cities  or  towns,  or  subdi- 
visions of  lands  into  small  lots  or  tracts  for 
the  purposes  of  sale,  and  providing  a  penalty 
for  the  selling  or  offering  for  sale  any  lots  or 
tracts  in  cities,  towns,     additions     to     cities, 
towns,   subdivsions,   or  additions  thereto,   be- 
fore such  maps  are  filed  and  recorded. 
[Approved  March  9,  1893;  Stats.  1893,  p.  96.] 
Section  1.    Whenever  any  city,  town,  or  subdi- 
vision of  land  into  lots,  or  any  addition  to  any  city, 
town,  or  such  subdivision,  shall  be  laid  out  into 
lots  for  the  purposes  of  sale,  the  proprietor  or  pro- 
Gen.  Laws — 48 


566  Marin   Countj^— Mariposa   County. 

prietors  thereof  shall  cause  to  be  made  out  an  ac- 
curate map  or  plat  thereof,  particularly  setting 
forth  and  describing,— 

First.  All  the  parcels  of  ground  within  such 
city,  town,  addition,  or  subdivision  reserved  for 
public  purposes,  by  their  boundaries,  courses,  and 
extent,  whether  they  be  intended  for  avenues, 
streets,  lanes,  alleys,  courts,  commons,  or  other 
public  uses;  and. 

Second.  All  lots  intended  for  sale,  either  by 
number  or  letter,  and  their  precise  length  and 
width. 

Sec.  2.  Such  map  or  plat  shall  be  acknowledged 
by  the  proprietor,  or  if  any  incorporated  compa- 
ny»  by  the  chief  officer  thereof,  before  some  officer 
authorized  by  law  to  take  the  acknowledgment  of 
conveyances  of  real  estate. 

Sec.  3.  The  map  or  plat  so  made,  acknowl- 
edged, and  certified  shall  be  filed  in  the  office  of 
the  county  recorder  of  the  county  in  which  the 
city,  town,  addition,  or  subdivision  is  situated. 

Sec.  4.  Every  person  who  sells  or  offers  for  sale 
any  lot  within  any  city,  town,  subdivision,  or  ad- 
dition, before  the  map  or  plat  thereof  is  made  out, 
acknowledged,  filed,  as  herein  provided,  is  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twen- 
ty-five dollars  and  not  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  both  such  fine  and  impris- 
onment. 


TITLE  171. 

MARIN  COUNTY. 

A  reference  to  local  acts  affecting  Marin  county 
is  contained  in  Deering's  Annotated  Penal  Code, 
p.  622,  et  seq. 


TITLE  172. 

M/SRIPOSA  COUNTY. 

A  reference  to  the  local  acts  relating  to  Mari- 
posa county  is  contained  in  Deering's  Annotated 
Penal  Code,  n.  624. 


Marks  and  Brands— Mechanics'  Institute.  567 

TITLE  173. 

MAKKS  AND  BRANDS. 

The  general  law  in  force  in  relation  to  marks  and 
brands  will  be  found  in  the  Political  Code,  sec. 
3167  et  seq.  As  to  one  county,  however,  there  is 
a  special  and  local  law,  continued  in  force  by  the 
Political  Code,  sec.  19,  subd.  11,  which  may  be  re- 
ferred to  in  this  place,  as  follows:  An  act  con- 
cerning marks  and  brands  in  the  county  of  Siski- 
you, approved  March  20,  1866;  1865-6,  332. 


TITLE  174. 
MARSHALL  MONUMENT. 

An  act  to  provide  for  the  appointment  of  a  guar- 
dian for  the  Marshall  monument  and  grounds, 
prescribing     his     duties,     and     appropriating 
money  therefor. 
[Approved  March  31,  1891;  Stats.  1891,  p.  424.] 


TITLE  175. 

MASTER  AND  SERVANT. 

Act  to  protect  wages,  salaries,  and  fees:  Penal 
Code,  Appendix,  title,  Master  and  Servant,  p.  586. 


TITLE  176. 

MECHANICS'  INSTITUTE. 

iicis  relating  to:  See  Civil  Code,  Appendix,  title, 
Mechanics'    Institute,  p.  737. 


h(58  Medicine. 

TITLE  177. 

MEDICINE. 

An  act  to  regulate  the  practice  of  medicine  in  the 

state  of  California. 
[Approved  April  3,  1876;  1875-6,  792.     See  supple- 
mental act,  post.] 
Persons  practicing  medicine  and  surgery  to  pre- 
sent diploma  to  board. 

Section  1.  Every  person  in  this  state  practicing 
medicine  or  surgery,  in  any  of  its  departments, 
shall  possess  tJie  qualifications  required  by  this 
act.  Every  such  person  shall  present  his  di- 
ploma to  one  of  the  boards  of  examiners  herein 
named,  together  with  the  aflidavit  mentioned  in 
section  three  (3)  of  this  act.  If  the  board  shall 
find  all  the  facts  required  to  be  stated  in  said 
affidavit  to  be  true,  the  board  of  examiners  shall 
issue  its  certificate  to  that  effect,  signed  by  all 
the  members  thereof,  and  sealed  with  the  seal  of 
the  board,  and  such  certificate  shall  be  conclusive 
as  to  the  right  of  the  person  named  therein  to 
practice  medicine  and  surgery  in  any  part  of  this 
state.  [Amendment  became  a  law  and  took  ef- 
fect April  1,  1878;  1877-8,  918.] 
Board  of  examiners  appointed  by  what. 

Sec.  2.  The  Medical  Society  of  the  State  of  Cal- 
ifornia, the  Eclectic  Medical  Society  of  the  State 
of  California,  and  the  California  State  Homeo- 
pathic Medical  Society,  corporations  organized  and 
existing  under  and  by  virtue  of  the  laws  of  this 
state,  and  no  other  corporation,  society,  persons, 
or  person,  shall  appoint  annually  a  board  of  ex- 
aminers, consisting  of  seven  members,  who  shall 
hold  their  office  for  one  year  and  until  their  suc- 
cessors shall  be  chosen.  The  examiners  so  ap- 
pointed shall  go  before  a  district  or  county  judge 
and  make  oath  that  they  are  regular  graduates, 
and  that  they  will  faithfully  perform  the  duties  of 
their  office.  Vacancies  occurring  in  a  board  of  ex- 
aminers shall  be  filled  by  the  society  appointing  it, 
by  the  selection  of  alternates,  or  otherwise.  The 
board  of  examiners  now  organized,  or  existing  un- 


Medicine.  569 

der  and  by  virtue  of  their  appointments  by  the 
aforesaid  societies,  shall  continue  to  act  as  such 
boards  until  their  successors  are  appointed  at  the 
next  annual  election.  [Amendment  became  a  law 
and  took  effect  April  1,  1878;  1877-8,  918.] 
Powers  and  duties  of  examiners. 

Sec.  3.  The  board  of  examiners  shall  organize 
within  three  months  after  the  passage  of  this  act. 
They  shall  procure  a  seal,  and  shall  receive, 
through  their  secretary,  applications  for  certif- 
icates and  examinations.  The  president  of  each 
board  shall  have  authority  to  administer  oaths, 
and  the  board  take  testimony  in  all  meetings  relat- 
ing to  their  duties.  They  shall  issue  certificates 
to  all  who  furnish  satisfactory  proof  of  having  re- 
ceived diplomas  or  licenses  from  legally  chartered 
medical  institutions  in  good  standing.  They  shall 
prepare  tw^o  forms  of  certificates,  one  for  persons 
in  possession  of  diplomas  or  licenses,  the  other  for 
candidates  examined  by  the  board.  They  shall 
furnish  to  the  county  clerks  of  the  several  coun- 
ties a  list  of  all  persons  receiving  certificates.  In 
selecting  places  to  hold  their  meetings,  they  shall, 
as  far  as  is  reasonable,  accommodate  applicants 
residing  in  different  sections  of  the  state,  and  due 
notice  shall  be  published  of  all  their  meetings. 
Certificates  shall  be  signed  by  all  the  members  of 
the  board  granting  them,  and  shall  indicate  the 
medical  society  to^  which  the  examining  board  is 
attached. 
Board  to  examine  diplomas. 

Sec.  4.  Said  board  of  examiners  shall  examine 
diplomas  as  to  their  genuineness,  and  if  the  diplo- 
ma shall  be  found  genuine,  as  represented,  the  sec- 
retary of  the  board  of  examiners  shall  receive  a 
fee  of  five  dollars  from  each  graduate  or  licentiate, 
and  no  further  charge  shall  be  made  to  the  appli- 
cant; but  if  it  be  found  to  be  fraudulent,  or  not 
lawfully  owned  by  the  possessor,  the  board  shall 
be  entitled  to  charge  and  collect  twenty  dollars  of 
the  applicant  presenting  such  diploma.  The  appli- 
cant shall  accompany  his  diploma  with  an  aflSi- 
davit  stating  that  he  is  the  lawful  possessor  of 
the  same,  that  he  is  the  person  therein  named, 
that  the  diploma  w^as  procured  in  the  regular 
course  of  medical  instruction,  and  without  fraud 


570  Medicine. 

or  inisrepresentation  of  any  kind,  and  that  the 
medical  institution  granting  the  diploma  had,  at 
the  time  ol  the  granting  the  same,  a  full  corps  of 
medical  instructors,  and  was  at  the  said  time  a 
legally  incorporated  institution,  actually  and  in 
good  faith  engaged  in  the  business  of  medical 
education,  and  in  good  standing  as  a  medical  in- 
stitution, and  that  the  applicant  had  complied 
with  all  the  requirements  of  said  institution. 
Such  atfidavit  may  be  talien  before  any  person  au- 
thorized to  administer  oaths,  and  the  same  shall 
be  attested  under  the  hand  and  official  seal  of 
such  officer,  if  he  have  a  seal.  In  addition  to  such 
atfidavit,  the  board  of  examiners  may  hear  such 
further  testimony  as  in  their  discretion  they  may 
deem  proper  to  hear,  as  to  the  verification  of  any 
such  diploma,  or  as  to  the  identity  of  the  person 
named  therein,  or  as  to  the  manner  in  which  any 
such  diploma  was  procured,  and  if  it  should  ap- 
pear from  sucli  testimony  that  any  fact  stated  in 
said  affidavit  is  untrue,  the  application  of  such 
person  for  a  certificate  shall  be  rejected.  None  of 
said  boards  shall  entertain  an  application  which 
has  been  rejected  by  another  of  said  boards,  nor 
shall  any  rejected  application  be  renewed  until  at 
least  one  year  after  the  action  of  the  board  re- 
jecting the  same.  [Amendment  became  a  law  and 
took  effect  April  1,  1878;  1877-8,  918.] 
Examination  of  applicants. 

Sec.  5.  All  examinations  of  persons  not  grad- 
uates or  licentiates  shall  be  made  directly  by  the 
board,  and  the  certificates  given  by  the  boards 
shall  authorize  the  possessor  to  practice  medicine 
and  surgery  in  the  state  of  California;  but  no  ex- 
amination into  the  qualifications  of  persons  not 
holding  diplomas  or  licenses  shall  be  made  after 
the  thirty-first  day  of  December,  eighteen  hundred 
and  seventy-six.  After  that  date  no  certificates 
shall  be  granted  by  them,  except  to  persons  pre- 
senting diplomas  or  licenses  from  legally  charter- 
ed medical  institutions  in  good  standing. 
Certificates  to  be  recorded. 

Sec.  (3.  Every  person  holding  a  certificate  from 
a  board  of  examiners  shall  have  it  recorded  in  the 
oflace  of  the  clerk  of  the  county  in  which  he  re- 
sides, and  the  record  shall  be  indorsed  thereon. 


Medicine.  571 

Any  person  removing  to  anotlier  county  to  prac- 
tice sliall  procure  an  indorsement  to  that  effect 
on  tlie  certificate  from  tlie  county  clerk,  and  sliall 
record  the  certificate  in  like  manner  in  the  county 
to  which  he  removes,  and  the  holder  of  the  cer- 
tificate shall  pay  to  the  county  clerk  the  usual 
fees  for  making  the  record. 
Clerk  to  keep  register. 

Sec.  7.  The  county  clerk  shall  keep,  in  a  book 
provided  for  the  purpose,  a  complete  list  of  the 
certificates  recorded  by  him,  with  the  date  of  is- 
sue and  the  name  of  the  medical  society  repre- 
sented by  the  board  of  examiners  issuing  them.  If 
the  certificate  be  based  on  a  diploma  or  license,  he 
shall  record  the  name  of  the  medical  institution 
conferring  it,  and  the  date  when  conferred.  The 
register  of  the  county  clerk  shall  be  open  to  pub- 
lic inspection  during  business  hours. 
Fees  for  examination. 

Sec.  8.  Candidates  for  examination  shall  pay  a 
fee  of  five  dollars  in  advance,  which  shall  be  re- 
turned to  them  if  a  certificate  be  refused.  The 
fees  received  by  the  board  shall  be  paid  into  the 
treasury  of  the  medical  society  by  which  the 
board  shall  have  been  appointed,  and  the  expenses 
and  compensation  of  the  board  shall  be  subject  to 
arrangement  with  the  society. 
Examinations. 

Sec.  9.  Examinations  may  be  in  whole  or  in 
part  in  writing,  and  shall  be  of  an  elementary  and 
practical  character,  but  sufficiently  strict  to  test 
the  qualifications  of  the  candidate  as  a  practi- 
tioner. 
Refusal  of  certificates  for  unprofessional  conduct. 

Sec.  10.  The  board  of  examiners  must  refuse 
certificates  to  individuals  guilty  of  unprofessional 
conduct.  But  before  any  such  refusal,  the  ap- 
plicant must  be  cited  by  a  citation  signed  by  the 
secretary  of  the  board,  and  sealed  with  its  seal, 
to  appear  before  the  board  at  a  time  and  place 
certain  for  the  purpose  of  being  heard  as  to  such 
unprofessional  conduct.  Said  citation  shall  notify 
the  applicant  of  the  time  and  place  where  and 
when  the  matter  of  said  unprofessional  conduct 
shall  be  heard,  the  particular  unprofesional  con- 
duct with  which  the  applicant  is  charged,  and  that 


572  Medicine. 

the  applicant  shall  then  and  there  appear  in  pei- 
son,  and  attended  with  such  witnesses  to  testify 
on  his  behalf  as  he  may  desire,  or  default  will  be 
taken  against  him,  and  his  application  for  a  certif- 
icate refused.  The  attendance  of  witnesses  at 
such  hearing  shall  be  compelled  by  subpoenas  is- 
sued by  the  secretary  of  the  board  under  its  seal; 
and  said  secretary  shall  in  no  case  refuse  to  issue 
any  such  subpoena  on  a  fee  of  fifty  cents  being 
paid  to  him  for  each  subpoena.  Said  citations  and 
said  subpoenas  shall  be  served  in  accordance  with 
existing  provisions  of  law  as  to  the  service  of  ci- 
tations and  subpoenas  generally.  At  such  hear- 
ing witnesses  shall  be  examined  on  the  part  of  the 
board  and  on  the  part  of  the  applicant  as  to  the 
fact  of  the  applicant  having  been  guilty  of  the 
conduct  set  out  in  the  citation,  and  either  side  may 
examine  medical  experts  as  to  whether  such  con- 
duct is  unprofessional;  and  if  it  appear  to  the 
satisfaction  of  the  board  that  the  applicant  is  guil- 
tj'  of  said  unprofessional  conduct,  no  certificate 
shall  be  issued  to  him.  But  no  application  shall 
be  refused  on  the  ground  of  unprofessional  con- 
duct unless  the  applicant  has  been  guilty  of  unpro- 
fessional conduct  within  one  year  next  preceding 
his  application.  If  any  holder  of  a  certificate  be 
guilty  of  unprofessional  conduct,  his  certificate 
must  be  revoked  by  the  board  granting  it;  but  no 
such  revocation  shall  be  valid  without  said  holder 
being  cited  to  appear,  and  the  same  proceedings  be 
had  as  is  hereinbefore  provided  in  this  section  in 
the  case  of  refusal  to  grant  a  certificate.  When- 
ever a  certificate  is  revoked,  the  secretary  of  the 
board  revoking  the  same  shall  certify  the  fact,  un- 
der the  seal  of  the  board,  to  the  county  clerk  of  the 
county  in  which  the  person  whose  certificate  has 
been  revoked  is  at  the  time  of  said  revocation  prac- 
ticing his  profession,  .'ind  said  clerk  shall  there- 
upon write  on  the  margin,  or  across  the  face  of  his 
register  of  the  certificate  of  such  person,  the  fact 
of  such  revocation,  signing  his  name  thereto,  and 
shall  file  in  his  office  said  certificate  of  revoca- 
tion. Each  of  said  boards  may,  from  time  to  time, 
adopt  such  rules  as  may  be  necessary  to  the  order- 
ly conduct  of  all  proceedings  taken  and  had  be- 
fore it.  It  shall  bo  the  duty  of  tlie  secretary  of 
the  respective  boards  to  notify  the  secretary  of 
all  other  boards  provided  for  under  this  act  of  all 


Medicine.  573 

applicants  to  whom  licenses  may  liave  been  re- 
fused, together  with  the  reasons  of  such  refusal 
by  such  boards.     [Amendment  became  a  law  and 
took  effect  April  1,  1878;  1877-8,  919.] 
Practice  of  medicine  defined. 

Sec.  11.  Any  person  shall  be  regarded  as  prac- 
ticing medicine,  within  the  meaning  of  this  act, 
who  shall  profess  publicly  to  be  a  physician,  or 
who  shall  habitually  prescribe  for  the  sick,  or  who 
shall  append  to  his  name  the  letters  "M.  D.";  but 
nothing  herein  contained  shall  be  construed  to 
prohibit  gratuitous  services  in  cases  of  emergency. 
And  this  act,  and  the  act  to  which  this  act  is  sup- 
plemental and  amendatory,  shall  not  apply  to  law- 
fully commissioned  surgeons  of  the  United  States 
army  or  navy  practicing  their  profession  within 
the  limits  of  this  state.  [Amendment  became  a 
law  and  took  effect  April  1,  1878;  1877-8,  919.] 
License  imposed  on  certain  persons. 

Sec.  12.  Any  itinerant  vendor  who  shall  sell, 
or  offer  for  sale,  any  drug,  nostrum,  ointment,  or 
appliance  of  any  kind  intended  for  the  treatment 
of  disease  or  injury,  or  any  person  who  shall,  by 
writing  or  printing,  or  by  any  other  method,  pub- 
licly profess  to  cure  or  treat  disease,  injury,  or 
deformity  by  any  medicine,  drug,  or  drugs,  nos- 
trum, manipulation,  or  other  expedient,  shall  pay 
a  license  of  one  hundred  dollars  a  month.  Such 
license  shall  be  collected  as  other  licenses  are. 
[Amendment  became  a  law  and  took  effect  April 
1,  1878;  1877-8,  919.] 
Penalties  for  Violation. 

Sec.  1?>.  Any  person  practicing  medicine  or 
surgery  in  this  state  without  complying  with  the 
provisions  of  this  act  shall  be  punished  by  a  fine  of 
not  less  than  fifty  dollars  ($50)  nor  more  than  five 
hundred  dollars  ($500),  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  thirty 
days  nor  more  than  three  hundred  and  sixty-five 
days,  or  by  both  such  fine  and  imprisonment,  for 
each  and  every  offense.  And  any  person  filing,  or 
attempting  to  file,  as  his  own,  the  diploma  or  cer- 
tificate of  another,  or  a  forged  affidavit  of  iden- 
tification, shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  subject  to  such  fine  and  impris- 
onment as  are  made  and  provided  by  the  statutes 
of  this  state  for  the  crime  of  forgery. 


574  Medicine. 

Sec.  14.  This  act  shall  take  effect  from  and 
after  its  passage,  but  the  penalties  shall  not  be 
enforced  till  on  and  after  the  thirty-first  day  of 
December,  eighteen  hundred  and  seventy-six. 


An  act  supplemental  to  and  amendatory  of  an 
act  entitled  "An  act  to  regulate  the  practice  of 
medicine  in  the  state  of  California,"  approved 
April  3,  1876. 

[Became  a  lavr  and  took  effect  April  1,  1878;  1877- 
8,  918.] 

The  first  six  sections  consist  of  the  amendment 
to  sections  1,  2,  4,  10,  11,  and  12,  of  the  act 
named  in  the  title,  and  above  given.  The  follow- 
ing are  supplemental  sections: 

Misdemeanor. 

Sec.  7.  Any  person  practicing  medicine  or  sur- 
gery in  this  state  without  first  having  procured  a 
certificate  to  so  practice  from  one  of  the  boards  of 
examiners  appointed  by  one  of  the  societies  men- 
tioned in  section  two  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  subject  to 
the  penalties  provided  in  section  thirteen  of  the 
act  to  which  this  act  is  amendatory  and  supple- 
mental, but  no  person  who  holds  a  certificate 
from  one  of  such  boards  of  examiners,  or  who 
holds  a  certificate  heretofore  granted  by  the  board 
of  examiners  heretofore  existing  by  virtue  of  ap- 
pointment by  the  California  State  Medical  Society 
of  Homeopathic  Practitioners,  shall  be  compelled 
to  procure  a  new  certificate.  And  all  powers  and 
privileges  of  said  boards  of  examiners,  under  the 
act  to  which  this  act  is  supplemental  and  amend- 
atory, are  hereby  transferred  to  the  boards  of  ex- 
aminers created  by  this  act. 
Misdemeanor. 

Sec.  8.  Any  person  assuming  to  act  as  a  mem- 
ber of  a  board  of  examiners,  under  this  act  or  un- 
der the  act  to  which  this  act  is  supplemental  and 
amendatory,  or  who  shall  sign,  or  subscribe,  or  is- 
sue, or  cause  to  be  issued,  or  seal,  or  caused  to  be 
sealed,  a  certificate  authorizing  any  person  to 
practice  medicine  or  surgery  in  this  state,  except 
the  person  so  acting  and  doing  be  appointed  by 


Medicine.  575 

one  of  the  secieties  mentioned  in  section  two  of 
tills  act,  or  be  authorized  so  to  do  by  a  board  of 
examiners  appointed  by  one  of  said  societies,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  period  of 
not  less  than  thirty  nor  more  than  three  hundred 
and  sixty-five  days,  or  by  both  such  fine  and  im- 
prisonment. 
Certain  certificates  made  null. 

Sec.  9.  Should  either  of  the  said  boards  issue 
a  certificate  to  any  person  whose  application  for 
a  certificate  has  been  previously  rejected  by  an- 
other of  the  said  boards  within  one  year  after  the 
rejection  of  said  application,  then  in  such  case  the 
certificate  issued  as  aforesaid  to  said  rejected  ap- 
plicant shall  be  null  and  void  and  of  no  effect. 
Examination  of  applicants  to  practice  medicine. 

Sec.  10.  If  any  person  not  a  graduate  or  licen- 
tiate of  medicine  has  been  unable  to  present  him- 
self for  examination  to  any  of  said  boards,  as  pro- 
vided in  section  one  of  this  act,  then  and  in  such 
case  it  shall  be  lawful  for  either  of  said  boards, 
on  good  cause  shown  why  said  person  was  unable 
so  as  to  present  himself  for  examination,  to  ex- 
amine such  person  touching  his  qualifications  to 
practice  medicine  or  surgery,  and  if  said  examina- 
tion shall  be  satisfactory  to  the  board,  it  shall 
thereupon  issue  its  certificate  in  accordance  with 
the  facts,  and  the  lawful  holder  thereof  shall  be 
entitled  to  all  the  rights  and  privileges  of  grad- 
uates or  licentiates  to  whom  certificates  have  been 
issued  under  this  act  and  the  act  to  which  this 
act  is  amendatory  and  supplementary,  but  no  such 
examination  shall  be  had  after  the  expiration  of 
sixty  days  from  the  time  this  act  shall  take  effect. 

Sec.  11.  This  act  shall  be  in  effect  from  and  af- 
ter its  passage. 

Pharmacy.— An  act  to  regulate  the  practice  of 
pharmacy  in  the  city  and  county  of  San  Fran- 
cisco, approved  March  28,  1872:  1871-2,  681; 
amended  March  31,  1876;  1875-6,  583;  was  still 
further  amended  by  act  of  March  30,  1878;  1877-8, 
838.  By  Stats.  1883,  93,  the  act  of  February  3, 
1876,  amending  the  pharmacy  act  of  1872,  was  re- 
pealed. 


576         Mendocino  County —Mexican  War. 


An  act  to  regulate  medical    practice    to    prevent 
blindness  in  infants. 

[Stat,  approved     February  17,  1897;     Stats.  1897, 
chap,  xiv.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Should  one  or  both  eyes  of  an  infant 
become  reddened  or  inflamed  at  any  time  within 
two  weeks  after  birth,  it  shall  be  the  duty  of  the 
midwife,  nurse,  or  person  having  charge  of  said 
infant,  to  report  the  condition  of  the  eyes  at  once 
to  some  legally  qualified  practitioner  of  medicine 
of  the  city,  town,  or  district  in  which  the  parents 
of  the  infant  reside. 

Sec.  2.  Any  failure  to  comply  with  the  provis- 
ions  of  this  act  shall  be  punishable  by  a  fine  not 
to  exceed  one  hundred  dollars,  or  imprisonment 
not  to  exceed  six  months,  or  both. 

Sec.  3.  This  act  shall  tsike  effect  from  and  after 
its  passage. 


TITLE  178. 

MENDOCINO    COUNTY. 

A  reference  to  the  local  acts  relating  to  Mendo- 
cino county  is  contained  in  Deering's  Annotated 
Code,  p.  630,  et  seq. 


TITLE  179. 

MERCED    COUNTY. 

A  reference  to  local  acts  affecting  Merced  county 
is  contained  in  Deering's  Annotated  Penal  Code, 
p.  632. 


MEXICAN     WAR. 

See  Veterans'  Home  Association. 


Military  Academy.  577 

TITLE  180. 

MILITARY  ACADEMY. 

An  act  to  furnish  arms  for  the  use  of  military 
academies  in  the  state. 

[Approved  February  20,  1872;  1871-2,  121.] 

Military  academies— Majors. 

Section  1.  That  when  a  military  academy  has 
been  established  within  the  state,  having  not  less 
than  eighty  boys,  uniformed,  drilled,  and  instruct- 
ed in  strict  accordance  with  the  tactics  of  the  reg- 
ular United  States  army  service,  and  all  its 
course  of  education  and  economy  conducted  upon 
strict  military  principles,  the  military  instructor 
of  such  academy,  when  regularly  elected  by  the 
board  of  trustees  or  other  lawful  authority  of  the 
academy,  be  commissioned  in  the  national  guard 
of  California,  with  the  rank  of  major. 
Bond  and  issue  of  arms,  etc. 

Sec.  2.  That  upon  giving  bond,  with  good  se- 
curity, to  be  approved  by  the  county  judge  of  the 
county  where  the  academy  is  situated,  conditioned 
for  the  safe-lieeping  against  fire,  loss,  and  against 
all  damages,  in  twice  the  value,  that  arms  and 
accouterments,  the  property  of  the  state,  be  is- 
sued for  the  use  of  such  military  academy. 
Requisition. 

Sec.  3.  The  adjutant  general  of  the  state  is 
hereby  authorized  to  issue  such  arms  and  accou- 
terments as  may  be  needed  by  the  said  military 
academies,  without  a  monthly  allowance,  in  tne 
same  manner  as  arms  and  accouterments  are  is- 
sued to  regular  organized  companies  of  the  na- 
tional guard  of  California,  upon  requisition  made 
for  this  purpose,  approved  by  the  commander-in- 
chief. 

Sec.  4.    This  act  shall  take  effect  immediately. 
Gen.  Laws^ — 49 


578      Mineral    Cabinet— Mineralogist,    State. 
TITLE  181. 

MINERAL  CABINET. 

Consult  the  following  acts: 

An  act  to  provide  for  the  establishment  of  a  cabi- 
net department  in  the  state  library. 
[Approved  April  1,  1872;  1871-2,  824.] 


An  act  making  an  appropriation  for  the  manage- 
ment and  protection  of  the  state  mineral  cabi- 
net under  direction  of  the  trustees  thereof. 
[Approved  March  11,  1889;  1889,  131.] 

An  act  to  provide  for  the  removal  of  the  mineral 
cabinet  from  the  state  library. 

[Approved  March  9,  1887;  1887,  74.] 

Act  provided  for  appointment  by  governor  of 
three  trustees  to  select  place  in  the  Crocker  art 
gallery  for  the  mineral  cabinet. 


TITLE  182. 

MINERALOGIST,  STATE. 

Consult  the  following  acts: 

An  act  making  an  appropriation  for  editing  the 
manuscript  of  the  state  mineralogist  for  the 
two  years  ending  September  15,  1892. 
[Approved  March  11,  1893;  Stats.  1893,  p.  133.] 

An  act  establishing  a  state  mining  bureau  and 
providing  for  appointment  of  state  mineralogist 
and  repealing  prior  acts. 

[Approved  March  23,  1893;   Stats.  1893,  p.  203.] 

The  repealed  acts  are  contained  in  the  statutes 
of  1880,  p.  115,  and  1885,  p.  217,  respectively. 


Mines  and  Mining.  579 

TITLE  183. 
MINES  AND  MINING. 

For  other  acts  relating  to  mining,  see  Civil 
Oode,  Appendix,  p.  802,  et  seq. 

A  very  important  act  relating  to  mining  partner- 
jships  is  contained  in  the  Statutes  of  1865-6,  p. 
828.  It  has  not  been  in  terms  repealed.  As  this 
subject  is  treated  of  in  the  Civil  Code,  section 
2511,  et  seq.,  and  as  this  act  was  included  in  the 
list  of  acts  intended  to  be  repealed  by  the  code 
commissioners  (Index  to  Laws  of  Cal.,  p.  711),  it 
is  probably  not  in  force. 


An  act  for  the  protection  of  miners. 
[Approved  March  13,  1872;   1871-2,  413.] 

Protection  of  miners. 

Section  1.  It  shall  not  be  lawful  for  any  cor- 
poration, association,  owner,  or  owners  of  any 
quartz-mining  claims  within  the  state  of  Califor- 
nia, where  such  corporation,  association,  owner, 
or  owners  employ  twelve  men  daily,  to  sink  down 
into  such  mine  or  mines  any  perpendicular  shaft 
or  incline  beyond  a  depth  from  the  surface  of 
three  hundred  feet  without  providing  a  second 
mode  of  egress  from  such  mine,  by  shaft  or  tun- 
nel, to  connect  with  the  main  shaft  at  a  depth  of 
not  less  than  one  hundred  feet  from  the  surface. 
Modes  of  escape. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation, 
association,  owner,  or  owners  of  any  quartz  mine 
or  mines  in  this  state,  where  it  becomes  necessary 
to  work  such  mines  beyond  the  depth  of  three  hun- 
dred feet,  and  where  the  number  of  men  employed 
therein  daily  shall  be  twelve  or  more,  to  proceed 
to  sink  another  shaft  or  construct  a  tunnel  so  as 
to  connect  with  the  main  working-shaft  of  such 
mine  as  a  mode  of  escape  from  underground  acci- 
dent, or  otherwise.  And  all  corporations,  asso- 
ciations, owner,  or  owners  of  mines  as  aforesaid, 


580  Mines  and  Mining. 

^YOl•king  at  a  greater  depth  than    three    hundred 
feet,  not  having  any  other  mode  of  egress  than 
from  tlie  main  shaft,  shall  proceed  as  herein  pro- 
vided. 
Liabilities, 

Sec.  3.  When  any  corporation,  association, 
OA^ner,  or  owners  of  any  quartz  mine  in  this  state 
shall  fail  to  provide  for  the  proper  egress  as  here- 
in contemplated,  and  where  any  accident  shall  oc- 
cur, or  any  miner  working  therein  shall  be  hurt 
or  injured,  and  from  such  injury  might  have  es- 
caped if  the  second  mode  of  egress  had  existed, 
such  corporation,  association,  owner  or  owners 
of  the  mine  where  the  injuries  shall  have  occurred 
shall  be  liable  to  the  person  injured  in  all  dam- 
ages that  may  accrue  by  reason  thereof;  and  an 
action  at  law  in  a  court  of  competent  jurisdiction 
may  be  maintained  against  the  owner  or  owners 
of  such  mine,  which  owners  shall  be  jointly  or 
severally  liable  for  such  damages.  And  where 
death  shall  ensue  from  injuries  received  from  any 
negligence  on  the  part  of  the  owners  thereof,  by 
reason  of  their  failure  to  comply  Avith  any  of  the 
provisions  of  this  act.  the  heirs  or  relatives  surviv- 
ing the  deceased  may  commence  an  action  for  the 
recovery  of  such  damages  as  provided  by  an  act  en- 
titled an  act  requiring  compensation  for  causing 
death  by  wrongful  act,  neglect,  or  default,  ap- 
proved April  twenty-sixth,  eighteen  hundred  and 
sixty-two. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
six  months  from  and  after  its  passage. 


An  act  for  the  protection  of  coal  mines  and  coal 
miners. 

[Approved  March  27,  1874;  1873-4,  720.] 
Map. 

Section  1.    The  owner  or  agent  of   every   coal 
mine  shall  make  or  cause  to  be  made  an  accurate 
map  or  plan  of  the  workings  of  such  coal  mine,  on 
a  scale  of  one  hundred  feet  to  the  inch. 
Copies. 

Sec.  2.    A  true  copy  of  which  map  or  plan  shall 
be  kept  at  the  office  of  the  owner  or  owners  of  the 


Mines  and  Mining.  581 

mine,  open  to  tlie  inspection  of  all  persons,  and 
one  copy  of  such  map  or  plan  shall  be  kept  at  the 
mines  by  the  agent  or  other  person  having  charge 
of  the  mines,  open  to  the  inspection  of  the  work- 
men. 
Shafts  or  outlets. 

Sec.  3.  The  owner  or  agent  of  every  coal  mine 
shall  provide  at  least  two  shafts,  or  slopes,  or  out- 
lets, separated  by  natural  strata  of  not  less  than 
one  hundred  and  fifty  feet  in  breadth,  by  which 
shafts,  slopes,  or  outlets  distinct  means  of  ingress 
and  egress  are  always  available  to  the  persons 
employed  in  the  coal  mine;  provided,  that  if  a  new 
tunnel,  slope,  or  shaft  will  be  required  for  the  ad- 
ditional opening,  work  upon  the  same  shall  com- 
mence immediately  after  the  passage  of  this  act, 
and  continue  until  its  final  completion,  with  rea- 
sonable dispatch. 
"Ventilation. 

Sec.  4.  The  owner  or  agent  of  every  coal  mine 
shall  provide  and  establish  for  every  such  mine  an 
adequate  amount  of  ventilation,  of  not  less  than 
fifty-five  cubic  feet  per  second  of  pure  air,  or 
thirty-three  hundred  feet  per  minute,  for  every 
fifty  men  at  work  in  such  mine,  and  as  much  more 
as  circumstances  may  require,  which  shall  be  cir- 
culated through  to  the  face  of  each  and  every 
working  place  throughout  the  entire  mine,  to  di- 
lute and  render  harmless  and  expel  therefrom  the 
noxious,  poisonous  gases,  to  such  an  extent  that 
the  entire  mine  shall  be  in  a  fit  state  for  men  to 
work  therein,  and  be  free  from  danger  to  the 
health  and  lives  of  the  men  by  reason  of  said  nox- 
ious and  poisonous  gases,  and  all  workings  shall 
be  kept  clear  of  standing  gas. 
Inside  overseer— Duties. 

Sec.  5.  To  secure  the  ventilation  of  every  coal 
mine,  and  provide  for  the  health  and  safety  of  the 
men  employed  therein,  otherwise  and  in  every  re- 
spect, the  owner,  or  agent,  as  the  case  may  be,  in 
charge  of  every  coal  mine,  shall  employ  a  compe- 
tent and  practical  inside  overseer,  who  shall  keep 
a  careful  watch  over  the  ventilating  apparatus, 
over  the  air  ways,  the  traveling  ways,  the  pumps 
and  sumps,  the  timbering,  to  see  as  the  miners  ad- 
vance in  their  excavations  that  all  loose  coal,  slate, 
or  rock  overhead  is  carefully  secured  against  fall- 


582  Mines  and  Mining. 

iug;  over  llie  arrangements  for  signaling  from  the 
bottom  to  tlie  top,  and  from  the  top  to  the  bottom 
of  the  shaft  or  slope,  and  all  things  connected 
with  and  appertaining  to  the  safety  of  the  men 
at  work  in  the  mine.  He,  or  his  assistants,  shall 
examine  carefully  the  workings  of  all  mines  gene- 
rating explosive  gases,  every  morning  before  the 
miners  enter,  and  shall  ascertain  that  the  mine 
is  free  from  danger,  and  the  workmen  shall  not 
enter  the  mine  until  such  examination  has  been 
made  and  reported,  and  the  cause  of  danger,  if 
any,  be  removed. 

Sec.  6.    The  overseer  shall  see  that  the  hoisting 
machinery  is  kept  constantly  in  repair  and  ready 
for  use,  to  hoist  the  workmen  in  or  out  of  the 
mine. 
Owner. 

Sec.  7.    The  word  "owner"  in  this  act  shall  ap- 
ply to  lessee  as  well. 
Right  of  action. 

Sec.  8.  For  any  injury  to  person  or  property  oc- 
casioned by  any  violation  of  this  act,  or  any  will- 
ful failure  to  comply  with  its  provisions,  a  right  of 
action  shall  accrue  to  the  party  injured  for  any  di- 
rect damages  he  or  she  may  have  sustained  there- 
by, before  any  court  of  competent  jurisdiction. 
Liability. 

Sec.  9.  For  any  willful  failure  or  negligence  on 
the  part  of  the  overseer  of  any  coal  mine,  he  shall 
be  liable  to  conviction  of  misdemeanor,  and  pun- 
ished according  to  law;  provided,  that  if  such  will- 
ful failure  or  negligence  is  the  cause  of  the  death 
of  any  person,  the  overseer,  upon  conviction,  shall 
be  deemed  guilty  of  manslaughter. 
Boilers. 

Sec.  10.  All  boilers  used  for  generating  steam 
in  and  about  coal  mines  shall  be  kept  in  good  or- 
der, and  the  owner  or  agent  thereof  shall  have 
them  examined  and  inspected,  by  a  competent 
boiler-maker,  as  often  as  once  in  three  months. 

Sec.  11.  This  act  shall  not  apply  to  opening  a 
new  coal  mine. 

Sec.  12.    This  act  shall  take  effect  immediately. 


Mines  and  Mining.  583 


An  act  to  provide  a  state  hospital  and  asylum  for 
miners. 

[Approved  March  14,  1881;  1881,  81.] 

Erection  of  state  hospital  for  miners. 

Section  1.  There  shall  be  erected,  as  soon  as 
conveniently  may  be,  upon  some  suitable  site,  to 
be  determined  and  obtained  as  is  hereinafter  pro- 
vided, a  public  hospital  and  asylum  for  the  recep- 
tion, care,  medical,  and  surgical  treatment,  and  re- 
lief of  the  sick,  injured,  disabled,  and  aged  miners, 
which  shall  be  linown  as  the  "California  State 
Miners'  Hospital  and  Asylum." 
Trustees  of,  how  appointed. 

Sec.  2.  The  governor  shall  nominate,  and  by 
and  with  the  advice  and  consent  of  the  senate  ap- 
point five  persons  to  serve  as  trustees  of  the  said 
institution,  who  shall  be  a  body  politic  and  cor- 
porate by  the  name  and  style  of  the  "Trustees  of 
the  California  State  Miners'  Hospital  Asylum," 
and  shall  manage  and  direct  the  concerns  of  the 
institution,  and  make  all  necessary  by-laws  and 
regulations,  and  shall  have  power  to  receive,  hold, 
dispose  of,  and  convey  all  real  and  personal  prop- 
erty conveyed  to  them  by  gift,  devise,  or  other- 
wise, for  the  use  of  said  institution,  and  shall 
serve  without  compensation.  Of  those  first  ap- 
pointed, two  shall  serve  for  two  years,  and  three 
for  four  years;  and  at  the  expiration  of  the  re- 
spective terms,  each  class  thereafter  shall  be  ap- 
pointed for  four  years.  A  vacancy  in  said  board, 
from  any  cause,  shall  be  filled  by  appointment  by 
the  governor  for  the  unexpired  term. 
Superintendent,  how  appointed. 

Sec.  3.  The  said  trustees  shall  have  charge  of 
the  general  interests  of  the  institution;  they  shall 
appoint  the  superintendent,  who  shall  be  a  skill- 
ful physician  and  surgeon,  subject  to  removal  or 
re-election  no  oftener  than  in  periods  of  ten  years, 
except  by  infidelity  to  the  trust  reposed  in  him, 
or  for  incompetency. 
By-laws. 

Sec.  4.  The  trustees,  by  and  with  the  consent 
of  the  governor,  shall  make  sucli  by-laws  and 
regulations  for  the  government  of  the  institution 


584  Mines  and  Mining. 

as  shall  be  necessary;  they  shall  appoint  a  treas- 
urer, who  shall  give  bonds  to  the  people  of  the 
state  of  California  for  the  faithful  discharge  of  his 
duties;  and  they  shall  fix  the  compensation  of  all 
officers,  assistants,  and  attaches,  who  may  be  nec- 
essary for  the  just  and  economical  administration 
of  the  affairs  of  said  institution. 
Charges  for  medical  attendance. 

Sec.  5.  Indigent  miners  shall  be  charged  for 
medical  attendance,  surgical  operations,  board 
and  nursing  while  residents  in  the  hospital  and 
asylum,  no  more  tliau  the  actual  cost;  paying  pa- 
tients, whose  friends  can  pay  their  expenses,  and 
who  are  not  chargeable  upon  townships  and  coun 
ties,  shall  pay  according  to  the  terms  directed  by 
the  trustees. 
Powers  of  boards  of  supervisors. 

Sec.  6.  The  several  boards  of  supervisors  of 
counties,  or  any  constituted  authority  in  the  state 
having  care  and  charge  of  any  indigent  sicli,  or 
aged  person  or  persons,  if  satisfactorily  proven  by 
them  to  have  been  miners,  shall  have  authority  to 
send  to  the  California  State  Miners'  Hospital  and 
Asylum  such  persons,  and  they  shall  be  severally 
chargeable  with  the  expenses  of  the  care,  mainte- 
nance, and  treatment,  and  removal  to  and  from 
the  hospital  and  asylum  of  such  patients. 
Trustees  to  report. 

Sec.  7.  The  trustees  shall  annually,  at  such 
time  as  the  governor  may  designate,  report  to  him, 
for  transmission  to  the  legislature,  such  a  state- 
ment as  he  may  require  as  to  the  management  o 
the  said  hospital  and  asylum. 

Sec.  8.    This  act  shall  take  effect  immediately. 


An  act  to  establish  a  uniform  system  of  mine  bell 
signals,  to  be  used  in  all  mines  operated  in  the 
state  of  California,  and  for  the  protection  of 
miners. 

[Approved  March  8,  1893;  Stats.  1893,  p.  82.] 

Section  1.  Every  person,  company,  corporation, 
or  individual  operating  any  mine  within  the  state 
of  California— gold,   silver,  copper,   lead,   coal,  or 


Mines  and  Mining.  585 

any  other  metal  or  substance  where  it  is  neces- 
sary to  use  signals  by  means  of  bell  or  otherwise 
for  shafts,  inclines,  drifts,  crosscuts,  tunnels,  and 
underground  workings— shall,  after  the  passage  of 
this  bill,  adopt,  use,  and  put  in  force  the  follow- 
ing system  or  code  of  mine  bell  signals,  as  follows: 
1  bell,  to  hoist.    (See  Rule  2.) 

1  bell,  to  stop  if  in  motion. 

2  bells  to  lower.    (See  Rule  2.) 

3  bells,  man  to  be  hoisted;  run  slow.  (See  Rule 
2.) 

4  bells,  start  pump,  if  not  running,  or  stop  pump 
if  running. 

1—3  bells,  start  or  stop  air  compressor. 

5  bells,  send  down  tools.    (See  Rule  4.) 

6  bells,  send  down  timbers.    (See  Rule  4.) 

7  bells,  accident;  move  bucket  or  cage  by  verbal 
orders  only. 

1 — i  bells,  foreman  wanted. 

2—1—1  bells,  done  hoisting  until  called. 

2—1—2  bells,  done  hoisting  for  the  day. 

2—2—2  bells,  change  buckets  from  ore  to  water, 
or  vice  versa. 

3—2—1  bells,  ready  to  shoot  in  the  shaft.  (See 
Rule  3.) 

Engineer's  signal,  that  he  is  ready  to  hoist,  is  to 
raise  the  bucket  or  cage  two  feet  and  lower  it 
again.     (See  Rule  3.) 

Levels  shall  be  designated  and  inserted  in  notice 
hereinafter  mentioned.     (See  Rule  5.) 

Sec.  2.  For  the  purpose  of  enforcing  and  prop- 
erly understanding  the  above  code  of  signals,  the 
following  rules  are  hereby  established: 

Rule  1.  In  giving  signals  make  strokes  on  bell 
at  regular  intervals.  The  bar  (— )  must  take  th' 
same  time  as  for  one  stroke  of  the  bell,  and  no 
more.  If  timber,  tools,  the  foreman,  bucket,  or 
cage,  are  wanted  to  stop  at  any  level  in  the  mine, 
signal  by  number  or  strokes  on  the  bell,  the  num- 
ber of  the  level  first  before  giving  the  signal  for 
timber,  tools,  etc.  Time  between  signals  to  be 
double  bars  ( ).    Examples: 

6 5,  would  mean  stop  at  sixth  level  with 

tools. 

4 1—1—1 1,  would  mean  stop  at  fourth 

level,  man  on,  hoist. 


o8'o  Mines  and  Mining. 

2 1—4,  would  mean  stop  at  second  level  with 

foreman. 

Rule  2.    No  person  must  get  off  or  on  the  bucke 
or  cage  while  the  same  is  in  motion.    When  men 
are  to  be  hoisted,  give  the  signal  for  men.     Mer 
must  then  get  on  bucket  or  cage,  then  give  the 
signal  to  hoist.    Bell  cord  must  be  in  reach  of  ma 
on  the  bucket  or  cage  at  stations. 

Kule  3.  After  signal  "Ready  to  shoot  in  shaft," 
engineer  must  give  his  signal  when  he  is  ready  to 
hoist.  Miners  must  then  give  the  signal  of  "Men 
to  be  hoisted,"  then  "spit  fuse,"  get  into  the  buck- 
et, and  give  the  signal  to  hoist. 

Rule  4.  All  timbers,  tools,  etc.,  "longer  than  the 
depth  of  the  bucket,"  to  be  hoisted  or  lowered, 
must  be  securely  lashed  at  the  upper  end  of  the 
cable.  Miners  must  know  they  will  ride  up  o 
down  the  shaft  without  catching  on  rocks  or  tim- 
bers, and  be  thrown  out. 

Rule  5.  The  foreman  will  see  that  one  printer 
sheet  of  these  signals  and  rules  for  each  level  and 
one  for  the  engine-room  are  attached  to  a  board 
not  less  than  twelve  inches  wide  by  thirty-six 
inches  long,  and  securely  fasten  the  board  up 
where  signals  can  be  easily  read  at  the  places 
above  stated. 

Rule  6.  The  above  signals  and  rules  must  be 
obeyed.  Any  violation  will  be  sufficient  grounds 
for  discharging  the  party  or  parties  so  doing.  No 
person,  company,  corporation,  or  individuals  oper- 
ating any  mine  within  the  state  of  California  shall 
be  responsible  for  accidents  that  may  happen  to 
men  disobeying  the  above  rules  and  signals.  Said 
notice  and  rules  shall  be  signed  by  the  person  or 
superintendent  having  charge  of  the  mine,  who 
shall  designate  the  name  of  the  corporation  or  the 
owner  of  the  mine. 

Sec.  3.  Any  person  or  company  failing  to  carry 
out  any  of  the  provisions  of  this  act  shall  be  re 
sponsible  for  all  damages  arising  to  or  incurred  by 
any  person  working  in  said  mine  during  the  time 
of  such  failure. 

Sec.  4.    This  act  shall  take  effect  immediately. 


Mines  and  Mining.  587 


An  act  to  provide  for  the  appointment,  duties,  and 
compensation  of  a  debris  commissioner,  and  to 
make  an  appropriation  to  be  expended  under 
his  airections  in  the  discharge  of  his  duties  as 
such  commissioner. 

[Approved  March  24,  1893;  Stats.  1893,  p.  339.] 

Section  1.  The  governor  of  the  state  of  California 
shall,  on  or  before  the  lirst  day  of  January,  one 
thousand  eight  hundred  and  ninety-eight,  appoint 
a  competent  civil  engineer  for  a  period  of  four 
years  only,  to  be  known  as  and  called  the  debris 
commissioner;  provided,  however,  that  the  debris 
commissioner  heretofore  appointed  under  the  ac 
entitled  "An  act  to  provide  for  the  appointment, 
duties  and  compensation  of  a  debris  commissioner, 
and  to  make  an  appropriation  to  be  expended  un 
der  his  directions  in  the  discharge  of  his  duties  as 
such  commissioner,"  approved  March  twenty- 
fourth,  eighteen  hundred  and  ninety-three,  shall 
continue  to  perform  the  auties,  and  receive  the 
compensation  of  that  office,  subject  to  the  provis- 
ions of  this  act,  until  the  expiration  of  the  term 
for  which  he  was  appointed  and  until  the  appoint- 
ment and  qualification  of  the  debris  commissioner 
provided  for  by  this  act.  [Amendment  approved 
March  17,  1897;  Stats.  1897,  chap,  cxiii.  In  effect 
immediately.] 

Sec.  2.  Said  commissioner  shall  receive  a  com 
pensation  of  ten  dollars  per  day  while  actually  en- 
gaged in  the  discharge  of  his  duties,  and  his  nec- 
essary traveling  expenses,  to  be  allowed  by  th( 
state  board  of  examiners.  [Amendment  approved 
March  17,  1897;  Stats.  1897,  chap,  cxiii.  In  efiCect 
immediately.] 

Sec.  3.  It  shall  be  the  duty  of  the  said  debris 
commissioner  to  consult  and  advise  with  the  mem- 
bers of  the  corps  of  engineers  of  the  United  States 
army  comprising  the  California  debris  commission 
(created  by  act  of  congress  approved  March  first, 
eighteen  hundred  and  ninety-three),  in  relation  to 
the  construction  of  works  for  the  resti*aining  and 
impounding  of  debris  resulting  from  mining  opera- 
tions, natural  erosion,  or  other     causes;     and  it 


588  Mines  and  Mining. 

shall  be  his  duty  to  examine  such  worlis,  and  to 
report  the  result  of  such  examination  to  the  state 
board  of  exumiuers.  Said  debris  commissioner  is 
further  authorized  and  directed  to  consult  and  ad- 
vise with  said  "California  Debris  Commission"  in 
relation  to  any  and  all  plans  and  specifications 
that  may  have  been,  or  may  hereafter  be  prepared 
or  adopted  by  said  "California  Debris  Commis- 
sion," for  the  construction  of  such  restraining 
or  impounding  works,  and  said  debris  commis- 
sioner shall  submit  a  copy  of  all  such  plans  and 
specifications  to  the  state  board  of  examiners  for 
their  examination  and  consideration,  together 
with  his  approval  or  disapproval  thereof,  or  other 
recommendation  with  reference  thereto. 

The  state  board  of  examiners  shall  thereupon 
proceed  to  examine  and  consider  the  plans  and 
specifications  thus  submitted  to  them,  and  in  that 
behalf  may  require  the  attendance,  counsel,  and 
advice  of  said  debris  commissioner,  during  their 
examination  and  consideration  thereof.  The  state 
board  of  examiners  shall  keep  a  record  of  their 
deliberations  and  shall  either  approve  or  disap- 
prove said  plans  and  specifications,  which  ap- 
proval or  disapproval  may  be  by  a  majority  vote 
of  said  board;  provided,  that  no  plans  and  speci- 
fications involving  an  expenditure  on  the  part  of 
the  state  of  California  of  a  sum  greater  than  the 
appropriation  herein  made  shall  be  approved. 

If  said  plans  and  specifications  be  approved  by 
the  state  board  of  examiners,  the  said  debris  com- 
missioner shall  thereupon  report  such  action  to  said 
"California  Debris  Commission." 

Whenever  said  "California  Debris  Commission" 
or  the  government  of  the  United  States  shall  have 
entered  into  any  contract  for  the  construction  of 
works  for  the  purposes  described  in  this  act,  ii 
pursuance  of  plans  and  specifications  that  have 
been  theretofore  approved  by  the  state  board  of 
examiners  as  in  this  act  provided,  it  shall  then  be 
the  duty  of  tlie  debris  commissioner  to  carefully 
inspect  such  works  during  the  process  of  tlieir  coi' 
struction  and  to  keep  a  record  of  the  result  of  such 
inspection  and  to  report  the  same  monthly  to  the 
state  board  of  examiners.  Said  debris  commis 
fcioner  shall  also  from  time  to  time,  during  the  pro 


Mines  and  Mining.  589 

cess  of  the  construction  of  such  works,  when  re- 
quested so  to  do  by  the  said  "California  Debris 
Commission/'  draw  his  warrants  upon  the  state 
controller  in  favor  of  such  person  or  persons  as 
may  be  designated  by  said  "California  Debris  Com- 
mission" for  such  amounts  as  shall  equal  one-half 
of  the  cost  of  the  construction  of  said  worlds;  and 
said  debris  commissioner  shall,  in  lilie  manner,, 
and  when  requested  so  to  do  by  said  "California 
Debris  Commission,"  draw  his  warrant  upon  the 
state  controller  for  an  amount  equal  to  one-half 
the  purchase  price  of  any  site  or  sites  necessary 
for  the  construction  of  said  works;  provided,  thi. 
the  purchase  of  such  site  or  sites  shall  have  been 
first  approved  by  the  state  board  of  examiners;, 
and  provided  further,  that  no  warrant  shall  be 
drawn  in  excess  of  the  amount  appropriated  b. 
this  act.  [Amendment  approved  March  17,  1897; 
Stats.  1897,  chap,  cxiii.    In  effect  immediately.] 

Sec.  4.  There  is  hereby  appropriated  out  of  the 
general  fund  of  the  treasury  of  this  state  no' 
otherwise  appropriated,  the  sum  of  two  hundred 
and  fifty  thousand  dollars,  to  be  used  in  the  con 
struction  of  works  for  the  restraining  .  and  im 
pounding  of  debris  resulting  from  mining  opera- 
tions, natural  erosion,  or  other  causes,  and  for  the 
purchase  of  sites  therefor.  The  appropriation 
made  by  this  section  is  intended  as  a  reappropria- 
tion  of  the  sum  of  two  hundred  and  fifty  thous- 
and dollars  appropriated  by  the  act  entitled  "Ai 
act  to  provide  for  the  appointment,  duties,  an(^ 
compensation  of  a  debris  commissioner,  and  to 
make  an  appropriation  to  be  expended  under  his 
directions  in  tlie  discharge  of  his  duties  as  such 
commissioner,"  approved  March  twenty-fourth^ 
eighteen  hundred  and  ninety-three,  and  it  is  ex- 
pressly intended  and  provided  by  this  act  that  the 
state  of  California  shall,  in  no  event,  incur  any 
liability  hereunder  beyond  the  amount  of  the  a] 
propriation  herein  made;  and  no  contractor,  claim- 
ant, or  person  shall  acquire  any  right  or  obligation 
against  the  state  of  California  beyond  said  sum  so 
appropriated  and  set  apart  for  the  purposes  herein- 
above set  forth  and  it  is  expressly  declared  that  any 
claim    or    demand    against    the    State     of    Califor- 


590  Mines  and  Mining. 

nia  in  excess  of  said  appropriation  sliall  be  invali 
and  void.  Said  moneys  sliall  be  paid  only  upon 
orders  drawn  by  the  state  controller  upon  the 
written  request  of  said  debris  commissioner,  as  in 
this  act  provided.  [Amendment  approved  March 
17,  1897;  Stats.  1897,  chap,  cxiii.  In  effect  imme- 
diately.] 

Sec.  5.  The  term  of  office  of  said  debris  com- 
missioner shall  be  four  years  from  the  date  of  hi^ 
appointment.  He  shall  take  the  same  oath  of 
ottice  as  is  provided  by  law  for  other  state  officers, 
and  before  entering  upon  the  discharge  of  his  du- 
ties shall  give  bond,  with  sufficient  sureties,  to  be 
approved  by  the  governor  of  the  state,  in  the  sum 
of  fifty  thousand  dollars,  for  the  faithful  dis- 
charge of  his  duties  as  such  officer. 

Sec.  6.  The  said  debris  commissioner  shall  have 
the  power  to  appoint  a  secretary,  at  a  monthl. 
salary  to  be  fixed  by  said  commissioner,  not  ex 
ceediug  one  hundred  and  twenty-five  dollars  per 
month,  said  secretaiy  to  hold  office  at  the  pleasure 
of  the  said  commissioner;  provided,  however,  that 
no  secretary  shall  be  appointed  until  said  debris 
commissioner  shall  enter  upon  the  actual  dis- 
charge of  his  duties. 

Sec.  7.  All  expenditures  authorized  by  the  pro 
visions  of  this  act  shall  be  subject  to  the  approval 
of  the  state  board  of  examiners;  and  the  state  con 
troller  is  hereby  authorized  to  draw  his  warrant 
for  all  expenditures  not  in  excess  of  the  appro- 
priation herein  provided  for  so  approved  by  the 
state  board  of  examiners,  and  the  state  treasurer 
is  hereby  directed  to  pay  the  same.  [Amendment 
approved  March  17,  1897;  Stats.  1897,  chap,  cxiii. 
In  effect  immediately.] 


Mine  s  and  Mining.  591 


An  act  to  repeal  an  act  entitled  "An  act  regulat- 
ing the  sale  of  mineral  lands  belonging  to  tne 
state,"  approved  March  28,  1874,  and  the  acts 
amendatory  thereof,  and  to  provide  for  the 
sale  of  mineral  lands  under  United  States 
laws. 

[Stat,  approved  April  1,  1897;  Stats.  1897,  chap, 
cclxx-l 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows. 

Section  1.  The  following  entitled  acts  of  the 
legislature  are  hereby  repealed,  to  wit: 

First— An  act  entitled  "An  act  regulating  the 
sale  of  mineral  lands  belonging  to  the  State, '  ap- 
proved March  twenty-eighth,  eighteen  hundred 
and  seventy-four. 

Second— An  act  entitled  "An  act  to  amend  an 
act  entitled  an  act  regulating  the  sale  of  mineral 
lands  belonging  to  the  State,  approved  March 
twenty-eighth,  eighteen  hundred  and  seventy- 
four,"  approved  February  third,  eighteen  hun- 
dred and  seventy-six. 

Third— An  act  entitled  "An  act  to  amend  an  act 
entitled  an  act  regulating  the  sale  of  mineral 
lands  belonging  to  the  state,  approved  Marcu 
twenty-eisrhth,  eighteen  hundred  and  seventy- 
four,"  approved  April  sixth,  eighteen  hundred  and 
eighty. 

Sec.  2.  When  it  shall  be  shown  by  affidavits  or 
otherwise,  to  the  satisfaction  of  the  surveyor  gen- 
eral, that  any  portion  of  a  sixteenth  or  thirty- 
sixth  section  belonging  to  the  state  is  valuable  for 
its  mineral  deposits,  the  surveyor  general  shall 
not  approve  any  application  to  purchase  the  same, 
nor  shall  the  register  of  the  state  land  office  issue 
a  certificate  of  purchase  therefor,  until  the  ques- 
tion of  the  cliaracter  of  the  land  has  been  referred 
for  determination  to  a  court  of  competent  juris- 
diction, in  the  manner  provided  by  section  thirty- 
four  hundred  and  fourteen  of  the  Political  Code, 
and  adjudged  not  to  be  valuable  as  mining  land. 

Sec.  3.  The  sixteenth  and  thirty-sixth  sections 
belonging  to  the  state,  in  which  there     may     be 


592  Mines  and  Mining. 

found  valuable  mineral  deposits,  are  hereby  de- 
clared to  be  free  and  open  to  exploration,  occupa- 
tion, and  purchase  of  the  United  i^i^tates,  under  the 
laws,  rules,  and  regulations  passed  and  prescribed 
by  the  United  States  for  the  sale  of  mineral 
lands. 

Sec.  4.    This  'act  shall  take  effect  from  and  af- 
ter its  passage. 


An  act  prescribing  the  i  anner  of  locating  min- 
ing claims  upon  the  public  domain  of  the 
United  States,  recording  notices  of  location 
thereof,  amending  defective  locations,  and 
providing  for  the  deposit  of  district  records 
with  county  recorders,  and  prescribing  the 
effect  to  be  given  to  recordation  of  notices  of 
location  and  affidavits. 

[Stat,  approved  March  27,  1897;  Stats.  1897,  chap, 
clix.l 

The  people  of  the  state  of  California,  represented' 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  The  location  of  mining  claims  upon 
the  public  domain  of  the  United  States  shall  be 
made  and  perfected  as  provided  in  this  act. 

Sec.  2.  The  discoverer  of  any  vein  or  lode  shall 
immediately,  upon  making  a  discovery,  erect  at 
the  point  of  discovery  a  substantial  monument  or 
mound  of  rocks,  and  post  thereon  a  preliminary 
notice  which  shall  contain: 

First— The  name  of  the  lode  or  claim: 

Second— The  name  of  the  locator  or  locators; 

Third— The  date  of  the  discovery 

Fourth— The  number  of  linear  feet  claimed  in 
length  along  the  course  of  tlie  vein  each  way 
from  the  point  of  discovery; 

Fifth— The  width  claimed  on  each  side  of  the 
<}enter  of  the  vein; 

Sixth — The  general  course  of  the  vein  or  lode, 
as  near  as  may  be: 

Seventh— That  such  notice  is  a  first  or  prelimi- 
nary notice. 

Such  notice  shall  bo  recorded  in  the  office  of  the 
•county  recorder  of  the  county  in  which  the  same 


Mines  and  Mining.  593 

is  posted  within  twenty  days  after  tlie  posting 
thereof.  Upon  the  erection  of  said  monument  and 
postini?  such  notice,  the  discoverer  shall  be  al- 
lowed the  period  of  time  specified  in  section  three 
of  this  act  to  enable  him  to  perfect  his  location 
as  hereinafter  provided. 

Sec.  8.  Within  sixty  days  from  the  date  of  the 
discovery  of  a  vein  or  lode,  the  discoverer  must 
perform  fifty  dollars'  worth  of  labor  in  develop- 
ing his  discovery,  and  distinctly  niarR  his  iocauou 
on  the  ground  so  that  its  boundaries  can  be 
readily  traced,  and  must  file  in  the  office  of  the 
county  recorder  of  the  county  in  which  the  claim 
is  situated,  a  certificate  of  location,  which  said 
certificate  shall  state: 

1.  The  name  of  the  lode  or  claim; 

2.  The  name  of  the  locator  or  locators; 

3.  The  date  of  discovery  and  posting  of  the 
notice,  provided  for  in  section  two  of  tnis  act,, 
which  shall  be  considered  as  the  date  oi  the  loca- 
tion; 

4.  A  description  of  the  claim,  defining  the  ex- 
terior boundaries  as  they  are  marked  upon  the 
ground,  and  such  additional  description  by  refer- 
ence to  some  natural  objects,  or  permanent  monu- 
ment, as  will  identify  the  claim. 

5.  A  statement  that  such  certificate  is  the  final 
or  completed  notice  of  location,  and  that  he  has 
performed  the  aforesaid  fifty  dollars'  worth  of  la- 
bor in  development  work  thereon  within  the 
aforesaid  sixty-day  period,  stating  generally  the 
nature  thereof.  Said  certificate  shall  be  dated 
and  signed  by  or  on  behalf  of  the  locator  or  lo- 
cators, and  verified  l-ythem  or  by  some  one  in  their 
behalf,  and  when  filed  for  I'ecord  shall  be  deemed 
and  considered  as  prima  facie  evidence  of  the 
facts  therein  recited.  A  copy  of  such  certificate 
of  location  certified  by  the  county  recorder,  shall 
be  admitted  in  evidence  in  all  actions  or  proceed- 
ings with  the  same  effect  as  the  original.  The 
performance  of  such  labor  shall  be  deemed  a 
necessary  act  in  completing  such  location  and  a 
part  thereof,  and  no  part  thereof  shall  inure  to 
the  benefit  of  any  subsequent  location. 

Sec.  4.  The  discoverer  of  placer  or  other 
forms  of  deposit,  subject  to  location  and  appro- 


594  INIines  and  Mining. 

priation,  under  mining  laws  applicable  to  placers, 
shall  locate  his  claim  in  the  following  manner: 
First— Jtle  must  immediately  post  in  a  conspicu- 
ous place  at  the  point  of  discovery  thereon  a 
notice  or  certiticate  of  location  thereof  containing: 

(a)  The  name  of  the  claim; 

(b)  The  name  of  the  locator  or  locators; 

(c)  The  date  of  the  discovery  and  posting  of  the 
notice,  hereinbefore  provided  for,  which  shall  be 
considered  as  the  date  of  the  location; 

(d)  A  description  of  the  claim  by  reference  to 
legal  subdivisions  of  sections,  if  the  locntion  is 
made  in  conformity  with  the  public  surveys; 
otherwise,  a  description  with  reference  to  some 
natural  object  or  permanent  monument  as  will 
identify  the  claim,  and  where  such  claim  is  located 
by  legal  subdivisions  of  the  public  surveys,  such 
location  shall,  notwithstanding  that  fact,  be 
marked  by  the  locator  upon  the  ground,  the  same 
as  other  locations. 

Second— Within  thirty  days  from  the  date  of 
such  discovery  he  must  record  such  notice  or  cer- 
tificate of  location  in  the  office  of  the  county  re- 
corder of  the  county  in  which  sucli  discovery  is 
made,  and  so  distinctly  mark  his  location  on  the 
ground  that  its  boundaries  can  be  readily  traced. 

Third- Within  sixty  days  from  the  date  of  the 
discovery  the  discoverer  shall  perform  labor  upon 
such  locntion  or  claim  in  developing  the  [same]  to 
an  amount  which  shall  be  equivalent  in  the  ag- 
gregate to  at  least  ten  dollars'  ($10)  worth  of  such 
labor  for  each  twenty  acres,  or  fractional  part 
thereof,  contained  in  such  location  or  claim. 

A  failure  to  perform  such  labor  within  said 
time,  shall  cause  all  rights  under  such  location  to 
be  forfeited  and  the  land  covered  thereby  shall 
at  once  be  open  to  location  by  qualified  locators 
other  than  the  preceding  locators,  but  shall  not  in 
any  event  be  open  to  location  by  such  preceding 
locators,  and  any  labor  performed  by  them 
thereon  shall  not  inure  to  the  benefit  of  any  sub- 
sequent locator  thereof. 

Fifth- Such  locator  shall,  upon  the  performance 
of  such  labor,  file  with  the  recorder  of  the  county 
an  affidavit,  showing  such  performance,  and 
generally  the  nature  and  kind  of  work  so  done. 


Mines  and  Mining.  595 

Sec.  5.  The  affidavit  provided  for  in  the  last 
section,  and  the  aforesaid  placer  notice  or  certi- 
ficate of  location  when  filed  for  record,  shall  be 
deemed  and  considered  as  prima  facie  evidence 
of  the  facts  therein  recited.  A  copy  of  such  cer- 
tificate, notice,  or  affidavit  certiiiad  by  the  county 
recorder,  shall  be  admitted  in  evidence  in  all  ac- 
tions or  proceedings  with  the  same  effect  as  the 
original. 

Sec.  6.  All  locations  of  quartz  or  placer  forma- 
tions or  deposits,  hereafter  made,  which  do  not 
conform  to  the  requirements  of  this  act,  in  so 
far  as  the  same  are  respectively  applicable 
thereto,  shall  be  void. 

Sec.  7.  No  record  of  a  mining  claim  or  mill- 
site,  made  after  the  passage  of  this  act,  in  the 
records  of  any  mining  district,  shall  be  valid.  All 
notices  of  location  of  mining  claims,  millsites, 
and  other  notices,  heretofore  recorded  in  such  dis- 
trict records,  if  such  notices  conform  to  the  local 
rules  and  regulations  in  force  in  such  district,  are 
hereby  declared  valid.  Within  thirty  days  after 
the  passage  of  this  act  the  district  recorder  or 
custodian  of  the  records  of  the  several  mining  dis- 
tricts in  this  state,  shall  transmit  to  the  county 
recorders  of  the  respective  counties  wherein  the 
respective  districts  are  situated,  all  the  records  of 
said  respective  districts,  and  thenceforward  such 
county  recorder  shall  be  deemed  and  considered 
the  legal  custodian  of  such  records.  Thereafter 
copies  of  such  records,  certified  by  the  county 
recorder,  may  be  received  in  evidence  with  the 
same  effect  as  the  originals. 

Sec.  8.  This  act  shall  take  effect  and  be  in 
force  sixty  days  after  its  passage. 


An  act  entitled  an  act  relating  to  the  working, 
rights  of  way,  easement,  and  drainage  of 
mines  In  the  state  of  California. 

[Approved  March  31.  1891;    Stats.  1891,    p.  219.] 

Section  1.  Whenever  any  mine-owner,  compa- 
ny, or  corporation  shall  have  performed  the  labor 
and  made  the  improvements  required  by  law  for 
the  location  and  ownership  of  mining  claims  or 
lodes,  such  owner,  company,  or  corporation  shall 


596  Mints  aud  Miuing. 

file  or  cause  to  be  filed,  within  thirty  days  after 
the  time  limited  for  performing  such  labor  or 
malving  such  improvements,  with  the  county  re- 
corder of  deeds  of  the  county  in  which  the  mine 
or  claim  is  situated,  particularly  describing  the 
labor  performed  and  improvements  made,  and  the 
value  thereof,  which  affidavit  shall  be  prima  facie 
evidence  of  the  facts  therein  stated.  Upon  the 
failure  of  any  claimant  or  mine  owner  to  comply 
with  the  conaitions  of  this  act  in  the  performance 
of  labor,  or  making  of  improvements  upon  any 
claim,  mine,  or  mining  ground,  the  claim  or  mine 
upon  which  such  failure  occurred  shall  be  opened 
to  relocation  in  the  same  manner  as  if  no  location 
of  the  same  had  ever  been  made.  But  if,  pre- 
vious to  relocation,  the  original  locators,  their 
heirs,  assigns,  or  legal  representatives,  resume 
work  upon  such  claim,  and  continue  the  same  with 
reasonable  diligence  until  the  required  amount  of 
labor  has  been  performed  or  improvements 
made,  and  the  required  statement  of  accounts 
and  affidavits  filed  with  the  county  recorder,  then 
the  claim  shall  not  be  subject  to  relocation  be- 
cause of  previous  failure  to  file  accounts.  Upon 
the  failure  of  any  one  of  the  several  co-owners 
to  contribute  his  portion  of  the  expenditures  re- 
quired hereby,  the  co-owners  who  have  performed 
the  labor  or  made  the  improvement  may,  at  the 
expiration  of  the  year,  give  such  delinquent  co- 
owner  personal  notice,  in  writing,  or  by  publica- 
tion in  the  newspaper  published  nearest  the 
claim  for  at  least  once  a  week  for  ninety  days; 
and  if,  at  the  expiration  of  ninety  days  after  such 
notice  in  writing  or  publication,  such  delinquent 
shall  fail  or  refuse  to  contribute  his  portion  of  the 
expenditures  required  by  this  section,  his  interest 
in  the  claim  shall  become  the  property  of  his  co- 
owners  who  made  the  required  expenditures.  A 
copy  of  such  notice,  together  with  an  affidavit 
showing  personal  service  or  publication,  as  the 
case  may  be,  of  such  notice,  when  filed  or  record- 
ed with  the  recorder  of  deeds  of  the  county  in 
which  such  mining  claim  is  situated,  shall  be  evi- 
dence of  the  acquisition  of  title  of  such  co-owners. 
Where  a  person  or  company  has  or  may  run  a 
tunnel  or  outs  for  the  purpose  and  in  good  faith 
for  the  pur]>ose  of  developing  a  lode,  lodes,  or 
claims  owned  by  said  person  or  company  or  corpo- 
ration,  the  money  so  expended   in   running  said 


Missing  Persons.  597 

tunnel  shall  be  taken  and  considered  as  expended 
on  said  lodes  or  claims;  provided  further,  that 
said  lode,  claim,  or  claims  shall  be  distinctly 
marked  on  the  surface  as  provided  by  law. 

Sec.  2.  All  mining  locations  and  mining  claims 
shall  be  subject  to  a  reservation  of  the  right  of 
way  through  or  over  any  mining  claims,  ditches, 
roads,  canals,  cuts,  tunnels,  and  other  easements 
for  the  purpose  of  working  other  mines;  provided, 
that  any  damage  occasioned  thereby  shall  be  as- 
sessed and  paid  for  in  the  manner  provided  by 
law  for  land  taken  for  public  use  under  the  right 
of  eminent  domain. 

Sec.  8.    Tlis  act  shall  take  effect  immediately. 


TITLE  184. 
MISSING  PERSONS. 

An  act  authorizing  the  appointment  of  trustees 
for  the  estates  of  missing  persons,  and  defining 
the  duties  of  such  trustees. 

[Approved  March  23,  1893;  Stats.  1893,  p.  218.] 

Section  1.  That  whenever  any  resident  of  this 
state  has  been  or  may  hereafter  be  missing,  or  his 
whereabouts  unknown,  for  the  period  of  ninety 
days,  and  any  such  person  owns,  is  seised,  or  en- 
titled to  the  seisin  or  the  possession  of  any  real 
or  personal  property  in  this  state,  and  it  is  repre- 
sented to  the  superior  court,  or  a  .judge  thereof, 
of  any  county  in  which  such  person  owns  any 
property,  upon  verified  petition  of  the  wife  or  of 
any  relative  or  friend  of  such  person,  that  his 
whereabouts  has  been  unknown  for  such  period 
of  time  and  is  still  unknown,  and  that  his  estate 
requires  the  attention,  supervision,  and  care  of 
ownership,  it  shall  be  the  duty  of  such  court  to 
appoint  some  suitable  person  or  persons  to  take 
charge  and  possession  of  such  estate  as  trustee, 
and  to  manage  and  control  the  same  under  the  di- 
rection of  said  court. 

Sec.  2.  That  in  appointing  such  trustee  the 
court  shall  preferably  appoint  the  wife  of  such 
missing  person  (if  any  such  there  be),  or  her  nom- 
inee, and  in  the  absence  of  a  wife,  some  persoi^ 
who  would  be  entitled  to  participate  in  the  dls- 


598  Missing  Persons. 

trlbution  of  such  missing  person's  estate  were  he 
dead;  and  the  court  shall  have  power  to  direct 
such  trustee  to  pay  to  the  person  or  persons  con- 
stituting the  family  of  such  missing  person  such 
sum  or  sums  of  money,  for  family  expenses  and 
support,  from  the  income  of  such  estate,  as  it  may 
from  time  to  time  determine. 

Sec.  3.  That  the  bond  of  the  trustee  so  appoint- 
ed shall  be  in  double  the  amount  of  the  estimated 
annual  income  of  such  estate;  provided,  that 
where  such  missing  person  has  a  wife  living  and 
no  children,  and  the  estate  of  such  missing  per- 
son is  shown  to  be  solvent,  and  the  wife  applies 
to  be  appointed  trustee,  the  court  shall  require  no 
bond  of  her. 

Sec.  4.  It  shall  be  the  duty  of  such  trustee  or 
trustees  to  take  possession  of  all  the  real  and 
personal  estate  in  this  state  of  such  missing  per- 
son, and  to  collect  and  receive  the  rents,  income 
and  profits  thereof;  to  collect  all  indebtedness 
owing  to  such  missing  person,  and  pay  the  costs 
and  expenses  thereof  out  of  the  trust  fund,  and 
to  pay  such  indebtedness  of  such  missing  person 
as  he  may  be  authorized  to  do  by  the  court  mak- 
ing the  appointment  of  the  trustee;  and  he  shall 
from  time  to  time,  as  he  may  be  directed,  ac- 
count to  and  with  said  court  for  all  of  his  or  their 
acts  and  doings  as  trustee,  and  the  court  making 
such  appointment  may  at  any  time,  upon  the  ap- 
plication of  any  party  interested,  and  upon  good 
cause  shown  therefor,  remove  any  trustee  which 
it  may  so  appoint,  and  appoint  some  other  per- 
son 01'  persons  trustee  or  trustees  in  his  or  their 
place  or  stoad. 

Sec.  5.  Upon  presentation  of  the  verified  petition 
mentioned  in  section  one.  the  court  or  .ludge  shall 
order  the  same  to  be  filed  with  the  clerk  of  th' 
court,  and  shall  appoint  a  time  for  the  hearing  of 
paid  petition,  not  less  than  ten  days  from  the 
date  of  ?aid  order:  and  the  clerk  shall  publish  no- 
tice in  some  newspaper  published  in  said  county. 
Btatinc:  that  such  petition  will  be  heard  at  the  tim*^ 
so  appointed,  in  the  court  room  of  said  court.  Said 
notice  shall  bo  publishofl  for  five  days,  and  such 
other  notice  of  said  application  shall  be  sriven  in 
such  manner  and  to  su^h  persons  as  the  court 
or  iudge  may  direct.  All  orders,  iudgments,  and 
decrees  made  in  proceedings  under  tliis  statute 
may  be  entered  and  recorded  as  and  with  the  like 


Mofioc  County— Mono  County.  599 

effect  as  other  orders,  judgments,  and  decrees  in 
superior  courts.  From  and  after  the  presentation 
of  said  petition,  and  until  decision  rendered  there- 
on, the  wife  of  such  missing  person  shall  have  all 
the  powers  of  a  trustee  duly  appointed  and  quali- 
fied under  this  act,  and  shall  act  as  such  trustee, 
subject  to  the  direction  of  the  court. 

Sec.  6.    This  act  shall  be  in  force  from  and  after 
its  passage. 


TITLE  185. 
MODOC  COUNTY. 

Consult  the  following  acts: 

An  act  to  create  the  county  of  Modoc,  to  establish 
the  boundaries  thereof,  and  to  provide  for  its 
organization. 
[Approved  February  17,  1874;  1873-4,  124.] 

An  act  supplemental  to  the  foregoing  act  of  Feb- 
ruary seventeenth,  eighteen  hundred  and  sev- 
enty-four. 
[Approved  March  23,  1874;  1873-4,  517.] 
This  act  made  provision  for  the  hospital  fund  of 
Modoc  county;  also  defined  the  powers     of     the 
commissioners  as  to  the  registry  of  voters;     also 
provided  for  the  levy  of  a  tax  for  a  building  fund; 
and  extended  the  act  of  March  26,  1857,  in  rela- 
tion to  hogs  found  running  at  large  in  Colusa  and 
other  counties,  over  Modoc  county. 

A  reference  to  special  acts  relating  to  Modoc 
county  may  be  found  in  Deering's  Annotated  Pe- 
nal Code,  p.  639. 


TITLE  186. 
MONO   COUNTY. 

A  reference  to  local  acts  relating  to  Mono 
county  is  contained  in  Deering's  Annotated  Pe- 
nal  Code,   pp.   639,   640. 


600  Monterey—  Mortgages. 

TITLE  187. 
MONTEREY. 

An  act  to  repeal  an  act  entitled  "An  act  to  incor- 
porate the  city  of  Monterey,"  approved  May 
11,  1853,  and  acts  amendatory  thereof,  ap- 
proved March  4,  1857,  April  IS,  1862,  and 
April  2,  1866.  [Approved  March  16,  1889;  1889. 
227.] 

See  also  an  act  to  amend  the  act  to  reincorporate 
Salinas  city,  approved  March  27,  1895,  Stats.  1895, 
p.  206. 


TITLE  188. 

MONTEREY  COUNTY. 

A  reference  to  special  acts  relating  to  Monterey 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  640.  641. 


TETLE  189. 
MORGUE. 

An  act  to  provide  for  the  construction  and  main- 
tenance of  a  public  morgue  in  the  city  and 
county  of  San  Francisco. 

This  act   was  approved   March   5,   1885;   Stats. 
1885,  p.  25. 


TITLE  190. 

MORTGAGES. 

Acts  relating  to  attorney's  fee  on  foreclosure: 
See  Code  of  Civil  Procedure,  Appendix,  title. 
Mortgages,  p.  863  et  seq. 


Municipal  Corporations. 


601 


TITLE  191. 
MUNICIPAL  CORPORATIONS. 


MUNICIPAL   CORPORATION   BILL. 
SUMMARY  OP  CONTENTS. 

CbaiTP"  I.  Organization  of  municipal  corpora- 
tions, ^§  1-8. 

Chapter  II.  Municipal  corporations  of  the  first 
class,  over  100,000,  §§  19-288. 

Article  I.  General  powers,   §  19. 

II.  General    provisions   relating   to   officers,    §§  20  29. 

III.  Legislative  department,   §§  40-107. 

IV.  Executive  department,  §§  118-204. 
V,  Judicial   department,    §§  213-246. 

VI.    Educational  department,  §§  247-272. 
VII.    Miscellaneous   provisions,    §§  286-288. 

Chapter  III.    Municipal  corporations    of   the    sec- 


ond   class, 
426. 


30,000-100,000, 


300- 


Article  I. 

II. 
III. 
IV. 

V. 
VI. 


General  powers,    §  300. 

General  provisions  relating  to  officers,  §§  301-307. 

Legislative   department,   §§  319-359. 

Executive    department,    §§  370-380. 

Judicial   department,   §§  390-403. 

Educational    department,    §§  410-426. 


Chapter  IV. 


Municipal  corporations  of  the  third 
class,  15,000-30,000,  §§  500-591. 


Article  I.  General  powers,   §  500. 

II.  General. provisions  relating  to  officers, 

III.  Legislative  department,  §§  520-536. 

IV.  Executive  department,   §§  550-553. 
V.  Judicial  department,  §§  560-563. 

VI.  School    department,    §§  570-579. 

VII.  Miscellaneous  provisions,   §§  590,  591. 


§§  501-509. 


Gen.  Laws. — 5l 


602  Municipal  Corporations. 

Chapter    V.    Municipal  corporation  of  the  fourth 
class,  10,000-15,000,  §§  600-719. 

Article  I.  General  powers,    §  600. 

II.  General  provisions  relating  to  officers,  §§  601-611. 

III.  Legislative  department,  §§  620-836. 

IV.  Taxation,   §§  640-666. 

V.    Executive   department,   §§  670-681. 
VI.    Judicial    department,    §§  690-701. 
VII.    School  department,  §§  710-719. 

Chapter  YI.    Municipal  corporations  of  the  fifth 
class,  3,000-10,000,  §§  750-812. 

Article  I.  General  powers,   §  750. 

II.  General  provisions  relating  to  officers,  §§  751-758. 

III.  Legislative  department,   §§  760-778. 

IV.  Executive  department,  §§  786-791*. 
V.  School    department,    §§  795-805. 

VI.    Judicial    department,    §§  806-808. 
VII.    Miscellaneous  provisions,   §§  810-813. 

Chapter  VII.    Municipal  corporations  of  the  sixth 
class,  3,000,  §§  850-886. 

Article  I.  General  powers,   §  850. 

II.  General  provisions  relating  to  officers,  §§  851-857. 

III.  Legislative  department,  §§  858-875. 

IV.  Executive   department,    §§  876-881. 
V.  Judicial  department,  §§  882-884. 

VI.    Miscellaneous  provisions,   §§  885,   886. 


Municipal  Corporations.  608 


An  Act  to  provide  for  the  organization,  incorpora- 
tion, and  government  of  municipal  corpora- 
tions. 

[Approved  March  13,  1883.] 

CHAPTER  I. 
Organization  of  Municipal  Corporations. 

Cty  or  town  may  incorporate. 

Section  1.  Any  portion  of  a  county  containing 
not  less  than  five  hundred  inhabitants,  and  not  in- 
corporated as  a  municipal  corporation,  may  be- 
come incorporated  under  the  provisions  of  this 
act,  and  when  so  incorporated,  shall  have  the 
powers  conferred,  or  that  may  be  hereafter  con- 
ferred, by  law,  upon  municipal  corporations  of  the 
class  to  which  the  same  may  belong. 
Manner  of  proceeding  in  organizing  a  municipal 
corporation. 

Sec.  2.  A  petition  shall  first  be  presented  to  the 
board  of  supervisors  of.  such  county,  signed  by  at 
least  fifty  of  the  qualified  electors  of  the  county, 
residents  within  the  limits  of  such  proposed  coitdo- 
ration,  and  the  affidavit  of  three  qualified  electors 
residing  witliin  the  proposed  limits,  filed  with  the 
petition,  shall  be  prima  facie  evidence  of  the  re- 
quisite number  of  signers'.  The  petition  shall  set 
forth  and  particularly  describe  the  proposed  boun- 
daries of  such  corporation,  and  state  the  number 
of  inhabitants  therein,  as  nearly  as  may  be,  and 
shall  pray  that  the  same  may  be  incorporated  un- 
der the  provisions  of  this  act.  Such  petition  shall 
be  presented  at  a  regular  meeting  of  such  board, 
and  shall  be  published  for  at  least  two  weeks  be- 
fore tlie  time  at  which  the  same  is  to  be  present- 
ed, in  some  newspaper  printed  and  published  in 
such  county,  together  with  a  notice  stating  the 
time  of  the  meeting  at  which  the  same  will  be 
presented.  When  such  petition  is  presented,  the 
board  of  supervisors  shall  hear  the  same,  and 
may  adjourn  such  hearing  from  time  to  time,  not 


G()4  Muncipal  Corporations. 

exceeding  two  months  in  all,  and  on  the  final  hear- 
ln.ir,  shall  make  such  changes  in  the  proposed 
boundaries  as  they  may  find  to  be  proper  and 
shall  establish  and  define  such  boundaries,  and 
shall  ascertain  and  determine  how  many  inhabi- 
tants reside  within  such  boundaries;  provided, 
that  any  changes  made  by  said  board  of  super- 
visors shall  not  include  any  territory  outside  of 
the  boundaries  described  in  such  petition.  The 
boundaries  so  established  by  the  board  of  super- 
visors shall  be  the  boundaries  of  such  municipal 
corporation  until  by  action,  authorized  by  law 
for  the  annexation  of  additional  territory  to,  or 
the  taking  of  territory  from,  said  municipal  cor- 
poration, such  boundaries  shall  be  changed;  pro- 
vided, whenever  it  shall  appear  to  the  board  of 
supervisors  that  the  boundaries  of  any  munici- 
pal corporation  have  been  incorrectly  described, 
the  board  shall  direct  the  county  surveyor  to  as- 
certain and  report  a  description  of  the  boundaries. 
The  board  of  supervisors  shall,  at  their  first  regu- 
lar meeting  after  the  filing  of  the  report  of  the 
county  surveyor,  cause  notice  to  be  published  in 
some  newspaper  published  in  the  county,  that 
the  report  will  be  acted  upon  at  the  next  regular 
meeting  of  the  board,  and  at  said  meeting  the 
board  shnll  ratify  the  report  of  the  county  sur- 
veyor, with  such  modifications  as  they  shall  deem 
necessary,  and  the  boundaries  so  established  shall 
be  the  legal  boundaries  of  said  municipal  corpora- 
tion. They  shall  then  give  notice  of  an  election  to 
be  held  in  such  proposed  corporation  for  the  pur- 
pose of  determining  whether  the  same  shall  be- 
come incorporated.  Such  notice  shall  particularly 
describe  the  boundaries  so  established,  and  shall 
state  the  name  of  such  proposed  corporation,  and 
the  number  of  inhabitants  so  ascertained  to  reside 
therein,  and  the  same  shall  be  published  for  at 
least  two  weeks  prior  to  such  election,  in  a  news- 
paper printed  and  published  within  such  bound- 
aries, or  posted  for  the  same  period  in  at  least 
four  public  places  therein.  Such  notice  shall  re- 
quire the  voters  to  cast  ballots,  which  shall  con- 
tain tlio  words  "For  incorporation,"  or  "Against 
incorporation."  or  words  equivalent  thereto,  and 
also  the  names  of  persons  voted  for  to  fill  the  va- 
rious elective  municipal  offices  prescribed  by  la^^ 
for  municipal  corporations  of  the  class  to  which 


Municipal  Corporations.  605 

such  proposed  corporation  will  belong.    [Amend 
ment,   approved    March   19,   1889;  Stats.   1889,   p. 
371.    In  effect  immediately.] 
Election,  how  conducted. 

Sec.  3.  Such  elections  shall  be  conducted  in  ac^ 
cordance  with  the  general  election  laws  of  the 
state,  and  no  person  shall  be  entitled  to  vote  there- 
at unless  he  shall  be  a  qualified  elector  of  the 
county,  enrolled  upon  the  great  register  thereof, 
and  shall  have  resided  within  the  limits  of  such 
proposed  corporation  for  at  least  sixty  days  next 
preceding  such  election.  The  board  of  supervis- 
ors shall  meet  on  the  Monday  next  succeeding 
such  election,  and  proceed  to  canvass  the  votes 
cast  thereat;  and  if,  upon  such  canvass,  it  appears 
that  the  majority  of  the  votes  cast  are  for  the  in- 
corporation, the  board  shall,  by  an  order  entered 
upon  their  minutes,  declare  such  territory  duly 
incorporated  as  a  municipal  incorporation  of  the 
class  to  which  the  same  shall  belong,  under  the 
name  and  style  of  the  city  (or  town,  as  the  case 

may  be)  of (naming  it),  and  shall  declare  the 

person  receiving,  respectively,  the  highest  num- 
ber of  votes  for  such  several  oflBces  to  be  duly 
elected  to  such  offices.  Said  board  shall  cause  a 
copy  of  such  order,  duly  certified,  to  be  filed  in  the 
office  of  Secretary  of  State,  and  from  and  after 
the  date  of  such  filing,  such  incorporation  shall  be 
deemed  complete,  and  such  officers  shall  be  en- 
titled to  enter  immediately  upon  the  duties  of 
their  respective  offices,  upon  qualifying  in  accord- 
ance with  law,  and  shall  hold  such  offices  respec- 
tively only  until  the  next  general  municipal  elec- 
tion to  be  held  in  such  city  or  town,  and  until 
their  successors  are  elected  and  qualified;  and  it 
shall  not  be  necessary  in  any  action,  civil  or  crim- 
inal to  plead  and  prove  the  organization  or  exist- 
ence of  such  corporation,  and  the  courts  shall 
talve  judicial  cognizance  thereof  without  proof. 
[Amendment  approved  March  19,  1889;  Stats. 
1889,  p.  371.     In  effect  immediately.] 

How  incorporated  city  or  town  may  incorporate 
imder  this  law. 

Sec.  4.  Tlie  common  council,  board  of  trustees, 
or  other  legislative  body  of  any  city  and  county, 
city,  or  town,  organized  or  incorporated  prior  to 
the  first  day  of  January,  eighteen  hundred  and 


600  Municipal  Corporations. 

eighty,  at  twelve  o'clock,  meridian,  shall,  upon  re- 
ceiving a  petition  therefor,  signed  by  not  less 
than  one  fifth  of  the  qualified  electors  of  such 
city  and  county,  city  or  town,  as  shown  by  the 
vote  cast  at  the  last  municipal  election  held  there- 
in, submit  to  the  electors  of  such  city  and  county, 
city,  or  town,  at  the  next  general  election  to  be 
held  therein,  the  question  whether  such  city  and 
county,  city,  or  town  shall  become  organized  un- 
der the  general  laws  of  the  state  relating  to  muni- 
cipal corporations  of  the  class  to  which  such  city 
and  county,  city,  or  town  may  belong.  Notice 
that  such  question  will  be  so  submitted  shall  be 
given  by  publication  in  a  newspaper  printed  and 
published  in  such  city  and  county,  city,  or  town; 
or  if  there  be  no  newspaper  printed  and  published 
therein,  by  printing  and  posting  the  same  in  at 
least  four  public  places  therein,  includinir  the 
place  or  places  where  such  election  is  to  be  held. 
Such  notice  shall  be  so  published  or  posted  for  at 
least  four  weeks  prior  to  such  election,  and  shall 
also  be  made  a  part  of  the  general  election  no- 
tice. Such  notice  shall  distinctly  state  the  propo- 
sition to  be  so  submitted,  and  shall  designate  the 
class  to  which  such  corporation  belongs,  and  shall 
invite  the  electors  thereof  to  vote  upon  such  prop- 
osition by  placing  upon  their  ballots  the  words 
"For  reorganization,"  or  "Against  reorganization," 
or  words  equivalent  thereto.  The  votes  so  cast 
shall  be  canvassed  at  the  time  and  in  the  manner 
in  which  the  other  votes  cast  at  such  election  are 
canvassed.  If,  upon  such  canvass,  a  majority  of 
all  the  electors  voting  at  such  election  shall  be 
found  to  have  voted  for  such  reorganization,  the 
said  council,  board,  or  other  legislative  body  shall, 
by  an  order  entered  upon  their  minutes,  cause 
their  clerk,  or  other  officer  performing  the  du- 
ties of  clerk,  to  make  and  transmit  to  the  Sec- 
retary of  State  a  certified  abstract  of  such  vote; 
which  abstract  shall  show  the  whole  number  of 
electors  voting  at  such  election,  the  number  of 
votes  cast  for  reorganization,  and  the  number  of 
votes  against  reorganization.  Said  council,  board, 
or  other  legislative  body  shall  immediately  there- 
after call  a  special  election  for  the  election  of  the 
officers  required  by  law  to  be  elected  in  corpora- 
tions of  the  class  to  which  such  city  and  county, 
city,  or  town  shall  belong,  which  election  shall  be 


Municipal  Corporations.  607 

held  within  six  weeks  thereafter.  Such  election 
shall  be  held  in  all  respects  in  the  manner  pre- 
scribed, or  that  may  hereafter  be  prescribed,  by- 
law for  municipal  elections  in  corporations  of 
such  class,  and  shall  be  canvassed  by  the  coun-, 
cil,  board,  or  other  legislative  body  calling  the 
same,  who  shall  immediately  declare  the  result 
thereof,  and  cause  the  same  to  be  entered  upon 
their  journal.  From  and  after  the  date  of  such 
entry,  such  corporation  shall  be  deemed  to  be  or- 
ganized under  such  general  laws,  under  the  name 
and  style  of  the  city  and  county  (or  city  or  town 

as  the  case  may  be)  of (naming  it),  with  the 

powers  conferred,  or  that  may  hereafter  be  con- 
ferred, by  law  upon  municipal  corporations  of 
the  class  to  which  the  same  may  belong;  and  the 
officers  elected  at  such  election  shall  be  entitled 
immediately  to  enter  upon  the  duties  of  their  re- 
spective offices,  upon  qualifying  in  accordance 
with  law,  and  shall  hold  such  offices,  respectively, 
only  until  the  next  general  municipal  election  to 
be  held  in  such  city  and  county,  city,  or  town,  and 
until  their  successors  are  elected  and  qualified. 
Effect  of  reincorporation. 

Sec.  5.  Any  city  and  county,  city  or  town  or- 
ganized under  the  provisions  of  section  four  of 
this  act  shall,  for  all  purposes,  be  deemed  and 
taken  to  be  in  law  the  identical  corporation  there- 
tofore incorporated  and  existing;  and  such  reor- 
ganization shall  in  no  wise  affect  or  impair  the  ti- 
tle to  any  property  owned  or  held  by  such  corpo- 
ration, or  in  trust  therefor,  or  any  debts,  demands, 
liabilities,  or  obligations  existing  in  favor  of  or 
against  such  corporation,  or  any  proceeding  then 
pending;  nor  shall  the  same  operate  to  repeal  or 
affect  in  any  manner  any  ordinance  theretofore 
passed  or  adopted  and  remaining  unrepealed,  or, 
to  discharge  any  person  from  any  liability,  civil 
or  criminal,  then  existing,  for  any  violation  of  any 
such  ordinance;  but  such  ordinances,  so  far  as  the 
same  are  not  in  conflict  with  such  general  laws, 
shall  be  and  remain  in  force  until  repealed  or 
amended  by  competent  authority;  provided,  that 
proceedings  theretofore  commenced  shall,  after 
such  reorganization,  be  conducted  in  accordance 
with  the  provisions  of  such  general  laws. 
Duty  of  outgoing  officers. 

Sec.  6.    As  soon  as  the  officers  elected  under  the 


bOS  Municipal  Corporations. 

proTisions  of  either  section  three  or  section  four 
of  this  act  shall  have  qualified  in  accordance  with 
law,  all  persons,  if  any,  then  in  possession  of  the 
offices  of  such  corporation,  shall  immediately  quit 
and  surrender  up  the  possession  of  such  offices, 
and  shall  deliver  to  the  officers  so  elected  all 
moneys,  books,  papers,  or  other  things  in  their 
official  custody,  and  all  property  of  such  corpora- 
tion in  their  hands,  notwithstanding  that  the 
terms  of  office  for  which  they  were  respectively 
elected  or  appointed  may  not  then  have  expired; 
and  all  officers,  boards,  and  persons  holding  any 
property  in  trust  for  any  public  use,  the  admin- 
istration of  which  use  is  vested  by  such  general 
laws  in  such  corporation,  or  in  any  of  its  officers, 
shall,  upon  demand  from  such  corporation  or  such 
officers,  convey  such  property  to  such  corporation 
or  such  officers,  by  good  and  sufficient  deeds  of 
conveyance,  in  trust  for  such  public  use. 
Boundary,  how  changed. 

Sec.  7.  The  boundaries  of  any  municipal  corpo- 
ration may  be  altered,  and  new  territory  included 
therein,  after  proceedings  had  as  required  in  this 
section.  The  council,  board  of  trustees,  or  other 
legislative  body  of  such  corporation  shall,  upon 
receiving  a  petition  therefor,  signed  by  not  less 
than  one  fifth  of  the  qualified  electors  thereof,  as 
shown  by  the  vote  cast  at  the  last  municipal  elec- 
tion held  therein,  submit  to  the  electors  of  such 
corporation,  and  to  the  electors  residing  in  the 
territory  proposed  by  such  petition  to  be  annexed 
to  such  corporation,  the  question  whether  such  ter- 
ritory shall  be  annexed  to  such  corporation  and 
become  a  part  thereof.  Such  question  shall  be 
submitted  at  a  special  election,  to  be  held  for  that 
purpose,  and  such  legislative  body  shall  give  no- 
tice thereof  by  publication  in  a  newspaper  printed 
and  published  in  such  corporation,  and  also  in  a 
newsi)aper  printed  and  published  outside  of  such 
corporation,  and  in  the  county  in  which  such  ter- 
ritory so  proposed  to  be  annexed  is  situated,  in 
both  cases  for  a  period  of  four  weeks  prior  to 
such  election.  Such  notice  shall  distinctly  state 
the  proposition  to  be  so  submitted,  and  shall  de- 
signate specifically  the  boundaries  of  the  terri- 
tory so  proposed  to  be  annexed;  and  the  electors 
shall  be  invited  thereby  to  vote  upon  such  proposi- 
tion, by  placing  upon  their  ballots  the  words  "For 


MimiciiDal  Corporations.  609 

annexation,"  or  "Against  annexation,"  or  words 
equivalent  thereto.  Such  legislative  body  shall 
also  designate  the  place  or  places  at  which  the 
polls  will  be  opened  in  such  territory  so  proposed 
to  be  annexed,  which  place  or  places  shall  be 
that  or  those  usually  used  for  that  purpose  with- 
in such  territory,  if  any  such  there  be.  Such  leg- 
islative body  shall  also  appoint  and  designate  in 
such  notice  the  names  of  the  officers  of  election. 
Such  legislative  body  shall  meet  on  the  Monday 
next  succeeding  the  day  of  such  election,  and  pro- 
ceed to  canvass  the  votes  cast  thereat.  The  votes 
cast  in  such  territory  so  proposed  to  be  annexed 
shall  be  canvassed  separately,  and  if  it  shall  ap- 
pear upon  such  canvass  that  a  majority  of  all  the 
votes  cast  in  such  territory  and  a  majority  of  all 
the  votes  cast  in  such  corporation  shall  be  for 
annexation,  such  legislative  body  shall,  by  an  or- 
der entered  upon  their  minutes,  cause  their  clerk, 
or  other  officer  performing  the  duties  of  clerk,  to 
make  and  transmit  to  the  Secretary  of  State  a 
certified  abstract  of  such  vote;  which  abstract 
shall  show  the  whole  number  of  electors  voting  in 
such  territory,  the  whole  number  of  electors  vot- 
ing in  such  corporation,  the  number  of  votes  cast 
in  each  for  annexation,  and  the  number  of  votes 
cast  in  each  against  annexation.  Prom  and  af- 
ter the  date  of  the  filing  of  such  abstract,  such  an- 
nexation shall  be  deemed  complete,  and  thereafter 
such  territory  shall  be  and  remain  a  part  of  such 
corporation;  provided,  that  no  property  within 
such  territory  so  annexed  shall  ever  be  taxed  to 
pay  any  portion  of  any  indebtedness  of  such  cor- 
poration, contracted  prior  to  or  existing  at  the 
date  of  such  annexation.  If  the  territory  so  pro- 
posed to  be  annexed  consists,  in  whole  or  in  part, 
of  any  municipal  corporation,  or  part  thereof, 
such  territory  shall  not  be  annexed  under  the 
provisions  of  this  section. 
Municipal  corporations,  how  consolidated. 

Sec.  8.  Two  or  more  contiguous  municipal  cor- 
porations may  become  consolidated  into  one  cor- 
poration after  proceedings  had  as  required  in  this 
section.  The  council,  board  of  trustees,  or  other 
legislative  body  of  either  of  such  corporations  shall, 
upon  receiving  a  petition  therefor,  signed  by  not 
less  than  one-fifth  of  the  qualified  electors  of  each 


610  Municipal  Corporations. 

of  such  corporations,  as  shown  by  the  votes  cast 
at  the  last  municipal  election  held  in  each  of  such 
cori^orations,  submit  to  the  electors  of  each  of 
such  corporations  the  question  whether  such  cor- 
porations shall  become  consolidated  into  one  cor- 
poration. Such  lefjislative  body  shall  designate  a 
day  upon  which  a  special  election  shall  be  held  in 
each  of  such  corporations  to  determine  whether 
such  consolidation  shall  be  effected,  and  shall  give 
written  notice  thereof  to  the  council,  board  of 
trustees,  or  other  legislative  body  of  each  of  the 
other  of  such  corporations,  which  notice  shall 
designate  the  name  of  the  proposed  new  corpora- 
tion. It  shall  thereupon  be  the  duty  of  such  leg- 
islative body  of  each  of  the  corporations  so  pro- 
posed to  be  consolidated  to  give  notice  of  such 
election,  by  publication  in  a  newspaper  printed 
and  published  in  such  corporation,  for  a  period  of 
four  weeks  prior  to  such  election.  Such  notice 
shall  distinctly  state  the  proposition  to  be  so  sub- 
mitted, the  name  of  the  corporations  so  proposed 
to  be  consolidated,  the  name  of  the  proposed  new 
corporation,  and  the  class  to  which  such  proposed 
new  corporation  will  belong;  and  shall  invite  the 
electors  to  vote  upon  such  proposition  by  placing 
upon  their  ballots  the  words  "For  consolidation," 
or  "Against  consolidation,"  or  words  equivalent 
thereto.  The  legislative  bodies  of  each  of  such 
corporations  shall  meet  in  n'oint  convention  at  the 
usual  place  of  meeting  of  the  legislative  body  of 
that  one  of  such  corporations  having  the  greatest 
population,  as  shown  by  the  last  federal  census, 
on  the  Monday  next  succeeding  the  day  of  such 
election,  and  proceed  to  canvass  the  votes  cast 
thereat.  The  votes  cast  in  each  of  such  corpora- 
tions shall  be  canvassed  separately;  and  if  it  shall 
appear  upon  such  canvass  that  a  majority  of  the 
votes  cast  in  each  of  such  corporations  shall  be 
for  consolidation,  such  joint  convention,  by  an  or- 
der entered  upon  their  minutes,  shall  cause  the 
clerk,  or  other  officer  performing  the  duties  of 
clerk,  of  the  legislative  body  at  whose  place  of 
meeting  sucli  joint  convention  is  held,  to  make  a 
certified  al>strMCt  of  such  vote;  which  abstract 
sliall  show  the  wliole  number  of  electors  voting  at 
such  election  in  each  of  such  corporations,  the 
number  of  votes  cast  in  each   for  consolidation, 


Municipal   Corporaiioiis.  611 

and  the  number  of  votes  cast  in  each  against  con- 
solidation. Such  abstract  shall  be  recorded  upon 
the  minutes  of  the  legislative  body  of  each  of 
such  corporations;  and  immediately  upon  the  rec- 
ord thereof,  it  shall  be  the  duty  of  the  clerk,  or 
other  officer  performing  the  duties  of  clerk,  of 
each  of  such  legislative  bodies  to  transmit  to  the 
Secretary  of  State  a  certified  copy  of  such  ab- 
stract. Immediately  after  such  filing,  the  legisla- 
tive body  of  that  one  of  such  corporations  having 
the  greatest  population,  as  shown  by  the  last  fed- 
eral census,  shall  call  a  special  election,  to  be 
held  in  such  new  corporation  for  the  election  of 
the  officers  required  by  law  to  be  elected  in  cor- 
porations of  the  class  to  which  such  new  corpo- 
ration shall  belong,  which  election  shall  be  held 
within  six  months  thereafter.  Such  election  shall 
be  called  and  conducted  in  all  respects  in  the 
manner  prescribed,  or  that  may  hereafter  be  pre- 
scribed, by  law  for  municipal  elections  in  corpo- 
rations of  such  class,  and  shall  be  canvassed  by 
the  legislative  body  so  calling  the  same,  who  shall 
immediately  declare  the  result  thereof,  and  cause 
the  same  to  be  entered  upon  their  journal.  Prom 
and  after  the  date  of  such  entry,  such  corpora- 
tions shall  be  deemed  to  be  consolidated  into  one 
corporation,  under  the  name  and  style  of  the  city 
and  county  (or  city  or  town  as  the  case  may  be) 

of (naming  it),  with  the  powers  conferred,  or 

that  may  hereafter  be  conferred,  by  law  upon  mu- 
nicipal corporations  of  the  class  to  which  the  same 
shall  so  belong;  and  the  officers  elected  at  such 
election  shall  be  entitled  immediately  to  enter 
upon  the  duties  of  their  respective  oflices,  upon 
qualifying  in  accordance  with  law,  and  shall  hold 
such  offices,  respectively,  only  until  the  next 
general  municipal  election  to  be  held  in  such  city 
and  county,  city,  or  town,  and  until  their  succes- 
sors are  elected  and  qualified.  All  the  provisions 
of  sections  five  and  six  of  this  act  shall  apply  to 
such  corporation  and  to  the  officers  thereof;  pro- 
vided, that  no  property  within  either  of  the  for- 
mer corporations  so  consolidated  shall  ever  be 
taxed  to  pay  any  portion  of  any  indebtedness  of 
either  of  the  other  of  such  former  corporations 
contracted  prior  to  or  existing  at  the  date  of  such 
consolidation. 


612  Municipal  Corporations. 


CHAPTER  II. 

Municipal  Corporations  of  the  First  Class. 
(Cities  having  a  population  of  more  than  100,000.) 

Article  I.— General  Powers. 

First  Class. 

Sec.  19.  Every  municipal  corporation  of  the 
first  class  shall  be  entitled  the  city  and  county  of 

,  or  the  city  of (naming  it),  as  the  case  may 

be,  and  by  such  name  shall  have  perpetual  succes- 
sion, may  sue  and  be  sued  in  all  courts  and  places, 
and  in  all  proceedings  whatever;  shall  have  and 
use  a  common  seal,  alterable  at  the  pleasure  of  the 
city  authorities,  and  may  purchase,  lease,  receive, 
hold,  and  enjoy  real  and  personal  property,  and 
control  and  dispose  of  the  same  for  the  common 
benefit. 

Article  II.— General  Provisions  Relating  to  Officers. 

Names,  numbers,  and  terms  of  officers. 

Sec.  20.  There  shall  be  elected  by  the  qualified 
voters  of  such  city,  or  city  and  county,  at  the  gen- 
eral state  election  to  be  held  on  the  first  Tuesday 
after  the  first  Monday  of  the  month  of  November 
in  each  even-numbered  year,  the  following  officers, 
viz:  A  mayor,  sheriff,  auditor,  tax  collector,  treas- 
urer, county  clerk,  recorder,  district  attorney,  city 
or  city  and  county  attorney,  coroner,  surveyor, 
superintendent  of  streets,  twelve  school  directors, 
six  justices  of  the  peace,  public  administrator, 
and  two  police  judges,  who  shall  hold  office  for 
two  years.  The  terms  of  sucli  officers  shall  com- 
mence on  the  first  Monday  after  the  first  day  of 
January  next  following  their  election.  Also, 
twelve  aldermen,  in  the  manner,  and  who  shall 
hold  office,  as  provided  in  section  forty-one  of  this 
chapter,  and  twelve  assistant  aldermen,  who  shall 
hold  office  as  provided  in  section  forty-three  of  this 
chapter. 


Municipal  Corporations.  613 

Wliat  offices  kept  open. 

Sec.  21.  The  mayor,  sheriff,  county  clerk,  county 
recorder,  treasurer,  district  attorney,  auditor,  tax 
collector,  assessor,  city  or  city  and  county  attorney, 
superintendent  of  streets,  and  surveyor  shall 
keep  public  offices,  which  shall  be  kept  open  for 
the  transaction  of  business  every  day  in  the  year 
except  Sundays,  Christmas,  New  Year's,  Fourth  of 
July,  Thanksgiving,  the  twenty-second  of  Febru- 
ary, and  on  any  days  during  which  a  general  elec- 
tion shall  be  held,  between  the  hours  of  nine 
o'clock  A.  M.  and  five  o'clock  P.  M. 
Manner  of  tilling  vacancies. 

Sec.  22.  Whenever  vacancies  occur  in  any  of 
the  elective  offices  of  such  city,  or  city  and  county, 
and  provision  is  not  otherwise  made  in  this  or 
some  other  act  for  filling  the  same,  the  mayor  shall 
appoint,  subject  to  the  confirmation  of  the  board 
of  aldermen,  a  person  to  discharge  the  duties  of 
such  office  until  the  next  election,  when  the  va- 
cancy shall  be  filled  by  election  for  the  unexpired 
term.  All  persons  so  appointed  shall,  before  enter- 
ing upon  their  duties,  take  the  oath  of  office,  and 
give  bonds  as  required  by  law. 
What  fees  paid  out  of  treasury. 

Sec.  23.  No  fees  or  compensation  to  be  paid  out 
of  the  treasury,  other  than  those  expressly  al- 
lowed in  this  chapter,  shall  be  allowed  or 
received  by  any  officer  of  such  city,  or  city 
and  county,  or  of  any  district,  or  other  sub- 
division thereof;  nor  shall  any  allowance  or  pro- 
vision be  made  for  them,  or  any  of  them,  at  the 
public  expense  beyond  the  fixed  compensation  here- 
in provided  under  the  name  of  office  rent,  fuel, 
lights,  stationery,  contingencies,  extra  services,  or 
otherwise,  except  the  compensation  or  percentage 
allowed  to  the  tax  collector  and  to  the  assessor 
in  the  collection  of  poll-taxes,  and  except  that  the 
necessary  and  proper  books,  stationery,  and  offi- 
cial blanks  may,  at  the  discretion  of  the  munici- 
pal council,  be  purchased  and  supplied  for  all  the 
courts  of  such  city,  or  city  and  county,  its  officers, 
municipal  council,  and  other  boards,  and  officers, 
the  expense  whereof,  when  the  amount  in  each 
particular  case  shall  have  been  previously  author- 
ized and  fixed  by  the  municipal  council,  may  be 
Geu.  Laws — .52 


614  Municipal  Corporations. 

paid  out  of  the  general  fund,  upon  demand  upon 
the  treasury  duly  audited,  as  in  this  chapter  pro- 
vided. 
Bonds,  how  criven. 

Sec.  24.  All  officers  of  such  city,  or  city  and 
county,  must,  before  they  can  enter  upon  their  offi- 
cial duties,  give  a  bond  as  required  by  law.  The 
bonds  and  sureties  of  such  officers  must  be  ap- 
proved by  the  president  of  the  board  of  aldermen, 
auditor,  and  a  judge  of  the  superior  court,  in  and 
for  such  city  and  county,  or  in  and  for  the  county 
in  which  such  city  may  be  situated.  When  the 
amount  of  such  official  bond  is  not  fixed  by  law, 
it  shall  be  fixed  by  the  municipal  council.  No 
banker  residing  or  doing  business  in  such  city, 
or  city  and  county,  nor  any  such  banker's  partner, 
clerk,  employee,  agent,  attorney,  father,  or  broth- 
er, shall  be  received  as  surety  for  the  treasurer, 
mayor,  sheriff,  auditor,  or  any  officer  having  the 
collection,  custody,  or  disbursement  of  money.  No 
person  can  be  admitted  as  surety  on  any  such 
bond  unless  he  be  worth,  in  fixed  property,  includ- 
ing mortgages,  situated  in  such  city,  or  city  and 
county,  the  amount  of  his  undertaking  over  and 
above  all  sums  for  which  he  is  already  liable,  or 
in  any  manner  bound,  whether  as  principal,  indors- 
er,  or  security,  or  whether  such  prior  obligation  or 
liability  be  conditional  or  absolute,  liquidated,  or 
unliquidated,  certain  or  contingent,  due  or  to  be- 
come due.  All  persons  offered  as  sureties  on  offi- 
cial bonds  must  be  examined  on  oath  touching 
their  qualifications.  The  official  bond  of  the  audi- 
tor shall  be  filed  and  kept  in  the  office  of  the 
clerk  of  sucli  city,  or  city  and  county.  All  other 
official  bonds  shall  be  filed  and  kept  in  the  office 
of  tlio  auditor;  provided  that  the  bonds  and  sure- 
ties of  the  mayor  must  be  approved  by  the  chair- 
man of  the  house  of  assistant  aldermen,  auditor, 
and  a  judge  of  the  superior  court  in  and  for  such 
city  and  county,  or  in  and  for  the  county  in  which 
such  city  may  be  situated;  and  that  the  bonds  and 
sureties  of  the  auditor  must  be  approved  by  the 
president  of  the  board  of  aldermen,  the  chairman 
of  the  house  of  assistant  aldermen,  and  a  judge 
of  the  superior  court  in  and  for  such  city  and 
county,  (»r  in  and  for  the  county  in  which  such  city 
may  be  situated. 


Municipal  Corporations.  615 

Compensation. 

Sec.  25.    The  compensation  or  salary  of  an  offi- 
cer provided  for  in  this  chapter  shall  not  be  in- 
creased or  reduced  after  his  election  or  during?  his 
term  of  office. 
Salaries. 

Sec.  26.  The  salaries  of  the  officers,  clerks,  dep- 
uties, or  employees  of  such  city  and  county,  ex- 
cept as  otherwise  in  this  chapter  provided,  shall 
be  as  follows,  and  payable  in  monthly  installments 
at  the  end  of  each  and  every  month,  viz: 
Mayor  and  clerk. 

1.  The  salary  of  the  mayor  shall  be  four  thou- 
sand dollars  per  annum;  he  may  appoint  a  clerk, 
to  be  known  as  the  mayor's  clerk,  whose  salary 
shall  be  one  thousand  eight  hundred  dollars  per 
annum. 

Sheriff,  deputies,   attorney,  etc. 

2.  The  salary  of  the  sheriff  shall  be  six  thousand 
dollars  per  annum;  he  may  appoint  one  under- 
sheriff,  whose  salary  shall  be  two  thousand  four 
hundred  dollars  per  annum;  one  book-keeper, 
whose  salary  shall  be  two  thousand  four 
hundred  dollars  per  annum,  he  may  appoint  twen- 
ty-five deputies,  each  of  whom  shall  receive  a  sal- 
ary of  one  thousand  six  hundred  dollars  per 
annum,  one  of  which  said  deputies  shall  be  as- 
signed to  and  perform  the  duties  of  assistant  book- 
keeper; sixteen  deputies,  whose  salaries  shall  be 
one  thousand  five  hundred  dollars  per  annum;  one 
counsel,  who  shall  be  an  attorney  of  the  supreme 
court  of  the  state,  whose  salary  shall  be  one  thou- 
sand eight  hundred  dollars  per  annum;  one  ma- 
tron, whose  salary  shall  be  nine  hundred  dol- 
lars per  annum;  one  driver  of  prison  wagon,  whose 
salary  shall  be  nine  hundred  dollars  per  annum. 
Auditor  and  deputies. 

3.  The  salary  of  the  auditor  shall  be  four  thou- 
sand dollars  per  annum;  he  may  appoint  one 
deputy,  whose  salary  shall  be  two  thousand  four 
hundred  dollars  per  annum;  and  two  clerks,  at  a 
salary  of  one  thousand  six  hundred  dollars  per 
annum  each. 

Treasurer  and  deputies. 

4.  The  salary  of  the  treasurer  shall  be  four  thou- 
sand dollars  per  annum;  he  may  appoint  one  chief 


616  Municipal  Corporations. 

deputy,  wliose  salary  shall  be  two  thousand  four 
hundred    dollars    per   annum,   and    one    deputy, 
whose  salary  shall  be  two  thousand  one  hundred 
dollars  per  annum. 
Tax  collector,  deputies,  etc. 

5.  The  salary  of  the  tax  collector  shall  be  four 
thousand  dollars  per  annum;  he  may  appoint  one 
chief  deputy,  one  cashier,  each  of  whom  shall  re- 
ceive a  salary  of  two  thousand  dollars  per  annum, 
and  ten  permanent  deputies,  whose  salary  shall 
be  one  thousand  six  hundred  dollars  per  annum 
each. 

Assessor,  deputies,  etc. 

6.  The  salary  of  the  assessor  shall  be  four  thou- 
sand dollars  per  annum;  he  may  appoint  one  chief 
'Office  deputy,  one  chief  field  deputy,  and  one  head 
draug:htsman,  each  of  whom  shall  receive  a  sal- 
ary of  two  thousand  dollars  per  annum;  an  assist- 
ant draughtsman,  who  shall  receive  a  salary  of 
one  thousand  eight  hundred  dollars  per  annum; 
and  eleven  office  deputies,  each  of  whom  shall  re- 
ceive a  salary  of  one  thousand  eight  hundred  dol- 
lars per  annum.  He  may  also  appoint  such  addi- 
tional deputies  as  may  be  allowed  by  the  munici- 
pal council,  at  salaries  not  to  exceed  five  dollars 
per  day  each,  for  such  time  as  they  may  be  em- 
ployed. 

Recorder,  deputies,  etc. 

7.  The  salary  of  the  recorder  shall  be  three  thou- 
sand dollars  per  annum;  he  may  appoint  one  chief 
deputy,  whose  salary  shall  be  two  thousand 
four  hundred  dollars  per  annum,  and  two 
deputies,  each  of  whom  shall  receive  a  salary  of 
one  thousand  eight  hundred  dollars  per  annum; 
also,  two  porters,  who  shall  perform  the  duties 
of  watchmen,  each  of  whom  shall  receive  a  salary 
of  nine  hundred  dollars  per  annum. 

County  clerk,  deputies,  etc. 

8.  The  salary  of  the  county  clerlv  shall  be  four 
thousand  dollars  per  annum;  he  may  appoint  depu- 
ties as  follows:  one  chief  deputy,  whose  salary 
shall  be  two  thousand  four  hundred  dollars  per 
annum;  twelve  courtroom  clerks,  twelve  registry 
clerks,  each  of  whom  shall  receive  a  salary  of  one 


Municipal  Corporations.  617 

thousand  eight  hundred  dollars  per  annum; 
twelve  assistant  registry  clerlis,  each  of 
whom  shall  receive  a  salary  of  one  thou- 
sand five  hundred  dollars  per  annum;  and  twelve 
copyists,  each  of  whom  shall  receive  a  salary  of 
one  thousand  six  hundred  dollars  per  annum;  and 
such  county  clerk,  when  the  exigencies  of  his  of- 
fice shall  require,  may,  in  his  discretion, 
employ  such  additional  copyists  as  shall  be 
necessary,  at  a  compensation  not  to  exceed 
three  dollars  per  day  for  the  days  of  actual 
service,  provided,  said  number  shall  not  exceed 
at  any  one  time  three  copyists  for  each  judge  of 
the  superior  court,  to  be  paid  from  the  treasury  in 
the  same  manner  as  the  salaries  herein  provided 
for  are  to  be  paid. 
District  attorney,  assistants,  etc. 

9.  The  salary  of  the  district  attorney  shall  be  five 
thousand  dollars  per  annum;  he  may  appoint  two 
assistants,  who  shall  be  attorneys  of  the  supreme 
court  of  this  state,  each  of  whom  shall  receive  a 
salary  of  two  thousand  four  hundred  dollars  per 
annum,  and  two  clerlvs,  who  shall  be  attorneys  of 
the  supreme  court  of  the  state,  each  of  whom 
shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum. 

City  and  county  attorney  and  assistants. 

10.  The  salary  of  the  city,  or  city  and  county, 
attorney  shall  be  four  thousand  dollars  per  an- 
num; he  may  appoint  two  assistants,  who  shall  be 
attorneys  of  the  supreme  court  of  this  state,  each 
of  whom  shall  receive  a  salary  of  two  thousand 
four  hundred  dollars  per  annum;  and  one  copy- 
ist, who  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum. 

Coroner  and  deputies. 

11.  The  salary  of  the  coroner  shall  be  three  thou- 
sand dollars  per  annum;  he  may  appoint  two  dep- 
uties, one  to  act  as  first  deputy,  whose  salary  shall 
be  one  thousand  six  hundred  dollars  per  annum, 
the  other  to  act  as  second  deputy  and  whose  salary 
shall  be  one  thousand  five  hundred  dollars  per  an- 
num; and  one  messenger,  to  take  charge  of  the 
dead-wagon,  and  perform  such  other  duties  as  are 
required  by  the  coroner  or  his  deputies.    The  sal- 


618  Municipal  Corporations. 

ary  of  tlie  messenger  shall  be  nine  hundred  dollars 

per  annum. 

Superintendent  of  streets  and  deputies. 

12.  The  salary  of  superintendent  of  streets  shall 
be  four  thousand  dollars  per  annum;  he  may  ap- 
point twenty  deputies;  three  of  said  deputies  shall 
receive  a  salary  of  two  hundred  dollars  per  month 
each,  and  seven  of  said  deputies  shall  receive  a 
salary  of  one  hundred  and  fifty  dollars  per  month 
each,  and  ten  of  said  deputies  shall  receive  a  sal- 
ary of  one  hundred  and  tvrenty-five  dollars  per 
month  each. 

Surveyor. 

13.  The  salary  of  the  city,  or  city  and  county, 
surveyor,  shall  be  four  thousand  dollars  per  an- 
num; he  may  appoint  as  many  deputies,  not  to  ex- 
ceed four,  as  the  municipal  council  shall  from 
time  to  time  determine  are  necessary,  who  shall 
receive  such  compensation  as  such  municipal 
council  shall  provide,  not  to  exceed  the  sum  of 
five  dollars  per  day  when  actually  employed. 
Superintendent  of  schools. 

14.  The  salary  of  the  superintendent  of  schools 
shall  be  three  thousand  dollars  per  annum. 
Police  .iudgc'. 

15.  The  salary  of  each  of  the  police  judges  shall 
be  four  thousand  dollars  per  annum. 
Prosecuting  attorney. 

16.  Tlie  salary  of  the  prosecuting  attorney  of 
the  police  court  shall  be  twenty-four  hundred  dol- 
lars per  annum;  and  his  two  assistants  shall  each 
receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum. 

Justices  of  the  peace. 

.    17.  The  salary   of  the  presiding  justice  of  the 

justices'  court  shall  be  three  thousand  dollars  per 

finnum;    and    each   of   the   other   justices    of   the 

peace  sliall  receive  a  salary  of  two  thousand  four 

hundred  dollars  per  annum. 

Clerlv  of  the  justices'  court. 

18.  The  salary  of  the  cleric  of  the  justices'  court 
shall  be  two  tliousand  four  hundred  dollars  per  an- 
num; his  two  deputies  shall  receive  a  salary  of 
one  tliousand  two  hundred  dollars  per  annum. 


Municipal  Corporations.  619 

Collector  of  licenses. 

19.  The  salary  of  the  collector  of  licenses  shall 
be  three  thousand  dollars  per  annum.  He  may  ap- 
point one  chief  deputy,  who  shall  receive  one  thou- 
sand eight  hundred  dollars  per  annum,  and  twelve 
deputies,  who  shall  receive  a  salary  of  one  thou- 
sand five  hundred  dollars  per  annum  each. 
Officers  not  to  be  interested  in  contracts,  etc. 

Sec.  27.  Any  officer  or  commissioner  of  such 
city,  or  city  and  county,  or  any  officer  or  member 
of  any  house,  board,  or  department  of  the  j?overn- 
ment  tliereof,  who  shall  be  directly  or  indirectly 
interested  in,  or  a  beneficiary  or  participant  of, 
the  profits  of  any  contract  made  with  or  for  such 
city,  or  city  and  county,  or  any  board  or  depart- 
ment thereof,  or  who  shall  participate  in 
the  profits  made  by  any  person  or  persons  upon 
services,  labor,  purchases,  sales,  subsistence, 
supplies,  materials,  or  any  article  or  thing 
furnished  to  or  done  for  such  city,  or  city  and 
county,  or  any  institution,  public  work,  or  branch, 
or  department  of  the  government  thereof,  or  sold 
by  the  same,  which  contract,  profit,  purchase, 
sale,  or  supply  is  made,  or  could  have  been  made, 
influenced,  or  brought  about,  through  or  by  means 
of  the  official  action  or  conduct  of  such  officer, 
commissioner,  or  member  of  such  board,  except 
the  official  salary  or  compensation  of  such  officer, 
commissioner,  or  member  of  such  board  or  de- 
partment provided  expressly  by  law,  shall  be 
deemed  guilty  of  a  felony,  and,  on  conviction  by 
any  court  of  competent  jurisdiction,  punished  ac- 
cordingly. Any  commissioner,  officer,  clerk,  or 
other  person  having  custody  of  or  access  to  any 
bids  or  proposals,  whether  sealed  or  otherwise, 
for  supplying  or  furnishing  any  goods,  provisions, 
subsistence,  labor,  material,  printing,  or  other 
thing  of  any  nature,  or  constructing,  cleaning, 
or  repairing  any  work  or  thing,  or  doing  or  fur- 
nishing anything  whatsoever  to  such  city  and 
county,  or  any  department,  board,  commissioner, 
or  officer  thereof,  who  shall  open  or  examine  into 
any  one  or  more  of  such  bids,  proposals,  or  change, 
interline,  alter,  or  otherwise  tamper  with  the 
same,  or  shall  purposely  find  out  the  contents 
thereof,  or  who  shall  aid,  abet,  assist,  or  permit 


620  Municipal  Corporations. 

another  so  to  do,  before  or  in  advance  of  the  time 
prescribed  by  law  for  the  opening  thereof,  or  any 
lawful  postponement  of  such  time,  shall  be  deem- 
ed guilty  of  a  felony,  and,  on  conviction  by  any 
court  of  competent  jurisdiction,  shall  be  pun- 
ished accordingly. 
Questions  of  difference,  how  settled. 

Sec.  28.  All  questions  of  differences  between  the 
officers  of  such  city,  or  city  and  county,  as  to  their 
relative  duties,  may  be  referred  by  either  of  them 
to  the  city,  or  city  and  county,  attorney,  who  shall 
examine  and  determine  such  questions,  and  his 
decision  shall  be  final  as  between  such  officers. 
Reports  of  officers. 

Sec.  29.  The  following  officers,  and  the  heads 
of  the  following  departments  of  such  city,  or 
city  and  county,  shall  report  to  the  municipal 
council  on  or  before  the  first  day  of  August  of 
each  year  the  condition  of  their  respective  depart- 
ments during  the  fiscal  year  ending  June  thirtieth 
previous  thereto,  embracing  all  their  operations 
and  expenditures:  Auditor,  assessor,  tax  collector, 
county  clerli,  superintendent  of  streets,  fire  de- 
partment, hospital,  alms-house,  parli  commission- 
ers, treasurer,  sheriff,  county  recorder,  city,  or  city 
and  county  surveyor,  license  collector,  public 
schools,  fire-alarm  and  police  telegraph,  pound- 
keeper,  board  of  health,  city  or  city  and  county 
attorney,  industrial  school,  police,  coroner,  health- 
officer,  justices'  court,  city-hall  commissioners, 
home  for  the  care  of  the  inebriate,  board  of  elec- 
tion directors,  commissioner  of  elections,  house  of 
correction,  city  cemetery,  free  public  library,  and 
the  building  committee  of  the  municipal  council. 
Immediately  after  the  first  Monday  in  February, 
the  mayor  and  municipal  council  shall  malve  up 
and  publish  an  extract  from  these  several  reports 
and  other  sources,  of  the  operations,  expendi- 
tures, and  condition  of  all  departments  of  govern- 
ment of  such  city,  or  city  and  county. 


Municipal   Corporations.  621 


Article  III.— Legislative  Department. 

Legislative  power,   hoTV  vested. 

Sec.  40.  The  legislative  power  of  such  city,  or 
city  and  county,  shall  be  vested  in  a  body  to  be 
styled  the  "municipal  council,"  which  shall  be 
composed  of  two  boards  or  houses  of  legislation, 
one  to  be  called  the  "board  of  aldermen,"  and  the 
other  the  "house  of  assistant  aldermen." 
Board  of  aldermen,  how  elected. 

Sec.  41.  The  board  of  aldermen  shall  consist  of 
twelve  persons,  to  be  elected  by  general  ticket, 
from  the  city,  or  city  and  county,  at  large,  the 
members  of  which  shall  hold  office  for  the  term  of 
four  years,  to  commence  on  the  first  Monday  af- 
ter the  first  day  of  January  next  following  their 
election,  except  that  of  the  aldermen,  who  are 
elected  at  the  first  election  under  this  chapter; 
the  six  receiving  the  smallest  number  of  votes 
shall  hold  their  office  for  two  years  only;  so  that 
thereafter  only  six  shall  be  elected  eveiT  two 
years.  In  case  of  a  tie  vote  at  such  first  election, 
the  question  of  which  aldermen  shall  hold  the  full 
and  which  the  short  term  shall  be  determined  be- 
tween the  candidates  so  tied  by  lot.  The  alder- 
men shall  receive  each  a  salary  of  one  thousand 
two  hundred  dollars  a  year,  payable  in  monthly 
installments,  out  of  the  general  fund. 
Secretary. 

Sec.  42.  The  board  of  aldermen  shall  appoint  a 
secretary,  with  a  salary  not  to  exceed  two  hun- 
dred dollars  a  month,  who  shall  keep  the  records 
of  said  board.  He  shall  hold  office  during  the 
pleasure  of  the  board.  He  shall  have  power  to 
administer  oaths  and  affirmations  in  all  cases,  and 
to  certify  and  authenticate  copies  of  all  records, 
papers,  and  documents  in  his  official  custody,  and 
shall  perform  any  other  services  required  by  the 
board. 
Assistant  aldermen. 

Sec.  43.    The  house  of  assistant  aldermen  shall 
consist  of  twelve  persons,  to  be  elected  every  two 


622  Municipal  Corporations. 

years,  one  each  by  the  qualified  electors  of  the  re- 
spective wards,  into  twelve  of  which  such  city, 
or  city  and  county,  shall  be  divided  for  such 
purpose.  The  assistant  aldermen  shall  hold  office 
for  the  term  of  two  years,  to  commence  on  the 
first  Monday  after  the  first  day  of  January  next 
following  their  election,  and  shall  receive  each  a 
salary  of  one  thousand  two  hundred  dollars  a 
year,  payable  monthly  out  of  the  general  fund. 
Salary  of  cleric. 

Sec.  44.  The  house  of  assistant  aldermen  may 
appoint  a  clerk,  who  shall  keep  their  records,  and 
hold  office  during  their  pleasure.  He  shall  have  a 
salary  not  to  exceed  two  hundred  dollars  a  month; 
shall  have  power  to  administer  oaths  and  affirma- 
tions, and  to  certify  and  authenticate  all  records, 
documents,  and  papers  in  his  official  custody.  He 
shall  perform  any  other  service  required  of  him 
by  the  house. 
Vacancy,  how  filled. 

Sec.  45.  Any  vacancy  occurring  in  either  board 
shall  be  filled  by  the  mayor;  and  the  person  ap- 
pointed to  fill  such  vacancy  shall  hold  office  till 
the  next  election  by  the  people,  and  until  his  suc- 
cessor is  qualified. 
Qualification. 

Sec.  4G.  Every  member  of  the  board  of  alder- 
men shall  be  a  qualified  voter,  at  least  twenty- 
five  years  of  age,  and  shall  have  been  a  citizen  of 
the  United  States  and  of  this  state,  and  a  resident 
of  such  city,  or  city  and  county,  for  three  years 
next  before  his  election  or  appointment. 
Qualification. 

Sec.  47.  Every  member  of  the  house  of  assistant 
aldermen  shall  be  a  qualified  voter,  at  least  twen- 
ty-five years  of  age,  shall  have  been  a  citizen  of 
the  United  States  and  of  this  state,  and  a  resident 
of  such  city,  or  city  and  county,  at  least  two 
years,  and  of  the  ward  from  which  he  is  elected  or 
appointed  at  least  one  year  next  before  his  election 
or  appointment. 
Qualification. 

Sec.  48.  Every  member  of  either  branch  of  the- 
municipal  council  shall,  at  all  times  during  his 
incumbency  of  said  office,   possess  the  following 


Municipal  Corporations.  623 

qualifications:  He  shall  not  be,  directly  or  indi- 
rectly, interested  in  any  contract  with  such  city, 
or  city  and  county,  or  any  department  or  institu- 
tion thereof.  He  shall  not  have  been  convicted 
of  malfeasance  in  office,  bribery,  or  other  corrupt 
practices  or  crimes.  Any  member  who  fails  to  pos- 
sess, or  who  shall  at  any  time  during  his  term 
of  office  cease  to  possess,  any  of  the  qualifications 
mentioned  in  this  act  as  a  qualification  shall  there- 
by forfeit  his  seat  in  the  board  or  house  to  which 
he  belongs,  and  the  vacancy  shall  be  filled  as  in 
other  cases.  If  any  member  of  either  branch  ab- 
sent himself  from  the  state,  or  neglect  to  attend 
the  meeting  of  the  board  or  house  to  which  he  be- 
longs, for  a  period  of  thirty  days,  his  office  shall 
be  declared  vacant  by  said  board,  and  a  successor 
must  be  appointed,  to  hold  till  the  next  election  by 
the  people,  as  provided  in  other  cases. 
Rules  of  houses  of  aldermen. 

Sec.  49.  Each  board  or  house  snail  elect  its  own 
officers,  except  as  to  the  presiding  officer  of  the 
board  of  aldermen.  The  mayor  shall  preside  at  all 
the  sessions  of  the  board  of  aldermen,  without  the 
right  to  vote.  In  his  absence,  during  any  session, 
the  board  shall  appoint  one  of  its  members  as 
president  pro  tempore,  who  shall,  however,  have 
the  same  right  to  vote  as  other  members.  Each 
house  shall  be  the  judge  of  the  election  returns 
and  qualifications  of  its  own  members,  and  may 
determine  the  rules  of  its  own  proceedings,  ex- 
cept as  herein  provided.  Each  house  shall  keep 
a  record  of  its  acts,  and  allow  the  same  to  be  pub- 
lished, and  the  yeas  and  nays  on  any  question 
shall,  at  the  request  of  any  member,  be  entered  on 
the  journal  of  the  house;  may  arrest  and  punish 
by  fine,  not  exceeding  five  hundred  dollars,  or  im- 
prisonment as  provided  by  ordinance,  not  exceed- 
ing thirty  days,  or  both,  any  person  not  a  member 
who  shall  be  guilty  of  disrespect  to  the  board  or 
house  by  disorderly  or  contemptuous  behavior  in 
its  presence  during  its  session;  may  punish  its 
members  for  disorderly  conduct,  and,  with  the  con- 
currence of  two-thirds  of  all  the  members  elect, 
may  expel  a  member. 


G24  Municipal  Corporations. 

Quorum. 

Sec.  50.  The  house  of  assistant  aldermen  shall 
elect  one  of  their  own  number  presiding  oflBcer  of 
said  house,  who  shall  be  designated  as  the  "chair- 
man" thereof.  A  majority  of  the  members  of 
either  house  shall  constitute  a  quorum  to  do  busi- 
ness; and  no  regulation,  resolution,  ordinance,  or 
order  of  either  house  can  pass  without  the  concur- 
rence of  a  majority  of  all  the  members  elected  or 
appointed  to  such  house;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel 
the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  the  house  or  board 
may  provide. 
Sessions  shall  be  public. 

Sec.  51.  All  sessions,  acts,  and  resolutions  of 
each  house  shall  be  public.  Neither  house  shall, 
without  the  consent  of*  the  other,  adjourn  for 
more  than  seven  days  at  any  one  time,  nor  to  any 
other  place  than  that  in  which  the  two  houses  may 
be  sitting. 

Not  eligible  to  any  other  office. 

Sec.  52.  No  member  of  the  municipal  council 
shall,  during  the  time  for  which  he  is  elected,  be 
eligible  or  appointed  to  any  other  office  under  the 
city,  or  city  and  county,  except  such  offices  as 
may  be  filled  by  election  by  the  people;  nor  shall 
any  member,  while  such,  be  an  employee  of  such 
city,  or  city  and  county,  or  any  board  or  deuart- 
ment  thereof,  or  of  either  branch  of  the  municipal 
council,  in  any  capacity  whatever;  and  no  compen- 
sation shall  be  audited  or  paid  for  services  as  such 
officer  or  employee;  and  no  act,  ordinance,  or  reso- 
lutions shall  ever  be  passed  whereby  any  mem- 
ber of  either  house  shall  become  the  disbursing 
officer  of  such  city,  or  city  and  county,  or  any 
board  or  department  thereof,  or  pay  out  any  of 
its  money  upon  any  pretense  whatever. 

Limitations  on  contracts. 

Sec.  53.  No  member  of  the  municipal  council,  or 
of  the  board  of  education,  or  any  officer  of  such 
city,  or  city  and  county,  or  of  any  ward  thereof, 
shall  have  any  power  to  contract  any  debt  or  lia- 
bility whatsoever  against  such  city,  or  city  and 
county,  nor  shall  the  people,  or  tax-payers,  or  any 


Municipal  Corporations.  625 

property  therein,  ever  be  liable  to  be  assessed  for 
or  on  account  of  any  debt  or  liability  hereafter 
contracted,  or  attempted  to  be  contracted,  in  con- 
travention of  this  chapter. 

Finance  committee. 

Sec.  54.  The  municipal  council  shall  appoint  a 
joint  committee  of  five,  three  from  the  board  of 
aldermen,  and  two  from  the  house  of  assistant  al- 
dermen, to  be  denominated  the  "finance  commit- 
tee," which  committee  may  at  any  time,  and  shall 
whenever  required  by  the  municipal  council,  or 
either  branch  thereof,  investigate  the  transactions 
and  accounts  of  any  and  all  officers  appertaining 
to  the  government  of  such  city,  or  city  and  coun- 
ty, having  the  collection,  custody,  or  disbursement 
of  public  money,  or  having  the  power  to  approve, 
allow,  or  audit  demands  on  the  treasurer,  and  re- 
port thereon  to  the  municipal  council.  Said  com- 
mittee shall  have  full  power  to  send  for  all  per- 
sons and  papers,  and  enter  into,  examine,  inquire, 
and  investigate  all  offices  and  places,  to  admin- 
ister oaths  and  affirmations,  to  examine  witnesses, 
and  compel  their  attendance  by  subpoena  and  at- 
tachment for  contempt,  and  the  production  of  rec- 
ords, books,  and  papers,  and  may  imprison  in  the 
city  or  county  jail  any  person  refusing  to  appear 
or  testify,  as  well  as  any  officer  or  person  failing 
or  refusing  obedience  to  the  orders  to  show  rec- 
ords, papers,  or  books,  or  to  testify  when  required 
so  to  do.  The  sheriff  or  any  policeman  of  such 
city,  or  city  and  county,  shall  enforce  all  orders  of 
said  committee,  and  attend  upon  it  in  like  man- 
ner as  upon  courts  of  record.  The  mayor  may 
l)e  present  and  participate  in  such  investigations. 
When  municipal  council  shall  meet. 

Sec.  55.  The  municipal  council  shall  meet  on  the 
first  Monday  after  the  first  day  of  January,  and 
on  the  first  Mondays  of  April,  July,  and  October 
of  each  year,  and  at  such  other  times  as  required 
by  law,  and  may  be  specially  convoked  by  the 
mayor  as  herein  provided. 
Passage  of  ordinances. 

Sec.  56.  No  ordinance  shall  be  passed  except  by 
bill,  and  no  bill  shall  be  so  amended  in  its  pas- 
sage as  to  change  its  original  object.    No  bill  shall 
Gen.  Laws~53 


i;2G  Municipa.1  Corporations. 

contain  more  tlian  one  subject,  which  shall  be  ex- 
pressed by  its  title.  On  the  final  passage  of  all 
bills  the  vote  shall  be  by  "yeas"  and  "nays"  upon 
each  bill,  separately,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  shall  be  en- 
tered on  the  journal.  Bills  may  originate  in  either 
house,  and  no  bill  shall  be  passed  by  either  house 
except  by  a  majority  vote  of  all  the  members 
elected  or  appointed  to  either  house. 
Amendments,  how  concurred  in. 

Sec.  57.  No  amendments  to  bills  by  either  house 
shall  be  concurred  in  by  the  other  except  by  a 
vote  of  a  majority  of  all  the  members  elected 
or  appointed  thereto,  taken  by  yeas  and  nays,  and 
the  names  of  those  voting  for  and  against  recorded 
upon  the  journal  thereof;  and  reports  of  com- 
mittees of  conference  shall  be  adopted  by  either 
house  only  by  the  vote  of  a  majority  of  all  the 
members  elected  thereto,  taken  by  "yeas"  and 
"nays."  and  the  names  of  those  voting  recorded 
upon  the  journals. 
Re-enacting  ordinances. 

Sec.  58.    No    ordinance  shall  be    revived,  re-en- 
acted, or  amended,  by  mere  reference  to  its  title, 
but  such  ordinance  or  section  shall  set  forth  at 
length,  as  if  it  revived,  re-enacted,  or  amended. 
Reconsideration. 

Sec.  59.  When  a  bill  is  put  upon  its  final  pas- 
sage in  either  house,  and  failing  to  pass,  a  motion 
is  made  to  reconsider  the  vote  by  which  it  was  de- 
feated, the  vote  upon  such  motion  to  reconsider 
shall  be  taken  up,  and  the  subject  finally  disposed 
of  at  the  next  meeting  of  the  council,  unless  such 
house,  by  a  two-thirds  vote,  decides  to  act  upon 
such  reconsideration  at  the  same  meeting. 
Signing  bills. 

Sec.  (JO.  No  bill  shall  become  an  ordinance  until 
the  same  shall  have  been  signed  by  the  presiding 
officer  of  each  of  the  two  houses  in  open  session, 
in  authenticatictu  of  its  adoption  by  such  house. 
In  signing  such  bill  for  authentication,  the  pre- 
siding officer  shall  call  the  attention  of  the  house  to 
the  bill,  and  that  he  is  about  to  sign  it,  and  if 
any  member  request,  the  bill  shall  be  read  at 
length  for  information  as  to  its  correctness  as  en- 


Municipal  Corporations.  627 

rolled.  If  any  member  object  that  the  bill  is  not 
the  same  in  substance  and  form  as  when  consid- 
ered and  passed  by  the  house,  such  objection 
shall  be  passed  upon,  and  if  sustained,  the  pre- 
siding officer  shall  withhold  his  signature,  and  the 
bill  shall  then  be  corrected,  and  finally  disposed 
of,  and  signed,  before  the  house  proceeds  to  any 
other  business. 
Appropriation  bills. 

See.  61.  No  general  appropriation  act  or  author- 
ization shall  ever  be  passed,  but  all  appropria- 
tions shall  be  for  the  specific  amount  of  the  claim 
to  be  paid,  and  no  more;  and  each  ordinance  or 
resolution  authorizing  the  payment  of  money  shall 
contain  one  claim  only,  which  shall  be  expressed 
in  the  title.  Every  ordinance  or  resolution  of  the 
municipal  council  providing  for  any  specific  im- 
provement, the  granting  of  any  privilege,  or  in- 
volving the  lease  or  appropriation  of  public  prop- 
erty, or  the  expenditures  of  public  moneys,  ex- 
cept for  sums  less  than  five  hundred  dollars,  or 
levying  tax  or  assessment,  and  every  ordinance  or 
resolution  imposing  a  new  duty  or  penalty,  shall, 
after  its  introduction  in  either  house,  be  published, 
with  the  "yeas"  and  "nays,"  in  a  newspaper  doing 
the  city  and  county  printing,  at  least  five  succes- 
sive days  befoj-e  final  action  upon  the  same  by  the 
house  in  which  it  was  introduced;  and  in  case 
such  ordinance  or  resolution  shall  be  amended 
before  final  passage  in  said  house,  then  the  bill 
as  amended,  shall  be  so  published,  in  the  same 
manner,  before  final  action  by  such  house  thereon; 
and  every  such  ordinance,  after  the  same  shall 
have  passed  both  houses,  shall,  before  it  takes  ef- 
fect, be  presented  to  the  mayor  for  his  approval. 
If  he  approves,  he  shall  sign  it;  if  not,  he  shall  re- 
turn it  within  ten  days  to  the  house  in  which  the 
same  originated,  with  his  objections  in  writing. 
Said  house  shall  then  enter  the  objections  on  the 
journal,  and  publish  them  in  the  newspaper  doing 
the  city  printing.  At  the  next  stated  meeting  there- 
after, said  house  shall  proceed  to  reconsider  such 
bill.  If,  after  such  reconsideration,  it  again  passes 
both  houses  by  the  votes  of  nine  of  the  members 
elected  or  appointed  to  each  house  voting  therefor, 
it  shall  become  a  law,  notwithstanding  the  may- 


628  Municipal  Corporations. 

or's  objections.  Should  any  such  ordinance  or  res- 
olution not  be  returned  by  the  mayor  within  ten 
days  after  he  receives  it,  it  shall  become  valid, 
the  same  as  if  it  had  received  his  signature. 
Where  a  claim  against  the  treasury  amounts  to 
more  than  five  hundred  dollars,  it  shall  not  be 
lawful  to  divide  or  breali  up  the  same  into  several 
sums  of  less  than  that  amount  so  as  to  evade 
the  provisions  of  this  section  concerning  claims; 
and  any  effort  or  attempt  to  accomplish  such 
unlawful  division,  or  breaking  up  a  claim,  shall  be 
deemed,  as  to  every  member  of  the  municipal 
council  or  other  officer  consenting  thereto,  or  aid- 
ing the  same,  a  misdemeanor  in  office,  and  be 
cause  for  his  removal.  All  ordinances  authorizing 
the  payment  of  any  money  out  of  the  treasury,  or 
any  claim  thereon,  shall  be  referred  to  the  appro- 
priate standing  committee  of  the  house  where  the 
bill  is  introduced,  who  shall  present  the  same  to 
the  auditor,  in  order  that  he  may  certify  that  there 
is  sufficient  money  in  the  proper  fund  out  of 
which  such  claim  can  lawfully  be  paid,  and  that 
such  appropriation  can  be  made  without  violating 
the  provisions  of  this  chapter;  and  until  the  au- 
ditor certifies  in  writing,  signed  by  his  name,  tliat 
there  is  sufficient  money  in  the  proper  fund,  and 
that  the  authorization  can  be  made  without  vio- 
lating the  provisions  of  this  chapt'er,  no  further 
proceedings  shall  be  had  with  such  bill.  It  shall  be 
the  duty  of  the  auditor,  with  reasonable  prompt- 
ness, to  ascertain  the  facts,  and  to  give  the  certifi- 
cate when  the  facts  warrant  him  in  doing  so,  and 
not  otherwise. 
Powers. 

Sec.   02.  The  powers  of  the   municipal   council, 
and  all  other  boards,  commissioners,  and  officers, 
are   those   specially   named   in   this   chapter,    and 
they  are  prohibited  from  exercising  any  other. 
Enacting  clause. 

Sec.  63.  The  enacting  clause  of  ordinances  shall 
be  in  the  following  terms:  "The  municipal  council 

of  the  city  and  county  of  ,  or  city  of  (as 

the  case  may  be),  hereby  ordains  as  follows." 
Further  powers. 

Sec.  ()4.  Tlie  municipal  council  shall  further  have 
poM'er  by  regulation  or  ordinance: 


i 


Municipal  Corporations.  629 

Selling  and  leasing  property. 

1.  To  provide  for  the  security,  custody,  and  ad- 
ministi'ation  of  all  property  of  such  city,  or  city 
and  county,  and  to  purchase  land  required  for  mu- 
nicipal purposes  without  any  power  to  sell  or  in- 
cumber the  same,  or  lease  any  part  thereof  for 
more  than  three  years;  except,  however,  that 
such  personal  property  belonging  to  the  fire,  street, 
or  other  departments,  as  they  deem  unsuited  to 
the  uses  and  purposes  for  which  the  same  was  de- 
signed, or  so  much  worn  and  dilapidated  as  not 
to  be  worth  repairing,  may  be  sold  or  exchanged. 
Opening  streets. 

2.  To  provide  for  cases  omitted  in  this  chapter^ 
and  in  conformity  with  the  principles  adopted 
in  it,  for  opening,  altering,  extending,  construct- 
ing, repairing,  or  otherwise  improving  public 
streets  and  highways  at  the  expense  of  the  prop- 
erty benefited  thereby,  without  any  recourse  in 
any  event  upon  such  city,  or  city  and  county,  or 
the  public  treasury,  for  any  portion  of  the  ex- 
pense of  such  worli,  or  any  delinquency  of  the 
property  holders  or  owners. 

Lighting  streets. 

3.  To  provide  for  lighting  the  streets.  But  no 
contract  for  lighting  streets  or  public  buildings 
shall  ever  be  made  for  more  than  one  year  in 
duration;  nor  shall  any  contract  to  pay  more  for 
gas  or  other  illuminating  material  than  is  legally 
charged  to  ordinary  consumers,  or  than  the  usual 
market  rates,  be  valid. 

To  provide  water, 

4.  To  provide  water  for  all  municipal  purposes, 
and  to  pay  for  the  same  where  lawful  and  neces- 
sary. In  case  water  is  supplied  to  such  city,  or 
city  and  county,  for  municipal  purposes,  any  per- 
son, corporation,  or  association  holding  a  valid 
franchise  under  the  laws  of  this  state  to  collect 
water  rates  for  the  use  of  water,  then  such  city, 
or  city  and  county,  when  it  is  lawful  and  neces- 
sary, shall  pay  the  lawful  rates,  and  no  more, 
as  established  each  year  for  water  supplied  for 
other  than  municipal  purposes;  and  it  shall  not 
be  lawful  to  make  any  special  contract  with  such 
person,  corporation,  or  association  for  water  so 
as  to  vary  from  the  rates  fixed  by  law. 


630  Municipal  Corporations. 

To   regulate   markets. 

5.  To  regulate  marl^et-houses  and  market- 
places. 

Regulating  public  grounds. 

6.  To  provide  for  inclosing,  improving,  and  reg- 
ulating all  public  grounds  of  such  city,  or  city 
and  county. 

Establish  fire  limits,  etc. 

7.  To  proliibit  the  erection  of  wooden  buildings 
or  structures  within  any  fixed  limits  where  the 
streets  have  been  established  and  graded,  or  or- 
dered to  be  graded,  or  to  restrict  and  limit  the 
height  of  such  buildings  or  structures;  to  regulate 
the  sale,  storage,  and  use  of  gunpowder,  and  to 
restrict  the  limits  within  which  may  be  manufac- 
tured or  kept  giant-powder,  dynamite,  nitro-gly- 
ceriue.  or  other  explosive  or  combustible  materials 
and  substances,  and  the  maintenance  of  acid- 
works;  and  make  all  useful  regulations  in  relation 
to  the  manufacture,  storage,  and  transportation 
of  all  such  substances,  and  the  maintenance  of 
acid-works,  slaughter-houses,  brick-burning,  tan- 
neries, and  all  other  manufactures  and  works  of 
ev.n-y  description  tliat  may  .jeopardize  the  public 
safety,  and  to  exclude  them  from  the  city,  or  city 
and  county,  when  necessary,  or  to  restrict  them, 
or  any  of  them,  to  a  district.  To  make  all  neces- 
sary regulations  for  protection  against  fire,  as  well 
as  such  rules  and  regulations  concerning  the  erec- 
tion and  use  of  buildings  as  may  be  necessary  for 
the  safety  of  the  inhabitants. 

To  permit  laying  down  railroad  tracks. 

8.  To  permit  the  laying  down  of  railroad  tracks 
and  the  running  of  cars  thereon  along  any  street, 
or  portion  of  street,  for  the  sole  purpose  of  exca- 
vating and  filling  in  a  street,  or  a  portion  of  a 
street,  or  adjoining  lots,  and  for  such  limited  time 
as  may  be  necessary  for  the  purpose  aforesaid. 
Fix  penalties. 

and  no  longer. 

9.  To  determine  the  fines,  forfeitures,  and  pen- 
alties tliat  shall  be  incurred  for  the  breach  of 
regulations  established  by  the  said  municipal 
council,  and  also  for  a  violation  of  the  provisions 
of  this  chapter,  where  no  penalty  is  affixed  there- 


Municipal  Corporations.  631 

to  or  provided  by  law;  but  no  penalty  to  be  im- 
posed shall  exceed  the  amount  of  one  thousand 
dollars,  or  six  months'  imprisonment,  or  both. 
And  every  violation  of  any  lawful  order  or  regu- 
lation, or  ordinances  of  the  municipal  council,  is 
hereby  declared  a  misdemeanor  or  public  offense, 
and  all  prosecutions  for  the  same  shall  be  in  the 
name  of  the  people  of  the  state  of  California. 
Employment  of  prisoners. 

10.  To  regulate  and  provide  for  the  employment 
of  prisoners  sentenced  to  labor  on  the  public 
works  of  such  city,  or  city  and  county,  and  to 
maintain  and  regulate  city,  or  city  and  county, 
jails  and  prisons,  with  manufacturing  or  other 
laboring  establishments,  or  appliances  connected 
therewith. 

To  provide  certain  offices. 

11.  To  provide  a  suitable  office  and  jury-room, 
and  dead-house  or  morgue,  with  the  furniture 
necessary  to  enable  the  coroner  to  efficiently  dis- 
charge the  duties  of  his  office,  and  to  mali;e  the 
necessary  appropriation  therefor;  and  to  audit  and 
pay  for  the  necessary  expenses  of  maintaining 
the  morgue  and  offices  attached,  such  sum  as  may 
be  necessary,  not  to  exceed  seventy-five  dollars 
per  month,  out  of  the  general  fund. 

Regulate  home  of  inebriate. 

12.  To  maintain  and  regulate  a  home  of  the  ine- 
briate, in  its  discretion. 

City  prison. 

13.  To  provide  and  maintain  a  city  prison. 
Improve  cemeteries. 

14.  To  maintain  and  improve  the  city  ceme- 
teries, and  to  pay  out  of  the  general  fund  a  keep- 
er thereof,  to  be  appointed  by  the  board  of  health, 
at  a  salary  not  to  exceed  one  hundred  dollars  a 
month. 

Orant  licenses. 

15.  To  license  and  regulate  hackney-carriages 
and  other  public  passenger  vehicles,  and  to  fix 
the  rates  to  be  charged  for  the  transportation  of 
persons,  baggage,  goods,  merchandise,  and  prop- 
erty, or  either,  thereon;  and  to  license  and  regu- 
late all  vehicles  used  for  the  conveyance  of  mer- 
chandise, earth,  and  ballast,  or  either;  and  also  to 


682  Municipal  Corporations. 

license  and  regulate  persons  and  parties  em- 
ployed in  conveying  baggage,  property,  and 
merchandise,  or  either,  to  or  from  any  of  the 
wharves,  slips,  bulkheads,  or  railroad  sta- 
tions within  the  limits  of  such  city,  or  city 
and  county;  to  fix  and  establish  the  amount 
of  every  license  paid  into  the  city,  or  city  and 
county,  treasury  for  city,  or  city  and  county,  pur- 
poses; to  provide  for  the  summary  removal  and 
disposition  of  any  or  all  vehicles  found  in  the 
streets,  highways,  and  public  squares  during  cer- 
tain hours  of  the  day  or  night,  to  be  designated 
by  the  council;  and,  in  addition  to  all  other  reme- 
dies, to  provide  by  regulation  for  the  sale  or  other 
disposition  of  such  vehicles;  to  protect  the  public 
from  injury  by  runaways,  by  punishing  persons 
who  negligently  leave  horses  or  carriages  in  the 
street;  to  prescribe  the  width  of  the  tires  of  all 
drays,  truclvs.  and  carts,  in  accordance  with  the 
weight  to  be  carried  thereby,  for  the  preservation 
of  the  streets  and  highways. 
Grant  licenses. 

16.  To  regulate,  license,  and  control  the  business 
of  keeping  intelligence  offices,  prescribe  the  meth- 
od of  conducting  said  business,  and  to  enforce, 
by  fines  and  penalties,  the  payment  of  the  license, 
and  any  violation  of  the  regulation  touching  said 
business.  To  license  and  regulate  pawnbrokers, 
and  to  enact  regulations  to  protect  the  public  in 
dealing  with  them. 

Fix  fees. 

17.  To  fix  the  fees  and  charges  to  be  collected  by 
the  surveyor  of  such  city,  or  city  and  county,  for 
certificates  of  surveys  for  buildings  or  other  pur- 
poses, and  to  provide  for  a  sufficient  corps  of  dep- 
uty surveyors  to  perform  such  work,  to  be  paid 
from  such  fees  only;  also,  to  regulate  the  fees  to  be 
charged  by  the  superintendent  of  streets,  the 
county  recorder,  and  any  and  all  other  municipal 
officers  where  their  fees  are  not  otherwise  fixed  by 
law,  and  compel  the  payment  of  all  such  fees  and 
charges  into  the  city  and  county  treasury  into  the 
proper  fund,  in  accordance  with  the  provisions 
of  this  act. 


Municipal  Corporations.  633 

Enforce  collection  of  certain  moneys. 

18.  To  license  and  regulate,  for  the  purposes  of 
city,  or  city  and  county,  revenue,  all  such  call- 
ings, trades,  and  employments  as  the  public  good 
may  require  to  be  licensed  and  regulated,  and  as 
are  not  prohibited  by  law;  to  provide  for  and  en- 
force, with  penalties  or  otherwise,  the  collection 
and  due  payment  into  the  city,  or  city  and  county, 
treasury  of  all  moneys  so  due  or  raised,  and  to 
malie  all  needful  rules  and  regulations  to  govern 
the  official  conduct  and  duties  of  the  collector  of 
licenses. 

Construction  of  hydrants. 

19.  To  provide  and  pay  for  the  construction  and 
repair  of  hydrants,  fire  plugs,  cisterns,  and  pumps 
in  the  streets. 

Pay  for  celebrating. 

20.  To  allow  and  order  paid  out  of  the  general 
fund  a  sum  not  to  exceed  three  thousand  dollars 
in  any  year,  for  the  celebration  in  such  city,  or 
city  and  county,  of  the  anniversary  of  our  na- 
tional independence. 

Election  expenses. 

21.  To  allow  and  order  paid  out  of  the  general 
fund  for  the  election  expenses  of  such  city,  or 
city  and  county,  not  to  exceed  forty  dollars  for 
each  election  precinct  for  each  election  in  said 
city,  or  city  and  county. 

Prosecute  claims. 

22.  To  provide  ways  and  means  for  the  prose- 
cution of  the  claims  of  such  city,  or  city  and  coun- 
ty, to  any  land  or  other  property  or  right  claimed 
by  such  municipality. 

Appoint  weigher  of  coal. 

23.  To  provide  for  the  appointment  by  the  may- 
or for  a  weigher  of  coal,  without  salary,  and  to 
regulate  and  define  his  duties,  and  establish  rates 
of  charges  to  be  collected  from  persons  requiring 
his  services,  and  for  his  compensation  from  such 
rates  and  charges  alone,  and  with  no  claim  upon 
such  city,  or  city  and  county. 

Abatement  of  nuisances. 

24.  To  authorize  and  direct  the  summary  abate- 
ment of  nuisances;  to  malie  all  regulations  which 
may  be  necessary  or  expedient  for  the  preserva- 


634  Municipal  Corporations. 

tion  of  the  public  health  and  the  prevention  of 
contagious  diseases;  to  provide  fines  and  penal- 
ties against  individuals  who  may  be  guilty  of 
maintaining  any  nuisances,  and  enforcing  the 
same  until  such  nuisance  be  removed  or  abated; 
to  provide  by  regulation  for  the  prevention  and 
summary  removal  of  all  nuisances  and  obstruc- 
tions in  the  streets,  alleys,  highways,  and  public 
grounds  of  such  city,  or  city  and  county,  and  to 
prevent  or  regulate  the  running  at  large  of  dogs, 
and  to  authorize  the  destruction  of  the  same  when 
at  large  contrary  to  ordinance. 
Regulate  or  prohibit  houses  of  ill-fame. 

25.  To  prohibit,  suppress,  regulate,  or  exclude 
from  certain  limits  all  houses  of  ill-fame,  pros- 
titution, and  gaming;  to  prohibit,  suppress,  regu- 
late, or  exclude  from  certain  limits  all  occupa- 
tions, houses,  places,  pastimes,  amusements,  exhi- 
bitions, and  practices  which  are  against  good  mor- 
als, contrary  to  public  order  and  decency,  or  dan- 
gerous to  the  public  safety. 

Regulate  manner  of  street  work. 

26.  To  require,  by  ordinance,  all  contractors  for 
street  work,  or  other  persons  lawfully  undertak- 
ing to  improve,  grade,  or  alter  streets  or  public 
highways,  to  erect  fences  or  barriers,  to  keep 
lights  at  night,  and  to  take  other  necessary  pre- 
cautions to  protect  the  public  from  damage,  loss, 
or  accident  by  reason  of  such  grading,  alteration,, 
or  improvement,  and  to  fix  and  prescribe  penal- 
ties for  the  violation  of  the  provisions  of  such  or- 
dinance. 

Safe-keeping  of  lost  property. 

27.  To  provide  for  the  safe-keeping  and  disposi- 
tion of  lost,  stolen,  or  unclaimed  property  of  ev- 
ery kind,  which  may  at  any  time  be  in  the  posses- 
sion or  under  the  control  of  the  police  of  such  city, 
or  city  and  county. 

Suppress  public  demonstrations. 

28.  To  regulate,  and  when  necessary  to  suppress,. 
all  public  demonstrations  and  processions  which 
interfere  with  public  traffic. 

Regulation  of  fire  department. 

20.  To  appoint  a  fire  marshal.  Such  appoint- 
ment shall  be  made  on  the     nomination     of  the 


Municipal  Coi*porations.  635 

board  of  fire  underwriters  of  such  city,  or  city 
and  county,  if  such  board  shall  exist  therein.  If 
more  than  one  board  shall  exist  therein,  then  up- 
on the  nomination  of  the  board  which  shall  have 
been  longest  organized.  His  salary  shall  be  fixed 
and  paid  by  such  board  of  fire  underwriters.  Such 
fire  marshal  shall,  before  entering  upon  the  office, 
take  and  subscribe  the  oath  of  office,  and  execute 
a  bond  to  the  state  of  California  in  the  sum  of 
five  thousand  dollars,  with  two  or  more  sureties, 
to  be  approved  by  a  judge  of  the  superior  court, 
for  the  faithful  discharge  of  his  duties.  Any  per- 
son aggrieved  by  any  misconduct  of  such  marshal, 
or  his  deputy,  may  bring  an  action  in  his  own 
name  upon  such  official  bond,  which  bond  shall  be 
filed  in  the  office  of  the  county  clerli.  It  shall  be  the 
duty  of  such  fire 'marshal  to  attend  all  fires  which 
may  occur  in  such  city,  or  city  and  county,  with  a 
badge  of  office  conspicuously  displayed.  He  shall 
take  charge  of  and  protect  all  property  which 
may  be  imperiled  at  any  such  fire,  and  safely  keep 
the  same  under  his  possession  and  control  until 
satisfactory  proof  of  ownership  be  made  thereto; 
and  shall,  as  far  as  practicable,  prevent  such 
property  from  being  injured  at  such  fire,  and  di- 
rect, when  in  his  opinion  it  shall  be  necessary,  the 
removal  of  goods,  merchandise,  and  other  prop- 
erty to  a  place  of  safety.  He  shall  be  authorized 
and  empowered  to  exercise  the  functions  of  a 
peace-officer  of  such  city,  or  city  and  county.  Any 
person  who  shall  willfully  hinder  or  obstruct  said 
officer  in  the  lawful  discharge  of  his  duties  shall 
be  deemed  guilty  of  a  misdemeanor;  provided, 
however,  that  nothing  herein  contained  shall  be 
so  construed  as  to  authorize  such  fire  marshal  to 
interfere  in  any  manner  with  the  proper  discharge 
of  the  lawful  duties  and  authority  of  any  chief 
engineer  of  any  fire  department  of  such  city  and 
county.  It  shall  be  the  duty  of  such  fire  marshal 
to  institute  investigations  into  the  cause  of  such 
fires  as  occur  in  such  city,  or  city  and  county;  and 
for  this  purpose  he  shall  have  power  to  issue  sub- 
poenas and  administer  oaths,  and  compel  the  at- 
tendance of  witnesses  before  him  by  attachment 
or  otherwise.  All  subpoenas  issued  by  him  shall 
be  in  such  form  as  he  may  prescribe,  and  shall  be 


636  Municipal  Corporations. 

directed  to  and  served  by  any  police  oflBcer,  or  by 
any  peace-officer  of  sncli  city,  or  city  and  county. 
Any  witness  who  refuses  to  attend  or  testify  in 
obedience  to  such  subpoena  shall  be  deemed  guilty 
of  contempt,  and  be  punishable  by  him  as  in  cases 
of  contempt  in  justices'  courts  in  civil  cases.  He 
shall  mal^e  a  written  report  of  the  testimony  to  the 
district  attorney,  and  institute  criminal  prosecu- 
tions in  all  cases  in  which  there  appears  to  him 
to  be  a  reasonable  and  probable  cause  for  believ- 
ing that  a  fire  has  been  caused  by  design.  It  shall 
be  the  duty  of  such  fire  marshal  to  aid  in  the  en- 
forcement of  the  fire  ordinances  of  such  city,  or 
city  and  county,  and  for  this  purpose  he  is  duly 
authorized  to  visit  and  examine  all  buildings  in 
process  of  erection  or  undergoing  repairs,  and  to 
institute  prosecutions  for  all  violations  of  the  or- 
dinances of  such  city,  or  city  and  county,  which 
relate  to  the  erection,  alteration,  or  repairs  of 
buildings,  and  for  the  prevention  of  fires.  He  shall 
exercise  such  additional  powers  as  may  be  con- 
ferred upon  him  by  the  ordinances  of  such  city, 
or  city  and  county,  to  enable  him  fully  to  carry 
out  the  object  and  purpose  of  his  appointment, 
and  for  the  prevention  of  fires.  He  shall  have 
power  to  appoint  a  deputy,  who  may  exercise  all 
the  powers  and  perform  all  the  duties  of  such 
marshal.  The  salary  of  such  deputy  shall  be  paid 
in  the  same  manner  as  the  fire  marshal.  Any  per- 
son who  saves  from  fire,  or  from  a  building  en- 
dangered by  fire,  any  property,  and  who  willfully 
neglects  for  two  days  to  give  notice  to  such  fire 
marshal,  or  to  the  owner  of  such  property,  of  his 
possession  thereof,  shall  be  deemed  guilty  of 
grand  or  petit  larceny,  as  the  case  may  be,  ac- 
icording  to  the  value  of  said  property;  and  any 
person  who  shall  be  guilty  of  false  swearing  in 
any  investigation  under  this  subdivision  shall  be 
deemed  guilty  of  perjury,  and,  upon  conviction 
thereof,  shall  be  punished  tlierefor  as  in  other 
cases  of  perjury.  Such  fire  marshal  may  be  re- 
moved at  any  time  by  the  same  power  or  pow- 
ers that  appointed  him.  And  in  case  of  the  re- 
moval, resignation,  or  death  of  such  fire  marshal, 
his  successor  shall  be  appointed  in  the  same  man- 
ner as  hereinbefore  provided.     Such  fire  marshal 


Municipal  Corporations.  637 

is  liereby  auttiorized  and  empowered  to  appoint 
one  or  more  persons,  during  tlie  time  of  fire,  for 
the  purpose  of  saving  and  protecting  property  at 
such  fire,  and  until  it  shall  be  delivered  to  the 
owner  or  claimant  thereof,  and  such  person  or 
persons  so  appointed  shall  have,  during  such  pe- 
riod, the  authority  and  power  of  a  policeman  of 
such  city,  or  city  and  county,  and  shall  be  known 
as  the  fire  marshal's  police;  and  each  of  such  per- 
sons shall  wear,  while  in  the  discharge  of  his  duty, 
conspicuously  displayed  on  his  person,  such  badge 
or  device  as  such  fire  marshal  shall  designate.  No 
person  shall  be  entitled  to  any  property  in  the 
hands  of  such  fire  marshal,  saved  from  fire,  until 
satisfactory  proof  of  ownership  be  made,  and  until 
the  actual  expenses  incurred  by  such  ofiBcer  for 
the  preservation  and  keeping  of  the  same  shall  be 
paid  to  him  by  the  owner  or  claimant  of  said  prop- 
erty; and  in  case  of  dispute  as  to  the  amount  of 
such  expenses,  said  dispute  to  be  determined  by 
the  justices'  court  of  such  city,  or  city  and  coun- 
ty. Such  fire  marshal  is  hereby  duly  authorized 
and  empowered  to  hold  and  sell,  or  cause  to  be 
sold,  at  public  auction,  all  property  in  his  pos- 
session, saved  from  a  fire  or  fires,  for  which  no 
owner  can  be  found,  after  advertising  the  same  in 
two  daily  newspapers  published  in  such  city,  or 
city  and  county,  for  the  period  of  thirty  days: 
provided,  however,  that  if,  upon  application  of 
such  fire  marshal  to  the  police  judge,  it  shall  ap- 
pear that  such  property  is  perishable,  such  judge 
may  order  such  fire  marshal  to  make  sale  thereof 
upon  such  notice  as  in  the  opinion  of  such  judge 
may  be  reasonable.  The  proceeds  of  all  such 
sales,  together  with  an  account  thereof,  after  de- 
ducting all  expenses,  shall  be  by  him  deposited 
with  the  treasurer  of  such  city,  or  city  and  coun- 
ty, to  be  held  by  such  treasurer,  subject  to  the 
claim  of  the  owner  of  such  property.  Such  fire 
marshal  shall,  from  time  to  time,  file  with  the 
clerk  of  such  city,  or  city  and  county,  under  oath, 
a  statement  and  description  of  all  property  in  his 
possession,  or  under  his  control  and  sold  by  him, 
together  with  the  amount  of  money  by  him  depos- 
ited with  the  treasurer  of  such  city,  or  city  and 
county. 

Gen.  Laws— 54 


638  Municipal  Coi-porations. 

Maintain  fire-alarm. 

30.  To  maintain  a  fire-alarm  and    police  tele- 
graph in  such  city,   or  city  and   county. 
Regulate  drifting  of  sand. 

31.  To  require  the  owners  of  lots  to  prevent 
sand  from  drifting,  being  blown,  or  otherwise 
moved  therefrom,  into  or  deposited  upon  any  pav- 
ed, planlved,  or  macadamized  street,  alley,  place, 
parli,  thoroughfare,  or  other  public  property,  and 
to  enforce  all  such  regulations  by  sufficient  fines 
and  penalties. 

Maintain  house  of  correction. 

32.  To  maintain,  regulate,  govern,  manage,  and 
carry  on  a  house  of  correction,  and  to  utilize  there- 
in and  thereby  the  labor  of  all  prisoners  committed 
to  the  jail  or  house  of  correction  of  such  city,  or 
city  and  county,  by  the  police  courts  and  the  su- 
perior courts;  to  prescribe  rules  of  commitment 
and  detention  of  prisoners,  hours  of  labor,  and  all 
necessary  rules,  regulations,  and  restrictions  for 
the  proper  operation  of  said  institution.  All  pris- 
oners sentenced  to  a  term  in  the  county  jail,  or 
house  of  correction,  shall  be  deemed  to  have  been 
sentenced  to  labor  during  such  term.  The  judges 
of  police  courts  and  of  the  superior  courts,  in 
such  city,  or  city  and  county,  may  sentence  crimi- 
nals to  the  house  of  correction  when,  in  the  judg- 
ment of  such  judge,  the  criminal  is  too  young  to 
be  sentenced  to  the  state  prison,  or  when  it  is 
deemed  better  for  the  well-being  of  the  prisoner. 
No  person  shall  be  sentenced  to  imprisonment  in 
the  house  of  correction  for  a  shorter  or  longer 
term  than  that  for  which  he  might  be  sentenced 
in  the  jail  of  such  city,  or  city  and  county,  or  in 
the  state  prison;  and  in  no  case  whatever  for  a 
shorter  term  than  three  months  nor  for  a  longer 
term  than  three  years.  No  person  who  might  be 
sentenced  to  imprisonment  in  the  state  prison 
shall  be  sentenced  to  imprisonment  in  the  house 
of  correction  if  he  is  more  than  twenty-five  years 
of  age,  if  he  has  been  once  before  convicted  of  a 
felony,  or  twice  before  convicted  of  petit  larceny, 
nor  unless,  in  the  opinion  of  the  court,  imprison- 
ment in  the  house  of  correction  will  be  more  for 
his  interest  than  imprisonment  in  the  state  prison, 
and  equally  for  the  interest  of  the  public.     The 


Municipal  Corporations.  639 

fact  of  a  previous  conviction  may  be  found  by  the 
court  upon  evidence  introduced  at  the  time  of  sen- 
tence. The  board  of  aldermen  of  the  city,  or  city 
and  county,  shall  appoint  a  competent  superin- 
tendent of  the  house  of  correction  of  such  city  and 
county,  who  shall  also  be  treasurer  of  said  house 
of  correction,  and  who  shall  give  good  and  suffi- 
cient bonds,  in  a  sum,  and  with  sureties,  to  be 
approved  by  said  board  of  aldermen,  for  the  faith- 
ful discharge  of  his  duties,  and  to  whom  shall  be 
paid  a  salary,  to  be  fixed  by  them,  not  to  exceed 
two  hundred  and  fifty  dollars  per  month,  payable 
monthly.  Said  superintendent  shall  only  be  re- 
moved for  just  and  sufficient  legal  cause,  after  a 
fair  and  impartial  investigation  of  his  case  by 
said  board  of  aldermen.  He  shall,  immediately 
after  his  appointment,  and  when  authorized  by 
said  board  of  aldermen,  appoint,  subject  to  the  ap- 
proval thereof,  such  subordinates  as  may  be 
deemed  necessary  by  the  board  of  aldermen;  and 
the  pay  of  such  subordinates  shall  be  fixed  by  said 
board  of  aldermen,  not  exceeding  one  hundred 
dollars  per  month  to  each  party  so  appointed.  The 
superintendent  shall  manage  the  general  inter- 
ests of  the  institution:  see  that  its  affairs  are  con- 
ducted in  accordance  with  the  requirements  of  this- 
chapter  and  of  such  by-laws  as  the  board  of  alder- 
men may  from  time  to  time  adopt  for  the  orderly 
and  economical  management  of  its  concerns;  to  see 
that  strict  discipline  is  maintained  therein;  to 
provide  employment  for  the  inmates;  adjust  and 
certify  all  claims  against  the  institution.  And  all 
by-laws  made  by  said  board  of  aldermen  for  the 
management  of  said  institution,  and  not  contrary 
to  the  laws  of  this  state,  shall  be  binding,  in  all 
respects,  upon  said  superintendent,  officers,  and 
inmates;  and  said  superintendent  shall  each  year 
prepare  and  submit,  under  oath,  to  the  board  of 
aldermen  a  report  of  the  concerns  of  said  institu- 
tion. The  superintendent  shall  reside  at  the  house 
of  correction,  have  charge  of  its  inmates  and  prop- 
erty, and  be  its  treasurer;  keep  accounts  of  all 
his  receipts  and  expenditures,  and  of  all  such 
property  and  account  in  such  manner  as  the  said 
municipal  council  may  require,  and  hold  all  boolj;s^ 
and  papers  open  to  their  inspection. 


640  Municipal  Corporations. 

Maintain  an  industrial  school. 

83.  To  maintain  and  regulate  an  industrial 
school  for  the  detention,  mana.srement,  reforma- 
tion, education,  and  maintenance  of  such  children, 
under  the  acre  of  eighteen  years,  as  shall  be  com- 
mitted or  surrendered  thereto  by  the  courts  of 
such  city,  or  city  and  county,  as  vas^rants.  living 
an  idle  or  dissolute  life,  or  who  shall  be  convicted 
by  the  police  or  superior  court  of  any  crime  or 
misdemennor,  or  who,  being  tried  for  any  crime  or 
misdemeanor  in  such  court,  shall  be  found  to  be 
under  fourteen  years  of  age,  and  to  have  done  an 
act  which,  if  done  by  a  person  of  full  age,  would 
be  a  crime  or  misdemeanor;  and  said  council  is 
empowered  to  regulate  the  commitment,  deten- 
tion, and  discharge  of  such  children,  and  to  desig- 
nate and  prescribe  the  causes,  terms,  and  condi- 
tions thereof;  and  the  said  police  court  and  super- 
ior court  shall  have  power  to  adjudge  that  such 
persons  so  convicted  shall  be  so  imprisoned;  and 
persons  so  convicted  shall  remain  at  said  indus- 
trial school  until  he  or  she  shall  attain  majority, 
unless  a  shorter  time  shall  be  fixed  by  said  court 
in  the  commitment.  Such  children  shall  be  kept 
at  such  employments  and  be  instructed  in  such 
branches  of  useful  knowledge  as  may  be  suitable 
to  their  age  and  capacity.  The  municipal  council 
may  provide  for  binding  out  such  children  as  ap- 
prentices during  their  minority,  to  learn  proper 
trades  and  employments.  There  shall  be  a  super- 
intendent of  said  industrial  school,  to  be  appoint- 
ed by  the  board  of  aldermen.  He  shall  be  deem- 
ed a  public  officer,  whose  salary  shall  not  exceed 
two  hundred  and  fifty  dollars  per  month,  and 
such  other  employees  as  may  be  necessary,  with 
salary  not  to  exceed  one  hundred  dollars  per 
month  each.  Such  police  and  superior  court,  or 
eitlier  of  them,  upon  the  application  of  the  board 
of  aldermen,  and  upon  its  certificate  that  it  is  ex- 
pedi(^nt  to  do  so,  shall  have  power  to  discharge 
any  child  committed  to  said  industrial  school, 
and  who  is  not  bound  out  as  an  apprentice,  or 
adopted,  and  may  in  like  manner  discharge  such 
oliild  upon  the  application,  in  writing,  of  the  par- 
ents or  guardian  of  such  child,  who  shall  not 
have  been  bound  out  or  adopted,  and  after  ten 


Municipal  Corporations.  641 

days'  notice,  in  writing,  to  the  board  of  aldermen, 
if,  upon  the  hearing  of  the  application,  such  police 
court  or  superior  court  shall  consider  that  such 
discharge  is  expedient. 
Maintain  alms-house  etc. 

34.  To  establish  and  maintain  an  alms-house, 
a  city  and  county  hospital,  a  small-pox  hospital, 
and  such  other  institutions  of  the  same  charac- 
ter as  are  or  may  be  necessary,  and  to  perpetuate 
such  institutions  as  may  have  been  heretofore 
established  in  such  cities,  or  cities  and  counties, 
heretofore  incorporated. 

Payment  of  judgment. 

35.  To  order  paid  out  of  the  general  fund  any 
final  judgment  against  such  city,  or  city  and 
county. 

Public  pound. 

36.  To  maintain,  regulate,  and  govern  a  public 
pound,  fix  the  limits  within  which  animals  shall 
not  run  at  large,  and  appoint  pound-lveepers,  who 
shall  be  paid  for  out  of  the  fines  imposed  and  col- 
lected of  the  owners  of  impounded  animals,  and 
from  no  other  source. 

Improvement  of  water  front. 

37.  To  allow  and  order  paid  out  of  the  street- 
department  fund  such  sums  as  may  be  deemed 
necessary  for  improvement  of  streets  bordering 
on  the  water  front,  and  improvement  of  sewers 
and  streets  in  front  of  public  property. 

Burial  of  indigent  dead. 

38.  To  allow  and  order  paid  out  of  the  general 
fund  such  sums  as  may  be  necessary  for  burying 
the  indigent  dead. 

Pay  of  vspecial  counsel. 

39.  To  allow  and  order  paid  out  of  the  general 
fund  such  sums,  not  to  exceed  five  thousand  dol- 
lars in  any  one  fiscal  year,  as  may  be  deemed 
necessary  for  the  employment  of  special  counsel. 
Enact  certain  regulations. 

40.  To  enact  such  general  and  special  police 
regulations  for  such  city,  or  city  and  county,  as 
shall  secure  the  health,  comfort,  and  security  of 
the  inhabitants,  the  safety  and  security  of  prop- 
erty and  life,  and  to  enforce  the  same  therein. 


642  Municipal  Corporations. 

Regulation  of  offices  and  departments. 

41.  To  make  needful  rules  and  regulations  for 
the  administration,  care,  and  maintenance  and 
conduct  of  all  departments  and  offices  of  such 
city,  or  city  and  county,  when  not  otherwise  in 
this  chapter  provided  for,  so  as  to  secure  more 
perfect  safety  of  the  public  funds,  and  greater 
efficiency  in  all  departments  of  the  service,  and 
to  enforce  the  observation  of  such  rules  and  regu- 
lations, and  to  authorize  the  appointment  of  such 
additional  clerks,  assistant  deputies,  and  em- 
ployees as  in  their  judgment  may  be  necessary 
for  the  proper  discharge  of  the  duties  of  such  of- 
fices and  departments. 

General  fund. 

42.  To  appropriate  the  moneys  derived  from  the 
revenue  of  such  city,  or  city  and  county,  to  a  gen- 
eral fund,  and  such  funds  as  have  been  here- 
tofore or  shall  be  hereafter  established  by  law,  or 
the  said  council,  and  as  shall  be  necessary  for 
the  proper  and  economical  administration  of  such 
city,  or  city  and  county. 

Free  library. 

43.  To  establish,  maintain,  and  regulate  free 
public  libraries  and  reading-rooms,  and  to  per- 
petuate such  free  libraries  and  reading-rooms  as 
may  have  been  heretofore  established  in  such  cit- 
ies, or  cities  and  counties,  heretofore  incorporated. 
Law  library. 

44.  To  provide,  fit  up,  and  furnish,  and  provide 
with  fuel,  liglits,  stationery,  and  all  necessary  at- 
tendance, conveniences,  and  care,  rooms  conven- 
ient and  accessible  to  the  courts,  sufficient  for  the 
use  and  accommodation  of  a  law  library  and 
those  who  have  occasion  to  use  it,  and  approved 
by  the  officers  having  the  government  of  said  li- 
brary, and  to  perpetuate  and  in  the  same  manner 
provide  for  any  law  library  now  existing  in  such 
city,  or  city  and  county,  the  use  of  which  has 
been  secured  by  law  to  the  courts,  the  bar,  and  the 
city,  or  city  and  county,  government.  The  muni- 
cipal council  shall  have  power,  and  it  sliall  be 
their  duty,  to  appropriate,  allow,  and  order  paid 
out  of  the  proper  fund  such  sums  as  may  be  ne- 
cessary therefor. 


Municipal  Coii)orations.  G43 

Medical  dispensary- 

45.  To  establish  and  maintain  a  free  medical 
dispensary,   and   to   perpetuate   any   such   hereto- 
fore existing  in  such  city,  or  city  and  county. 
Building  committee. 

46.  To  appoint  a  committee  of  five,  three  from 
the  board  of  aldermen  and  two  from  the  house 
of  assistant  aldermen,  to  be  denominated  the 
"building  committee,"  to  superintend  the  con- 
struction of  buildings  hereafter  to  be  constructed 
for  such  city,  or  city  and  county,  or  now  in  prog- 
ress of  construction  therefor,  and  to  appoint  a 
secretary  for  such  committee,  and  to  fix  his  com- 
pensation, and,  if  necessary,  also  to  appoint  a  su- 
perintendent and  architect  therefor,  fix  their  re- 
spective compensation,  and  require  of  such  su- 
perintendent and  architect  to  execute  bonds,  with 
two  sureties,  conditioned  for  the  faithful  perform- 
ance of  their  duty,  in  such  sums  as  may  be  deemed 
necessary. 

Division  of  city  into  wards. 

47.  To  divide  the  city,  or  city  and  county,  by 
ordinance,  into  twelve  wards,  to  fix  the  boundar- 
ies thereof,  and  to  change  the  same  from  time  to 
time;  provided,  that  no  change  in  the  boundaries 
of  any  ward  shall  be  made  within  sixty  days  next 
before  the  date  of  said  general  election,  nor  with- 
in twenty  months  after  the  same  shall  have  been 
established  or  altered. 

Levy  and  collection  of  revenue. 

48.  To  provide  for  the  levy,  collection,  and  ap- 
propriation of  revenue  heretofore  by  law  provid- 
ed to  be  collected  for  the  erection  and  completion 
of  any  public  building  in  and  for  such  city,  or  city 
and  county,  in  the  manner  as  heretofore  provided 
by  any  law  of  this  state  for  the  levy,  collection, 
and  appropriation  of  the  same. 

Board  of  equalization. 

Sec.  65.  The  municipal  council  shall  constitute  a 
board  of  equalization  for  such  city,  or  city  and 
county,  and  as  such  shall  have  the  powers  con- 
ferred by  the  general  laws  regulating  the  assess- 
ment and  collection  of  taxes,  when  not  inconsist- 
ent with  the  provisions  of  this  chapter. 


641  Municipal  Corporations. 

Definition  of  public  streets. 

Sec.  06.  All  the  streets,  lanes,  alleys,  places,  or 
courts,  as  laid  down  on  the  oflacial  map  of  such 
city,  or  city  and  county,  and  all  other  streets, 
lanes,  alleys,  places,  or  courts  now  dedicated  or 
open  to  public  use,  are  hereby  declared  to  be  open 
public  streets,  lanes,  alleys,  places,  or  courts  for 
the  purpose  of  this  chapter;  and  the  municipal 
council  is  invested  with  .lurisdictlon  to  order  any 
of  the  worlv  mentioned  in  section  sixty-seven  of 
this  act  to  be  done  on  any  of  said  streets,  lanes, 
alleys,  places,  or  courts,  when  the  grade  and  width 
of  said  streets,  lanes,  alleys,  places,  or  courts  have 
been  officially  established;  and  for  the  purposes  of 
this  chapter  the  grade  of  all  intermediate  or  in- 
tersecting streets,  lanes,  alleys,  places,  or  courts 
in  any  one  block  shall  conform  to  the  grades 
as  established  of  the  crossings  of  the  main  streets. 
Grading  streets. 

Sec.  67.  The  municipal  council  is  hereby  au- 
thorized and  empowered  to  order  the  whole  or 
any  portion  of  the  said  streets,  lanes,  alleys, 
places,  or  courts  graded  or  regraded  to  the  official 
grade,  planked  or  replanked,  paved  or  repaved, 
macadamized  or  remacadamized,  piled  or  repiled, 
capped  or  recapped,  and  to  order  sidewalks,  sew- 
ers, cess-pools,  man-holes,  culverts,  curbing,  and 
cross-walks  to  be  constructed,  and  to  order  any 
streets  and  sewers  cleaned,  and  to  order  any  oth- 
ir  work  to  be  done  which  shall  be  necessary  to 
make  and  complete  the  whole  or  any  portion  of 
said  streets,  lanes,  alleys,  places,  or  courts,  and 
they  may  order  any  of  the  said  work  to  be  im- 
proved; and  when  any  street,  or  portion  of  a  street 
has  been  or  shall  hereafter  be  constructed  to  the 
satisfaction  of  the  municipal  council  and  the  su- 
perintendent of  streets,  and  shall  have  a  brick 
sewer,  or  cement  or  iron-stone  pipe  constructed 
therein,  under  such  regulations  as  said  municipal 
council  shall  adopt,  the  same  shall  be  accepted 
by  it,  and  thereafter  shall  be  kept  open  and  im- 
proved by  such  city,  or  city  and  county,  the  ex- 
pense thereof,  together  with  all  work  done  in 
front  of  city,  or  city  and  county,  property,  to  be 
paid  out  of  the  street-department  fund,  or  other 
property  fund;  provided,  that  the  municipal  coun- 


Municipal  Corporations.  64o 

cil  shall  not  accept  of  any  portion  of  the  street 
less  than  the  entire  width  of  the  roadway  (includ- 
ing the  curbing-  and  one  block  in  length,  or  one 
entire  crossing);  and  provided  further,  that  it 
may,  partially  or  conditionally,  accept  any  street, 
or  portion  of  a  street,  without  a  sewer  or  pipe 
therein  as  above  stated,  if  a  sewer  or  pipe  there- 
in shall  be  deemed  by  them  unnecessary;  but  the 
lots  of  land  previously  assessable  for  the  cost  of 
construction  of  a  sewer  or  pipe  shall  still  remain 
and  be  assessable  for  such  cost,  and  for  the  cost  of 
repair  and  restoration  of  the  street  damaged  in 
the  said  construction,  when  thereafter  a  sewer  or 
pil)e  shall  be  deemed  necessary,  the  same  as  if  no 
partial  or  conditional  acceptance  had  ever  been 
had.  The  said  superintendent  of  streets  shall  keep 
in  his  office  a  register  of  all  accepted  streets,  the 
same  to  be  indexed  so  that  reference  may  be 
easily  had  thereto. 
Special  assessment  for  work  on  private  property. 

See.  68.  The  municipal  council  may  order  work 
authorized  by  this  chapter,  the  cost  and  expense 
of  which  is  made  chargeable,  or  may  be  assessed 
upon  private  property  by  special  assessment,  to 
be  done,  after  notice  of  its  intention  so  to  do  in  the 
form  of  a  resolution  describing  the  work,  and 
signed  by  the  clerks  of  both  branches  of  the  muni- 
cipal council,  has  been  published  for  the  period  of 
five  days  in  the  paper  doing  the  printing  for  such 
city,  or  city  and  county,  and  also  in  two  daily 
newspapers,  one  of  which  newspapers  shall  be 
published  as  a  morning  edition  and  one  as  an 
evening  edition,  printed  and  published  in  such 
city,  or  city  and  county,  for  five  days,  Sundays 
and  non-judicial  days  excepted;  provided,  that  no 
such  notice  shall  be  given  or  ordei*  made  for  the 
grading  of  any  street,  unless  the  majority  of  the 
frontage  of  the  lots  and  land  fronting  on  the 
work  proposed  to  be  done,  and  described  in  said 
resolution,  or  which  is  to  be  madf  b'able  for  such 
grading,  except  public  property,  shall  have  been 
represented  by  the  owners  thereof,  or  by  their 
agents,  in  a  petition  to  the  said  municipal  coun- 
cil, stating  that  they  are  the  owners  and  in  posses- 
sion or  agents  of  the  lots  named  in  the  petition, 
and  also  requesting  that  such     improvements  or 


(j46  Municipal  Corporations. 

street  work  shall  be  done.  All  owners  of  land,  or 
lots,  or  portions  of  lots,  who  may  feel  aggrieved 
or  have  objection  to  the  ordering  of  the  work  de- 
scribed in  said  notice,  or  who  may  have  objection 
to  any  of  the  subsequent  proceedings  of  the  mu- 
nicipal council  in  relation  to  the  work  mentioned 
in  such  notices  of  intention,  or  may  have  any  ob- 
jections to  any  of  the  acts  of  the  superintendent 
of  streets,  and  the  city,  or  city  and  county,  sur- 
veyor of  such  city,  or  city  and  county,  in  the  dis- 
charge of  any  of  the  obligations  or  duties  impos- 
ed upon  him  or  them  by  virtue  of  their  offices, 
shall  file  with  the  clerk  of  either  branch  of  the 
municipal  council  a  petition  or  remonstrance, 
wherein  they  shall  set  forth  in  what  respect  they 
feel  aggrieved,  or  the  acts  or  proceedings  to  which 
they  object,  which  petition  or  remonstrance  shall 
be  passed  upon  by  the  municipal  council,  and  its 
decisions  thereon  shall  be  final  and  conclusive; 
but  the  municipal  council  shall  not  order  the  work 
described  in  said  notices  to  be  done  unless  all  ob- 
jections and  protests  that  may  have  been  present- 
ed and  filed  as  aforesaid  shall  have  been  by  them 
disposed  of.  Should  the  owners  or  agents  of  more 
than  one  half  in  frontage  of  the  lots  and  lands 
fronting  on  the  work  proposed  to  be  done,  and 
designated  in  said  notice  or  resolution,  or  liable 
to  be  assessed  for  work,  file  with  the  clerk  of 
cither  branch  of  the  municipal  council  written  ob- 
jections against  any  grading  described  in  said  no- 
tice, at  any  time  before  the  expiration  of  the  pub- 
lication of  said  notice  of  intention,  and  the  publi- 
cation thereof,  as  hereinbefore  provided,  then  and 
thereupon  the  municipal  council  shall  be  barred 
from  proceeding  further  for  the  period  of  six 
months,  and  shall  not  renew  the  notice  of  inten- 
tion for  doing  any  street  work  so  protested  against 
within  six  months,  unless  the  owners  or  agents  of 
a  majority  of  the  frontage  of  the  lots  and  land 
fronting  on  said  street  work,  or  liable  to  be  as- 
sessed therefor  as  aforesaid,  shall  petition  anew 
for  the  work  to  be  done.  At  the  expiration  of  any 
notice  of  intention,  the  municipal  council  shall  be 
deemed  to  have  acquired  jurisdiction  to  order  any 
work  to  be  done  which  is  authorized  by  this  chap- 


Municipal  Coi^orations.  647 

ter;  and  it  is  fiirtlier  provided,  that  where  any 
public  street  shall  have  been  graded,  or  graded 
and  macadamized,  or  graded  and  paved,  for  the 
distance  of  one  or  two  blocks  upon  each  side 
thereof  of  any  one  or  two  blocks  or  crossing  of  a 
street  which  is  not  improved,  it  shall  be  the  duty 
of  the  municipal  council,  upon  the  recommenda- 
tion of  the  superintendent  of  streets,  to  order  the 
notice  provided  in  this  section  to  be  given  without 
the  petition  provided  first  aforesaid;  and  if  the 
owners  of  three  fourths  of  the  frontage  of  the 
land  and  lots  fronting  on  such  portions  of  said 
streets  to  be  graded  or  improved  shall,  within  the 
time  prescribed  in  said  notice,  file  written  objec- 
tions to  the  improvement  of  the  said  street,  such 
objection  shall  be  a  bar  for  six  months  for  the 
doing  of  said  work  or  making  said  improvement, 
except  when  the  work  or  improvement  proposed 
to  be  done  is  the  construction  of  sewers,  man- 
holes, culverts,  cross-walks,  and  side-walks,  the 
municipal  council  shall  duly  consider  said  objec- 
tions before  ordering  said  work;  and  if  it  shall 
decide  and  declare  by  an  entry  in  the  minutes  of 
both  branches  thereof  that  the  objections  so  made 
are  not  good,  thereupon  it  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  any  such  street 
work  to  be  done  that  is  described  in  said  notice; 
provided  further,  that  when  one  half  or  more  of 
the  grading,  planking,  macadamizing,  paving,  side- 
walking,  or  sewering  of  any  one  street,  lying  be- 
tween two  main  street-crossings,  has  been  already 
performed,  the  municipal  council  may  order  the  re- 
mainder of  such  grading,  planking,  macadamizing, 
paving,  sidewalking,  or  sewering  to  be  done,  not- 
withstanding the  objections  of  any  or  all  of  the 
property  owners. 

Manner  of  compelling  certain  street  work  to  be 
done. 
Sec.  69.  The  owners  of  more  than  one  half  in 
frontage  of  lots  and  lands  fronting  on  any  street, 
lane,  alley,  place,  or  court,  mentioned  in  section 
sixty-six  of  this  act,  or  their  duly  authorized 
agents,  may  petition  the  said  municipal  council  to 
order  any  of  the  work  mentioned  in  section  sixty- 
seven  of  this  act  to  be  done;  and  the  said  board 
may  order  the  work  mentioned  in  said  petition  to 


648  Municipal  Corporations. 

be  done,  after  notice  of  their  intention  so  to  do 
has  been  published  as  provided  in  section  sixty- 
eight  of  this  act.  No  order  or  permission  shall  be 
given  to  grade,  or  pile  and  cap,  any  street,  lane, 
alley,  place,  or  court,  in  the  first  instance,  or  any 
portion  thereof,  without  extending  or  completing 
the  same  throughout  the  whole  width  of  said 
street,  lane,  alley,  place,  or  court.  When  any  such 
work  has  heretofore  been  done,  or  when  any  such 
worl^:  shall  hereafter  be  done,  in  violation  of  this 
section,  neither  the  lots  or  portions  of  lots  in 
front  of  which  such  work  has  been  or  may  be  done 
hereafter,  nor  the  owners  thereof,  shall  be  ex- 
empt from  assessments  made  for  the  payment  of 
the  work  afterwards  done  to  complete  said  street, 
lane,  alley,  place,  or  court  to  its  full  width,  as 
provided  in  this  chapter. 
Map  to  be  transmitted. 

>  f^c.  70.  At  the  expiration  of  publication  of  such 
notice,  the  clerk  of  either  branch  of  the  municipal 
council  shall  cause  to  be  transmitted  to  the  city, 
or  city  and  county,  surveyor,  and  to  the  superin- 
tendent of  streets  of  such  city,  or  city  and  county, 
a  copy  of  the  resolution,  order,  or  ordinance  au- 
thorizing the  said  street  work.  The  said  surveyor 
shall  thereupon,  within  fifteen  days  from  the  com- 
pletion of  the  publication  mentioned  in  the  last 
section,  transmit  to  said  municipal  council  a  map 
of  the  district  to  be  benefited  by  said  street  im- 
provement; which  map  shall  show  the  relative  lo- 
cation of  each  lot  to  the  work  proposed  to  be  done, 
and  be  signed  by  said  surveyor.  The  superinten- 
dent of  streets  shall  also  thereupon,  within  fif- 
teen days  from  the  completion  of  said  publication, 
transmit  to  the  municvpal  council  an  estimate  of 
the  cost  and  expense  of  said  improvement,  which 
said  estimate  shall  contain  the  items  composing 
the  gross  sum  estimated,  and  shall  be  signed  by 
said  superintendent. 
Adoption  or   modification  of  map. 

St'c.  71.  Tlic  municipal  council  shall,  at  the  first 
meeting  after  tlie  receipt  of  such  map  and  esti- 
mate, or  as  soon  as  may  be  practicable,  either 
adopt,  modify,  or  reject  the  same,  and  after  its 
final  action  ui)on  said  map  and  estimate,  the  same 
shall   be   transmitted   to   said     superintendent  of 


Municipal  Ck)rporations.  649 

streets,  who  shall  record  the  same  in  a  book  to 
be  kept  by  him  for  such  purpose;  and  the  said 
superintendent  shall  forthwith  prepare  plans  and 
specifications  for  such  street  work,  and  the  clerk 
of  either  branch  of  the  municipal  council  shall 
cause  to  be  conspicuously  posted  in  the  office  of 
said  superintendent,  and  also  published  five  days 
(non-judicial  days  excepted)  in  the  newspapers 
hereinbefore  mentioned,  a  notice  inviting  sealed  s 
proposals  to  contract  for  the  work  contemplated 
to  be  performed;  such  work  not  to  be  performed, 
nor  any  contract  for  the  same  made  or  entered  in- 
to, until  after  the  moneys  sufficient  for  the  pay- 
ment of  the  costs  and  expenses  thereof  shall  have 
been  levied,  collected,  and  paid  into  the  treasury 
of  such  city,  or  city  and  county,  as  hereinafter 
provided;  which  notice  shall  substantially  contain 
the  plans  and  specifications  above  mentioned;  and 
all  notices,  resolutions,  and  orders  required  to  be 
posted  or  published  under  the  provisions  of  this 
chapter  shall  be  posted  or  published,  or  both  post- 
ed and  published,  as  the  law  may  require,  by  said 
clerk,  as  a  matter  of  course,  and  without  any  spe- 
cial direction  or  authority  from  said  municipal 
council.  The  said  superintendent  shall  furnish 
specifications  for  the  performance  of  any  and  all 
street  work  ordered  by  the  municipal  council  and 
authorized  by  this  chapter,  and  the  time  within 
which  said  work  must  be  completed  after  entering 
into  the  contract  for  doing  the  same.  All  propos- 
als shall  be  delivered  to  the  clerk  of  either  branch 
of  the  municipal  council,  and  the  house  of  which 
he  is  the  clerk  shall,  in  open  session,  open,  exam- 
ine, and  publicly  declare  the  same;  and  all  pro- 
posals shall  be  for  a  price  payable  in  gold  coin 
of  the  United  States;  provided,  said  municipal 
council  may  reject  any  and  all  proposals  should 
they  deem  it  for  the  public  good,  and  also  may 
reject  the  proposals  of  any  party  who  may 
be  proved  delinquent  or  unfaithful  with  any 
former  contract  with  such  city,  or  city  and  county; 
and  if  all  proposals  shall  be  rejected,  the  munici- 
pal council  shall  direct  the  clerk  of  either  house 
thereof  to  again  post  said  notice,  and  publish  the 
same  as  in  the  first  instance.  All  proposals  shall 
be  accompanied  with  a  bond  to  such  city,  or  city 
Gen.  Laws— 55 


GoO  Municipal  Corporations. 

and  county,  to  be  approved  by  the  clerk  of  either 
house  of  said  municipal  council,  in  the  sum  of  one 
thousand  dollars,  and  in  such  additional  amount 
as  may  be  fixed  by  said  superintendent  of  streets, 
with  two  good  and  sufficient  sureties,  who  must 
be  freeholders  of  such  city,  or  city  and  county, 
said  sureties  to  justify  in  double  the  amount,  con- 
ditioned that  the  party  making  such  proposal 
shall,  or  will,  within  ten  days  after  notice  from 
said  superintendent  that  the  moneys  for  the  cost 
and  expenses  for  such  work  have  been  paid  into 
the  treasury,  enter  into  a  contract  with  such  city, 
or  city  and  county,  in  pursuance  of  such  proposal, 
and  to  commence  such  work  within  five  days  af- 
ter the  execution  of  such  contract,  and  complete 
the  same  within  the  time  mentioned  in  the  said 
plans  and  specifications,  or  either  of  them,  or 
within  any  extended  time;  it  is  further  provided, 
that  all  persons  proposing,  owners  included,  who 
shall  fail  to  enter  into  any  contract  as  herein  pro- 
vided, or  to  complete  the  contracts  entered  into, 
are  hereby  prohibited  from  proposing  a  second 
time  for  the  same  work;  and  in  case  of  owners, 
they  are  hereby  prohibited  from  electing  to  take 
the  same  work  a  second  time,  and  from  entering 
into  any  contract  concerning  the  same.  At  any 
time  within  five  days  after  such  money  has  been 
paid  into  the  treasury,  the  owners  of  a  majority 
of  the  frontage  of  lots  and  lands  liable  to  be  as- 
sessed for  said  work,  or  their  agents,  and  who 
shall  make  oath  that  they  are  such  owners,  or 
the  agents  of  such  owners,  may  elect  to  do  the 
said  work,  and  to  enter  into  a  written  contract  to 
do  the  whole  work  at  the  price  for  which  the 
same  is  awarded,  upon  giving  the  bond  as  herein- 
after provided:  and  they  shall  commence  said 
work  within  five  days  after  the  execution  of  such 
contract,  and  shall  prosecute  it  diligently  and  con- 
tinuously, and  complete  it  within  the  time  limited 
in  the  contract,  or  within  any  extended  time;  but 
should  the  said  contractor,  or  the  property  owners, 
fail  to  prosecute  the  same  diligently  or  continuous- 
ly, in  the  judgment  of  said  superintendent,  or  com- 
plete it  within  the  time  prescribed  in  the  contract, 
or  within  the  extended  time,  then  it  shall  be  the 
duty  of  said  superintendent  to  report  the  same  to 


Municipal  Corporations.  651 

the  municipal  council,  who  shall  immediately  or- 
der the  clerk  of  eitlier  branch  of  the  municipal 
council  to  advertise  for  proposals  as  in  the  first 
instance,  and  relet  the  contract  in  the  manner 
hereinbefore  provided;  and  it  is  further  provided, 
that  all  contractors  for  street  work  shall,  at  the 
time  of  entering  into  said  contract,  execute  a  bond 
payable  to  such  city,  city  or  county,  with  two  or 
more  sureties,  in  the  sum  of  not  less  than  one 
thousand  dollars,  and  in  such  additional  amount 
as  may  be  fixed  by  said  superintendent,  condi- 
tioned for  the  faithful  performance  of  said  con- 
tract; and  said  sureties  shall  justify  in  double  the 
amount  of  the  penalty  fixed  in  said  bond;  such 
sureties  to  justify  before  said  superintendent  or 
his  deputy,  and  the  qualifications  and  responsibil- 
ity of  such  sureties  shall  be  the  same  as  prescrib- 
ed for  sureties  on  the  official  bonds  of  the  officers 
of  such  city,  or  city  and  county;  and  it  is  further 
provided,  that  in  case  of  the  non-fulfillment  by 
'the  oblisfor  in  either  of  the  bonds  mentioned  in 
this  section,  of  the  conditions  thereof,  it  shall  be 
the  duty  of  the  city,  or  city  and  county,  attorney 
to  sue  for  and  collect  the  sum  in  said  bond  men- 
tioned, in  any  court  of  competent  jurisdiction,  and 
pay  the  same  into  the  city  and  county  treasury^ 
to  the  credit  of  the  proper  fund. 
Assessment. 

Sec.  72.  After  the  proposal  shall  have  been  re- 
ceived and  considered  by  the  municipal  council, 
the  superintendent  of  streets  shall  make  an  as- 
sessment in  proportion  to  the  benefit  upon  all  the 
land  in  the  district  shown  upon  said  map.  Said 
assessment  shall  show  the  work  proposed  to  be 
done,  the  estimated  cost  thereof,  the  rate  per 
front  foot  assessed  against  each  lot  within  the 
assessment  district,  the  amount  of  each  assess- 
ment, the  name  of  the  owner  of  each  lot,  or  por- 
tion of  lot,  if  known  to  the  superintendent,  and  if 
such  owner  be  unknown,  the  word  "unknown" 
shall  be  written  opposite  the  number  of  the  lot 
(but  an  assessment  made  to  a  person  not  the  own- 
er shall  not  render  such  assessment  illegal),  and 
the  amount  assessed  thereon,  the  number  of  each 
lot,  or  portion  of  lot,  assessed,  and  shall  have  at- 
tached thereto  a  diagram  showing  the  assessment 


652  Municipal  Corporations, 

district,  and  the  relative  location  of  each  lot  as- 
sessed to  the  work  proposed  to  he  done,  each  lot 
being  numbered  in  said  assessment  and  diagram; 
and  when  completed,  shall  be  signed  by  said  su- 
perintendent, and  transmitted  to  the  board  of  al- 
dermen. 
Notice  of  hearing  objections  to  assessment  roll. 

Sec.  73.  At  the  first  meeting  of  the  board  of 
aldermen,  after  the  receipt  by  it  of  the  assess- 
ment made  by  said  superintendent,  as  soon  there- 
after as  may  be  practicable,  it  shall  cause  notice 
of  the  time  and  place  of  the  hearing  of  all  ob- 
jections to  said  assessment  to  be  published  for  at 
least  five  days  (Sundays  and  non-judicial  days  ex- 
cepted), prior  to  the  time  of  such  hearing,  in  two 
daily  newspapers,  one  published  as  a  morning  ed- 
ition and  one  as  an  evening  edition,  in  such  city, 
or  city  and  county.  All  objections  shall  be  heard 
in  open  session  of  said  board  of  aldermen.  At 
said  hearing  said  board  of  aldermen  may  alter, 
modify,  or  confirm  said  assessment,  as  it  shall 
deem  proper;  and  said  superintendent  shall  there- 
upon record  said  assessment  and  diagram  in  a 
book  to  be  kept  by  him  for  that  purpose.  When 
so  recorded,  the  several  amounts  assessed  shall 
be  deemed  a  tax  levied  upon  the  lands  described 
in  said  assessment  and  diagram,  upon  which  they 
are  respectively  assessed,  and  shall  be  a  lien  upon 
such  parcels  of  land.  Said  superintendent  shall 
give  to  each  assessment  a  number  by  which  the 
fniid  collected  for  said  work  shall  be  known,  and 
shall  immediately  after  the  record  of  said  assess- 
ment, as  hereinbefore  provided,  deliver  the  said 
assessment  and  diagram  to  the  tax  collector  of 
such  city  and  county,  who  shall  thereupon  cause 
to  be  published  for  ten  successive  days  (Sundays 
and  non-judicial  days  excepted),  in  two  newspa- 
pers of  general  circulation,  one  of  which  shall  be 
published  as  a  morning  edition  and  one  as  an 
evening  edition,  published  in  such  city,  or  city 
and  county,  a  notice  containing  a  description  of 
the  proposed  imi)rovement,  and  of  the  portion  of 
street  or  streets  upon  which  the  same  is  proposed 
to  be  done,  tliat  the  same  is  in  his  hands  for  col- 
lection; that  if  said  assessment  is  not  paid  within 
fifteen  days  from  the  date  of  the  last  publication 


Muuicipal  Corporations.  653 

of  such  notice,  that  the  same  will  be  delinquent; 
that  the  property  assessed,  and  upon  which  the 
assessment  remains  unpaid,  will  be  sold  by  said 
tax  collector  for  said  assessment,  a  brief  descrip- 
tion of  the  property  assessed,  the  amount  assess- 
ed thereon,  and  the  time  and  place  of  sale,  which 
shall  be  not  less  than  five  nor  more  than  ten  days 
after  such  delinquency. 
Sale  of  property  for  unpaid  taxes. 

Sec.  74.  On  the  day  fixed  for  the  sale,  said  tax 
collector,  between  the  hours  of  ten  A.  M.  and 
three  P.  M.,  must  commence  the  sale  of  the  prop- 
erty advertised,  upon  which  the  assessment  re- 
mains unpaid,  and  sell  the  same  at  public  vendue, 
in  the  office  of*  said  tax  collector,  to  the  person 
who  will  take  the  least  quantity  of  the  respective 
parcels  of  land  assessed,  and  pay  the  assessment 
thereon,  together  with  two  dollars  to  said  tax  col- 
lector for  the  duplicate  certificate  of  sale.  If  the 
purchaser  does  not  forthwith  pay  the  amounts  of 
the  assessment  and  costs  by  him  bid,  the  tax  col- 
lector shall  immediately  proceed  to  sell  such  par- 
cel or  parcels  again,  in  the  same  manner,  for  the 
amount  of  said  assessment  and  costs. 
Duplicate  certificate. 

Sec.  75.  After  receiving  the  amount  of  the  as- 
sessment and  costs,  said  tax  collector  must  make 
out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  showing  the  name  of  the  person  assessed, 
Avhen  known,  a  brief  description  of  the  property 
sold,  the  street  improvement  for  which  the  as- 
sessment was  levied,  the  number  of  the  assess- 
ment, that  it  was  sold  for  an  assessment,  the 
amount  thereof,  that  the  same  is  subject  to  re- 
demption at  any  time  within  one  year  after  sale, 
and  specifying  the  date  when  the  purchaser  will 
be  entitled  to  a  deed;  and  upon  payment  to  said 
tax  collector  of  the  fee  for  recording  the  same, 
said  tax  collector  shall  deliver  one  of  such  dupli- 
cates to  the  purchaser,  and  the  same  day  file  the 
other  in  the  office  of  the  recorder  of  the  county, 
or  city  and  county,  who  shall  record  the  same. 
Vesting  of  lien. 

Sec.  76.  Upon  filing  the  said  duplicate  in  the  of- 
fice of  said  recorder,  the  lien  aforesaid  is  vested 
in  the  purchaser,  and  is  only  divested  by  payment 


654  Muuicipal  Corporations. 

to  him,  or  to  the  treasurer  of  such  city,  or  city 
and  county,  for  his  use,  of  the  purchase  money 
and  costs,  and  two  per  cent  per  month  and  frac- 
tion of  a  month  up  to  date  of  redemption  there- 
on. A  redemption  of  the  property  sold  may  be 
made  by  the  owner,  or  any  party  in  interest,  with- 
in twelve  months  from  the  date  of  purchase. 
Deed  to  purcliaser  and  conclusions  of  law. 

Sec.  77.  If  property  is  not  redeemed  within 
twelve  months  from  the  date  of  such  sale,  the  tax 
collector  must  make  to  the  purchaser,  or  his  as- 
signee a  deed  reciting  substantially  the  matters 
contained  in  the  certificate,  and  that  no  person  re- 
deemed the  property  during  the  Jtime  allowed  by 
law  for  its  redemption.  The  matters  recited  in  the 
certificate  of  sale  must  be  recited  in  the  deed,  and 
such  deed,  duly  acknowledged,  shall  be  prima 
facie  evidence  that: 

1.  The  property  was  assessed  as  required  by 
law; 

2.  That  the  assessment  was  not  paid: 

3.  That  the  property  was  sold  at  the  proper 
time  and  place,  and  by  the  proper  officer; 

4.  That  the  person  who  executed  the  deed  was 
the  proper  officer  therefor; 

5.  That  the  title  to  the  property  therein  de- 
scribed is  vested  in  the  purchaser,  his  heirs,  or 
assigns,  free  from  all  incumbrances,  except  taxes 
for  purposes  of  revenue. 

Payment  into  treasury  by  tax  collector. 

Sec.  78.  Said  tax  collector  shall  daily  pay  into 
the  treasury  of  such  city,  or  city  and  county,  to  the 
credit  of  tlie  pro])er  street-improvement  fund,  all 
moneys  collected  by  him  on  account  of  such  fund, 
and  shall,  upon  the  receipt  of  any  assessment, 
mark  the  same  paid  upon  the  assessment  roll,  and 
shall  receipt  to  the  person  paying  the  same  there- 
for, which  receipt  shall  show  the  number  of  the 
street-improvement  fund,  the  work  done,  the 
number  of  the  lot  upon  which  the  assessment  is 
paid,  and  the  amount  thereof. 
Certificate  of  payment  into  treasury. 

Sec.  79.  AVhen  the  full  amount  of  such  assess- 
ment has  been  collected  by  said  tax  collector,  the 
said  collector  shall  certify  to  the  superintendent 


Municipal   Corporations.  630 

of  streets  that  tlie  same  has  been  collected  and 
paid  into  the  treasury  of  such  city,  or  city  and 
county.  Upon  tlie  receipt  of  such  certificate  from 
the  tax  collector,  the  said  superintendent  shall 
forthwith  notify  the  person  whose  proposal  shall 
have  been  accepted  by  the  municipal  council,  as 
aforesaid,  of  the  payment  of  such  money  into  the 
treasury,  and  that  such  city,  or  city  and  county, 
is  ready  to  enter  into  a  contract  with  such  person 
for  such  worl^,  in  pursuance  of  said  proposal;  and 
said  superintendent  shall  hold  himself  in  readiness 
to  execute  said  contract  on  behalf  of  such  city, 
or  city  and  county.  The  board  of  aldermen  may 
extend  the  time  of  performance  of  the  contract, 
as  fixed  by  the  contract  of  specifications,  upon  the 
recommendation  of  said  superintendent;  but  the 
time  of  the  performance  shall  in  no  event  be  in 
any  manner  extended  beyond  sixty  days  after  the 
time  fixed  in  such  specifications  or  contract  for 
the  completion  of  said  work. 
Certificate  to  contractor  and  publication  of  notice. 

Sec.  80.  Whenever  any  contract  shall  have  been 
completed  to  the  satisfaction  and  acceptance  of 
the  superintendent  of  streets,  he  shall  deliver  to 
the  contractor  a  certificate  to  that  effect,  and  shall 
also  notify  said  board  of  aldermen  that  said  work 
and  improvement,  and  the  contract  therefor,  have 
been  completed  to  his  satisfaction  and  acceptance, 
and  that  he  has  given  to  said  contractor  his  certifi- 
cate to  that  effect.  Thereupon  said  board  of  al- 
dermen shall  direct  the  clerk  of  said  board  to  give 
notice  by  publication  for  five  days,  in  a  newspaper 
published  and  circulated  In  such  city,  or  city  and 
county,  that  said  work  and  improvement,  and  the 
contract  therefor,  have  been  completed  to  the  sat- 
isfaction and  acceptance  of  the  superintendent  of 
streets  of  such  city,  or  city  and  county. 
Appeal  of  property  owner. 

Sec.  81.  Any  person  owning  property  which  has 
been  assessed  to  pay  the  cost  and  expenses  of 
such  work  and  improvement,  feeling  aggrieved  at 
the  manner  in  which  such  work  and  improvement 
shall  have  been  done,  or  feeling  aggrieved  at  any 
act  or  determination  of  said  superintendent  of 
streets  in  relation  to  said  work  and  improvement 
subsequent  to  the  date  of  the  execution  of  the  con- 


656  Municipal  Corporations. 

tract  therefor,  shall,  within  five  days  from  the 
first  publication  of  said  notice,  appeal  to  said 
board  of  aldermen  by  briefly  stating  their  objec- 
tions in  writing,  and  by  filing  the  same  with  the 
clerk  of  said  board.  At  the  meeting  of  the  board 
next  ensuing  after  the  expiration  of  said  five  days 
allowed  above  for  filing  said  objections,  the  said 
board,  if  no  objections  have  been  filed,  shall,  by 
resolution,  ratify  and  confirm  all  said  acts  of  said 
superintendent  of  streets,  and  shall  accept  such 
work  and  improvement.  But  if  any  such  objec- 
tions last  aforesaid  shall  have  been  filed  within 
said  five  days,  then  said  board  shall  fix  the  time 
for  hearing  such  objections,  and  shall  direct  the 
clerk  of  said  board  to  notify  all  persons  desirous 
of  being  heard  upon  said  objections  of  the  time 
and  place  when  and  where  said  board  will  hear 
all  parties  desiring  to  be  heard  upon  the  same. 
Said  notice  shall  be  in  writing,  and  shall  be  given 
by  posting  the  same  in  three  of  the  most  conspic- 
uous public  places  in  such  city,  or  city  and  coun- 
ty, and  published  five  days  in  two  daily  newspa- 
pers (one  morning  and  one  evening  edition),  at 
least  five  days  before  the  time  set  for  said  hear- 
ing. At  the  time  and  place  fixed  for  said  hearing 
of  said  objections,  said  board  shall  proceed  to  hear 
all  parties  present  and  desiring  to  be  heard  upon 
the  matters  specified  in  such  objections.  And 
whenever  said  board  shall  have  determined,  by 
personal  inspection  or  otherwise,  that  said  work 
and  improvement  objected  to  have  been  complet- 
ed in  all  respects  according  to  the  contract  there- 
for, they  shall,  by  resolution,  accept  said  work  and 
improvement,  and  ratify  and  confirm  all  said  acts 
of  said  superintendent  of  streets  in  relation  there- 
to. 
Notice  to  superintendent  of  streets. 

Sec.  82.  If,  upon  such  hearing,  said  board  of 
aldermen  shall  determine,  by  personal  inspection 
or  otherwise,  tliat  said  work  and  improvement 
have  not  been  performed  according  to  the  contract 
therefor,  then  they  shall  notify  the  said  superin- 
tendent of  streets  to  that  effect,  specifying  in  said 
notice  to  him  the  particulars  in  which  said  con- 
tract has  not  been  performed.  And  said  superin- 
tendent of  streets  shall  thereupon  at  once  cause 


Municipal  Corporations.  657 

said  contractor  to  complete  said  work  and  im- 
provement under  the  contract  therefor  in  those 
particulars  specified  by  said  board  in  said  notice 
to  said  superintendent  of  streets.  Whenever  said 
board  shall  ascertain  that  said  work  and  improve- 
ment have  been  completed  in  all  respects  accord- 
ing to  the  terms  of  the  contract  therefor,  they 
shall,  by  resolution,  accept  such  work  and  im 
provement.  All  acts  and  determinations  of  said 
board  of  aldermen  upon  appeals,  under  the  pro- 
visions of  this  and  the  next  preceding  section, 
shall  be  final  and  conclusive  upon  all  persons  en- 
titled to  an  appeal  thereunder. 
Payment  to  contractor. 

Sec.  83.  Whenever  any  work  or  improvement 
shall  have  been  so  completed  upon  any  street, 
lane,  alley,  court,  or  place  in  such  city,  or  city 
and  county,  for  the  payment  of  costs  and  expenses 
of  which  an  assessment  shall  have  been  levied  and 
collected  under  the  provisions  of  this  act,  the  said 
board  of  aldermen  shall,  by  resolution,  direct  the 
treasurer  to  pay  out  of  the  appropriate  fund,  at 
the  expiration  of  fifteen  days  from  the  passage  of 
such  resolution,  to  the  contractor  who  shall  have 
so  completed  said  work  and  improvement,  the 
amount  to  which  he  is  entitled  under  the  terms  of 
his  contract;  provided,  however,  that  such  pay- 
ment by  the  treasurer  shall  be  made  subject  to  the 
following  provisions,  to-wit:  that  any  person  or 
persons  who  have  performed  labor  upon  or  fur- 
nished materials  for  the  construction  of  said  work 
or  improvement,  may  file  within  said  fifteen  days, 
with  the  treasurer,  any  written  claim  or  claims  he 
or  they  may  have  on  account  of  such  labor  per- 
formed or  materials  furnished;  and  at  the  expira- 
tion of  said  fifteen  days,  said  treasurer  shall  pay 
to  said  contractor  the  amount  specified  in  said 
last-named  resolution,  less  the  aggregate  amount 
of  all  such  claims,  if  any,  theretofore  filed  in  ac- 
cordance with  the  provisions  of  this  section. 
Should  any  money  be  retained  by  said  treasurer 
on  account  of  such  claim  or  claims,  he  shall  pay 
over  the  amount  of  each  claim  only  upon  the  or- 
der therefor  of  said  contractor,  indorsed  by  the 
claimant  entitled  thereto,  or  upon  the  order  there- 
for of  any  court  of  competent  jurisdiction. 


65S  Municipal  Corporations. 

Repayment  of  moneys. 

Sec.  84.  And  when  all  moneys  required  to  be 
paid  by  the  said  treasurer,  under  the  last  preced- 
ing section,  shall  have  been  by  him  paid,  as  re- 
quired in  said  section,  if  there  is  any  money  re- 
maining in  the  fund  out  of  which  said  payments 
shall  have  been  made  as  aforesaid,  it  shall  be  the 
duty  of  said  treasurer  immediately  to  report  the 
amount  of  said  remaining  moneys  to  said  board  of 
aldermen.  Thereupon  it  shall  be  the  duty  of  said 
board  to  empower  and  direct  said  treasurer  to  dis- 
tribute and  repay  such  remaining  moneys,  and  in 
the  proportion  of  the  amounts  of  the  original  as- 
sessments, to  the  persons  by  or  for  whom  said 
original  assessments  were  paid,  or  to  their  legal 
representatives.  And  it  shall  be  the  duty  of  said 
treasurer,  in  each  instance  of  such  repayment,  to 
require,  receive,  and  file  away  a  receipt  of  said 
proportionate  amount  from  said  persons  or  their 
legal  representatives.  And  in  no  case  shall  a  con- 
tractor who  has  failed  to  fulfill  the  terms  and 
conditions  of  his  contract  be  entitled  to  receive 
any  portion  of  the  contract  price  therefor,  and  he 
shall  be  deemed  to  have  forfeited  all  right  to  re- 
cover or  receive  any  compensation  whatever  un- 
der said  contract. 
Kind  of  labor  on  accepted  streets. 

Sec.  85.  No  contract  to  do  any  work  upon  any 
accepted  streets,  other  than  cleaning  streets  and 
sewers,  shall  be  let,  but  such  worli  shall  be  done 
under  the  direction  of  the  superintendent  of 
streets,  by  laborers  employed  by  such  city,  or 
city  and  county,  tlirough  said  superintendent,  at 
such  wages  as  may  be  from  time  to  time  fixed  by 
the  municipal  council.  All  contracts  for  materials 
necessary  to  be  used  for  worl^  on  accepted  streets 
must  be  given  by  the  municipal  council  to  the  low- 
est bidder  offering  adequate  security,  after  due 
public  notice,  for  not  less  than  five  days,  in  at 
least  two  newspapers  published  in  such  city,  or 
city  and  county. 
Repairing  streets,   sewers,   etc. 

Sec.  80.  In  case  of  urgent  necessity,  the  super- 
intendent of  streets  may,  and  it  shall  be  his  duty 
to,  repair  any  of  the  unaccepted  public  streets, 
sewers,  or  crossings     cornering  thereon;  and  the 


Municipal  Corporations.  659 

expense  of  the  same  shall  be  paid  out  of  the  street- 
department  fund,  in  the  same  manner  as  provided 
for  the  improvement  of  accepted  streets;  and  all 
such  repairs  shall  be  made  in  uniformity  with  the 
worli  to  be  repaired,  but  such  repairs  between 
two  main  streets  shall  not  exceed  in  cost  the  sum 
of  two  hundred  dollars,  and  the  repairs  of  any 
crossing  shall  not  exceed  in  cost  the  sum  of  one 
hundred  dollars;  provided,  the  sums  so  expended 
shall  not  exceed  the  sum  of  two  thousand  dollars 
in  any  one  month.  Such  work,  and  the  material 
therefor,  shall  be  performed  and  provided  in  the 
same  manner  as  provided  in  the  foregoing  section 
concerning  labor  and  material  for  accepted 
streets. 

No  recourse  on  city  for  damage  for  accident  on 
defective  street. 
Sec.  87.  No  recourse  shall  be  had  against  such 
city,  or  city  and  county,  for  damage  to  person  or 
property  suffered  or  sustained  by  or  by  reason  of 
the  defective  condition  of  any  street  .  or  public 
highway  of  such  city,  or  city  and  county,  whether 
originally  existing  or  occasioned  by  construction, 
excavation,  or  embankment,  or  want  of  repair  of 
said  street  or  public  highway;  and  whether  such 
damage  be  occasioned  by  accident  on  said  street 
or  public  highway,  or  by  falling  from  or  upon  the 
same;  but  if  any  person  while  carefully  using  any 
street  or  public  highway  of  such  city  and  county, 
graded,  or  in  course  of  being  graded,  or  carefully 
using  any  other  street  or  public  highway  leading 
into  or  crossing  the  same,  be  injured,  killed,  lost, 
or  destroyed;  or  any  horses,  animals,  or  other 
property  be  lost,  injured,  or  destroyed,  through  any 
defect  in  said  street  or  public  highway,  graded, 
or  in  course  of  being  graded,  as  aforesaid,  or  by 
reason  of  any  excavation  or  embankment  in  or  of 
the  same,  or  by  falling  from  or  upon  such  embank- 
ment or  excavation,  then  the  person  or  persons 
upon  whom  the  law  may  impose  the  duty  either  to 
repair  such  defect  or  to  guard  the  public  from  the 
excavation,  embankment,  or  grading  aforesaid, 
and  also  the  officer  or  officers  through  whose  offi- 
cial neglect  such  defect  remained  unrepaired,  or 
said  excavation  or  embankment  remained  un- 
guarded as  aforesaid,  shall  be  jointly  and  several- 


GGO  Municipal  Corporations. 

ly  liable  to  the  person  or  persons  injured  for  the 

damages  sustained. 

Improvement  of  streets  by  property  owners. 

Sec.  88.  The  superintendent  of  streets  may  re- 
quire, at  his  option,  by  notice  in  writing,  to  be  de- 
livered to  them  personally  or  left  on  the  premises, 
the  owners,  tenants,  or  occupants  of  lots  or  portion 
of  lots  liable  to  be  assessed  for  worli  done  under 
the  provisions  of  this  chapter,  to  improve  forth- 
with any  of  the  work  mentioned  in  section  sixty- 
seven  of  this  act  in  front  of  the  property  of  which 
he  is  the  owner,  tenant,  or  occupant,  to  the  center 
of  the  street  or  otherwise,  as  the  case  may  require, 
or  to  remove  all  filth,  sand,  earth,  or  dirt  from  the 
street  in  front  of  the  premises;  and,  by  a  like  no- 
tice, to  be  served  personally  upon  the  president  or 
any  officer  of  a  railroad  corporation  or  company, 
or  to  be  left  at  the  office  of  said  corporation  or 
company,  to  require  such  corporation  or  company 
to  improve  forthwith  any  work  mentioned  in  this 
chapter,  which  said  corporation  or  company  are 
required  by  law  to  do  and  perform;  said  notice  to 
specify  what  improvement  is  required  or  work  is 
to  be  done.  After  the  expiration  of  five  days,  if 
such  notice  shall  not  have  been  complied  with, 
such  proceedings  shall  be  taken  by  the  proper  au- 
thorities to  cause  the  moneys  necessary  for  the  do- 
ing of  such  work  to  be  paid  into  the  treasury  as 
is  hereinbefore  provided  in  reference  to  work  and 
improvements  upon  unaccepted  streets,  and  to  be 
paid  for  in  the  same  manner. 
Notice,  how  served. 

Sec.  89.  Notices  in  writing,  which  are  required 
to  be  given  by  the  superintendent  of  streets,  un- 
der the  provisions  of  this  chapter,  may  be  served 
by  any  police  officer,  or  by  any  male  citizen  over 
the  age  of  twenty-one  years;  and  the  fact  of  such 
service  shall  be  verified  by  the  oath  of  the  per- 
son making  it,  taken  before  the  superintendent 
(who  is  hereby  authorized  to  administer  oaths),  or 
any  other  person  authorized  to  administer  oaths. 
The  superintendent  of  streets  shall  keep  a  record 
of  tlie  fact  of  giving  such  notices  and  proof  of  ser- 
vice, and  shall  keep  the  original  proof  thereof. 
Levy  of  taxes. 

Sec.  90.     1.     On  or  before  the  fourth  Monday  of 
July,  annually,  the  municipal  council  of  such  city. 


Municipal   Corporations.  661 

or  city  and  county,  shall  levy  the  amount  of  taxes 
for  city,  or  city  and  county,  purposes,  required  by 
law  to  be  levied  upon  all  property  not  exempt 
from  taxation;  said  amount  to  be  such  as  the  said 
council  may  deem  sufficient  to  provide  for  the  pay- 
ment of  all  demands  upon  the  treasury  authorized 
by  l^w  to  be  paid  out  of  the  same;  provided,  that 
such  taxation,  exclusive  of  any  and  all  special 
taxes,  now  or  which  hereafter  may  be  authorized 
by  law,  shall  not  in  the  aggregate  exceed  the  rate 
ot  one  dollaL-  upon  each  one  hundred  dollars  val- 
uation of  the  property  assessed;  provided  further, 
that  the  said  municipal  council  shall,  in  making 
the  said  levy  of  taxes,  apportion  and  divide  the 
taxes  so  levied,  and  to  be  collected  and  applied  to 
the  several  specific  funds  linown  as  the  corpora- 
tion debt  fund,  general  fund,  school  fund,  street- 
light fund,  street-department  fund,  or  other  fund 
provided  for  by  law  or  by  the  said  council,  accord- 
ing to  the  estimate  of  said  council  of  the  necessi- 
ties of  the  said  funds,  except  that  the  rate  for 
the  school  fund  shall  not  exceed  thirty-five  dollars 
for  each  pupil  who  shall  have  attended  and  been 
taught  the  preceding  year;  and  provided  further, 
that  the  said  municipal  council  shall  authorize  the 
disbursement  of  said  money  for  the  purposes  here- 
after mentioned;  and  at  the  close  of  each  fiscal 
year  the  said  council  shall  direct  the  treasurer  to 
transfer  all  surplus  moneys  of  all  funds,  excepting 
the  school  fund,  after  liquidating  or  providing  for 
all  outstanding  demands  upon  said  funds,  to  the 
general  fund;  but  no  money  shall  be  transferred 
from  either  of  the  said  funds  to  another,  nor  used 
in  paying  any  demands  upon  such  other  fund,  un- 
til all  the  indebtedness  arising  in  any  fiscal  year, 
and  payable  out  of  said  funds  so  raised  for  said 
fiscal  year,  shall  have  been  paid  and  discharged. 
Corporation  debt  fund. 

2.  The  corporation  debt  fund  shall  be  applied  to 
and  used  for  the  payment  of  the  interest,  and  to 
extinguish  or  provide  for  the  extinguishment  of 
the  lawfully  contracted  funded  debts  of  such  city, 
or  city  and  county,  in  accordance  with  laws  in 
force  at  the  time  of  the  organization  of  such  city, 
or  city  and  county,  under  this  act. 
Gen.  Laws~56 


602  Municipal  Corporations. 

General  fund. 

3.  The  general  fund  shall  be  applied  and  used 
for  the  payment  of  all  sums  authorized  by  law  to 
be  paid  out  of  the  general  fund,  and  not  other- 
wise provided  for  in  this  chapter. 

School  fund. 

4.  The  school  fund  shall  be  applied  and  iised 
for  the  payment  of  all  sums  authorized  by  law  to 
be  paid  out  of  the  school  fund. 

Street-light  fund. 

5.  The  street-light  fund  shall  be  applied  and 
used  in  the  payment  for  lighting  the  streets  of 
such  city  and  county,  and  for  the  repair  of  lamps 
and  posts,  in  pursuance  of  any  existing  or  future 
legal  contract  of  such  city  and  county. 

Street  department  fund. 

0.  The  street  department  fund  shall  be  applied 
and  used  for  repairing  ,and  improving  all  streets, 
lanes,  and  the  crossings  thereof,  which  shall  have 
been  or  hereafter  may  be  accepted,  so  as  to  become 
a  charge  upon  such  city  and  county;  for  cleaning 
streets,  lanes,  crossings  and  sewers;  and  for  the 
expense  of  improvements  of  streets  in  front  of 
school  lots;  for  all  street  work  in  front  of  or  as- 
sessable upon  property  belonging  to  such  city  and 
county;  for  all  street  work  on  the  water  front  of 
such  city  and  county,  not  by  law  assessable  upon 
private  property;  for  all  work  authorized  by  the 
said  council,  upon  the  recommendation  of  the  su- 
perintendent of  streets,  as  immediately  essential 
for  the  safety  of  life,  limb,  or  property,  or  neces- 
sary for  public  health,  or  which  cannot  be  by  law 
assessed  upon  private  property,  and  for  such  oth- 
er objects  relating  to  streets  and  highways  as  shall 
be  directed  by  law  or  said  council  to.  be  paid  there- 
from. All  moneys  received  from  licenses  on  vehi- 
cles, from  the  income  from  street  railroads,  from 
fines  and  penalties  for  violation  of  any  law  or  or- 
dinance regulating  vehicles  on  the  public  streets, 
shall  be  paid  into  the  street-department  fund. 
No  payment  of  public  funds  unless  authorized  by 
law. 

Sec.  91.  No  payment  can  be  made  from  the 
treasury  or  out  of  the  public  funds  of  such  city, 
or  city  and  county,  unless  the  same  be  specifically 
authorized  by  law,  nor  unless  the  demand  which 
is  paid  be  duly  audited,  as  in  this  chapter  provid 


Municipal  Corporations.  663 

ed,  and  that  must  appear  upon  the  face  of  it.  No 
demand  upon  the  treasury  shall  be  allowed  by  the 
auditor  in  favor  of  any  person,  oflScer,  company, 
or  corporation,  in  any  manner  indebted  thereto 
without  first  deducting  the  amount  of  such  in- 
debtedness, nor  to  any  person  or  officer  hav- 
ing the  collection,  custody,  or  disbursement 
of  public  funds,  unless  his  account  has 
been  duly  presented,  passed,  approved,  and  al- 
lowed, as  required  by  law;  nor  in  favor  of  any  of- 
ficer who  shall  have  neglected  to  make  his  official 
returns  or  his  reports,  in  writing,  in  the  manner 
and  at  the  time  required  by  law,  or  by  the  regu- 
lations established  by  the  municipal  council;  nor 
to  any  officer  who  shall  have  neglected  or  refused 
to  comply  with  any  of  the  provisions  of  this  or  any 
other  act  of  the  legislature  regulating  the  duties 
of  such  officer,  on  being  required  in  writing  to 
comply  therewith  by  the  president  of  the  board  of 
aldermen,  or  any  member  of  the  finance  commit- 
tee of  the  municipal  council;  nor  in  favor  of  any 
officer  for  the  time  he  shall  have  absented  himself 
without  lawful  cause,  from  the  duties  of  his  of- 
fice, during  the  office  hours  prescribed  in  this 
chapter;  and  the  auditor  may  examine  any  officer 
receiving  a  salary  from  the  treasury,  on  oath, 
touching  such  absence. 
Definition  of  "audited." 

Sec.  92.  The  term  "audited,"  as  used  in  this 
chapter  with  reference  to  demands  upon  the  treas- 
ury, is  to  be  understood  their  having  been  present- 
ed to  and  passed  upon  by  every  officer  and  board 
of  officers,  and  finally  allowed  as  required  by  law; 
and  this  must  appear  upon  the  face  of  the  paper 
representing  the  demand,  or  else  it  is  not  audited. 
^A'hat  demands  to  be  audited. 

Sec.  93.  Every  demand  upon  the  treasury,  ex- 
cept the  salary  of  the  auditor,  and  including  the 
salary  of  the  treasurer,  must,  before  it  can  be  paid, 
be  presented  to  the  auditor  for  such  city,  or  city 
and  county,  to  be  allowed,  who  shall  satisfy  him- 
self whether  the  money  is  legally  due  and  remains 
unpaid,  and  whether  the  payment  thereof  from 
the  treasury  of  such  city  and  county  is  authorized 
by  law,  and  out  of  what  fund.  If  he  allow  it,  he 
shall  indorse  imon  it  the  word  "allowed,"  with  the 


664  Municipal  Corporations. 

name  of  the  fund  out  of  which  it  is  payable,  with 
the  date  of  such  allowance,  and  sign  his  name 
thereto;  but  the  allowance  or  approval  of  the  au- 
ditor, or  the  municipal  council,  or  either  branch 
thereof,  or  any  board,  committee,  or  officer,  of 
any  demand  which,  upon  the  face  of^  it,  appears 
not  to  have  been  expressly  made  by  law  payable 
out  of  the  treasury  or  fund  to  be  charged  there- 
with, shall  afford  no  warrant  to  the  treasurer  or 
other  disbursing  officer  for  paying  the  same.  No 
demand  can  be  approved,  allowed,  audited,  or 
paid,  unless  it  specify  each  several  item,  date,  and 
value  composing  it,  and  refer  to  the  law,  by  title, 
date,  and  section,  authorizing  the  same. 
Demands  of  auditor,  how  allowed. 

Sec.  94.  The  demand  of  the  auditor  for  his 
monthly  salary  shall  be  audited  and  allowed  by 
the  president  of  the  board  of  aldermen.  All  other 
monthly  demands  on  account  of  salaries,  allow- 
ances, or  compensations  fixed  by  law  or  this  act, 
and  made  payable  out  of  the  treasury  of  such  city, 
or  city  and  county,  may  be  allowed  by  the  auditor 
without  any  approval.  All  demands  payable  out 
of  the  school  fund  must,  before  they  can  be  al- 
lowed by  the  auditor,  or  paid,  be  previously  ap- 
proved by  the  board  of  education,  or  by  the  presi- 
dent thereof,  and  superintendent  of  schools,  act- 
ing under  express  authorization  of  said  board. 
Demands  for  teachers'  wages,  or  other  expenses 
appertaining  to  any  school,  cannot  be  approved, 
allowed,  or  audited  to  any  amount  exceeding  the 
share  of  school  money  which  such  school  will  be 
entitled  to  have  apportioned  to  it  during  the  cur- 
rent fiscal  year.  All  other  lawful  demands  pay- 
able out  of  the  treasury,  or  any  public  funds  of 
such  city,  or  city  and  county,  and  not  hereinbe- 
fore in  this  section  specified,  must,  before  they 
<3an  be  allowed  by  the  auditor  in  any  manner,  or 
recognized,  or  paid,  be  first  approved  by  the  mu- 
nicipal council,  except,  if  the  demand  be  under 
two  hundred  dollars,  by  the  mayor  and  two  mem- 
bers of  the  board  of  aldermen,  appointed  by  the 
said  board  for  that  purpose,  with  power  to  act  un- 
der and  subject  to  its  instructions  and  regulations 
during  recess  of  the  said  board.  The  auditor  must 
uumber  and  keep  a  record  of  all  demands  on  the 


Municipal   Corporations.  665 

treasury  allowed  by  him,  showing  the  number, 
date,  amount,  and  name  of  the  original  and  pres- 
ent holder,  on  what  account  allowed,  out  of  what 
fund  payable,  and,  if  previously  approved,  by 
what  officer,  officers,  or  board  it  has  been  so  ap- 
proved; and  it  shall  be  deemed  a  misdemeanor  in 
office  for  the  auditor  to  deliver  any  demand  with 
his  allowance  thereon  until  this  requisite  shall 
have  been  complied  with. 
Who  may  administer  oaths. 

Sec.  95.  The  mayor,  mayor's  clerk,  auditor,  au- 
ditor's clerk,  chief  of  police,  police  commission- 
ers, president  of  the  board  of  education,  each 
member  of  the  municipal  council,  and  every  other 
officer  required  by  law  or  ordinance  to  allow,  au- 
dit, or  certify  demands  upon  the  treasury,  or  to 
perform  any  other  official  act  or  function,  shall 
have  power  to  administer  oaths  and  affirmations, 
and  take  and  hear  testimony,  concerning  any  mat- 
ter or  thing  concerning  any  demand  upon  the 
treasury,  or  otherwise  relating  to  their  official  du- 
ties. Every  officer  who  shall  approve,  allow,  or 
pay  any  demand  on  the  treasury  not  authorized 
by  law,  or  by  a  valid  ordinance  of  the  municipal 
council,  passed  in  accordance  with  the  same,  or 
in  case  it  is  the  act  of  a  board,  who  shall,  as  a 
member  thereof,  vote  for  the  same,  shall  be  liable 
to  the  city,  or  city  and  county,  individually,  and 
on  his  official  bond,  for  the  amount  of  the  demand 
so  illegally  approved,  allowed,  or  paid.  Every 
citizen  shall  have  the  right  to  inspect  the  books 
of  the  auditor,  treasurer,  secretary  of  the  board 
of  aldermen,  and  clerk  of  the  house  of  assistant 
aldermen,  at  any  time  during  business  hours. 
Copies  or  extracts  from  said  books,  duly  certified, 
shall  be  given  by  the  officer  having  the  same  in 
custody,  to  any  citizen  demanding  the  same  and 
paying  fifteen  cents  per  folio  of  one  hundred 
Avords  for  such  copies  or  extracts. 
Payment  of  audited  demands. 

Sec.  96.  Every  lawful  demand  upon  the  treas- 
ury, duly  audited  as  in  this  chapter  required, 
shall  in  all  cases  be  paid  on  presentation,  and  can- 
celed, and  the  proper  entry  thereof  be  made,  if 
there  be  sufficient  money  in  the  treasury  belong- 
ing to  the  fund  out  of  which  it  is  payable;  but 


666  Municipal  Coiijorations. 

if  there  be  not  sufficient  money  belonging  to  said 
fund  to  pay  such  demand,  then  it  shall  be  register- 
ed in  a  book  to  be  kept  by  the  treasurer  for  that 
purpose,  showing  its  number,  when  presented, 
date,  amount,  name  of  the  original  holder,  and 
on  what  account  allowed,  and  out  of  what  fund 
payable,  and  being  so  registered,  shall  be  return- 
ed to  the  party  presenting  it,  with  an  indorse- 
ment of  the  word  "registered,"  dated  and  signed 
by  the  treasurer. 
Investigation  of  non-payment  of  audited  demands. 

Sec.  97.  Whenever  any  audited  demand  has 
been  presented  to  the  treasurer  and  not  paid,  and 
it  be  made  known  to  the  president  of  the  board  of 
aldermen,  he  shall  proceed  immediately  to  investi- 
gate the  cause  for  such  non-payment,  and  if  it  be 
ascertained  that  the  demand  has  been  illegally 
and  fraudulently  approved  or  allowed,  he  shall 
cause  the  officer  guilty  of  such  illegal  and  fraud- 
ulent approval  or  allowance  to  be  suspended  and 
proceeded  against  for  misconduct  in  office.  If  he 
ascertains  that  the  demand  has  been  duly  audited, 
and  that  the  treasurer  has  funds  applicable  to 
the  payment  thereof,  which,  without  reasonable 
grounds  for  doubt  as  to  the  legality  of  such  pay- 
ment, he  refuses  to  apply  thereto,  he  shall  pro- 
ceed against  him  as  a  defaulter.  If  it  be  ascer- 
tained that  the  demand  was  not  paid  for  want  of 
funds,  then  he  shall  cause  the  tax  collector,  or 
other  officer  or  person  who  ought  to  have  collect- 
ed or  to  have  paid  the  money  into  the  treasury,  if 
they  liave  been  grossly  negligent  therein,  to  be 
proceeded  against  according  to  law  and  without 
delay. 
Keceipts  for  money  by  all  officers. 

Sec.  98.  The  treasurer,  for  all  money  received 
into  the  treasury,  and  all  other  officers  of  such 
city,  or  city  and  county,  receiving  money  from  the 
treasury  of  disbursement,  shall  give  receipt  for 
all  moneys  by  them  received,  which  receipt  shall 
be  presented  to  and  countersigned  by  the  auditor. 
Tlie  auditor,  before  countersigning  any  such  re- 
ceipt, shall  number  it  and  make  an  entry  In  a 
book  of  record  to  be  kept  in  his  office  for  that  pur- 
pose, of  the  number,  date,  and  amount,  by  whom 
and  in  whose  favor  given,  and  on  what  account. 


Mimic ipal  Corporations.  667 

No  such  receipt  shall  be  valid  as  evidence  in  fa- 
vor of  the  person  or  officer  receivins:  it  till  present- 
ed to  the  auditor  and  countersigned  as  aforesaid; 
and  any  person  or  officer  using  or  offering  to  use 
such  receipt  as  evidence  in  favor  of  such  person 
or  officer,  of  the  payment  specified  in  it,  without 
being  first  countersigned  as  above  required,  shall 
forfeit  to  such  city,  or  city  and  county,  double  the 
amount  of  money  specified  in  such  receipt. 
Remedy  against  auditor  and  other  officers. 

Sec.  99.  If  any  person  feel  aggrieved  by  the  de- 
cision of  the  auditor,  or  other  proper  officer  or 
officers  of  such  city,  or  city  and  county,  except 
the  board  of  education,  in  the  rejection  of  or  re- 
fusal to  approve  or  allow  any  demand  upon  the 
treasury  presented  by  such  person,  he  may  appeal 
and  have  the  same  passed  upon  by  the  municipal 
council,  whose  decision  thereon  shall  be  final;  and 
if  the  said  council  shall  approve  and  allow  the  de- 
mand, it  shall  afterwards  be  presented  to  the  au- 
ditor, and  entered  in  the  proper  book,  in  lil?;e  man- 
ner as  other  demands  allowed  by  him,  and  an  in- 
dorsement must  be  made  of  its  having  been  so  en- 
tered before  it  can  be  paid;  but  nothing  herein 
contained  shall  be  construed  to  bar  the  party  pre- 
senting the  claim  from  prosecuting  the  same  in 
any  court  of  competent  jurisdiction;  provided,  that 
from  the  decision  of  tlie  president  of  the  board  of 
education  and  superintendent  of  schools,  refusing 
or  not  agreeing  to  allow  any  demand  payable  out 
of  the  school  fund,  the  appeal  shall  be  taken  to  the 
board  of  education,  whose  decision  shall  be  final; 
but  nothing  herein  contained  shall  be  construed 
to  bar  the  party  presenting  the  claim  from  prose- 
cuting the  same  in  any  court  of  competent  juris- 
diction. 
Opinion  of  city  attorney. 

Sec.  100.  In  all  cases  of  such  appeals  to  the 
municipal  council,  or  the  board  of  education,  if, 
in  the  opinion  of  said  council  or  of  said  board 
deemed  expedient,  the  opinion  of  the  city,  or  city 
and  county,  attorney  shall  be  required,  and  ob- 
tained in  writing,  read,  and  filed;  and  upon  such 
appeal,  and  in  all  other  cases  upon  the  approval 
or  allowance  of  any  demand  upon  the  treasury  or 
school  fund,  the  vote  shall  be  taken  by  "yeas"  and 
"nays,"  and  entered  upon  the  records. 


668  Municipal  Corporations. 

Examination  of  boolvs  of  treasurer  and  otlier  of- 
ficers. 

Sec.  101.  The  president  of  tlie  board  of  alder- 
men, in  conjunction  witli  the  auditor  and  the 
chairman  of  the  house  of  delegates  of  such  city, 
or  city  and  county,  shall,  every  month,  examine 
the  boolis  of  the  treasurer  and  other  officers  of 
such  city,  or  city  and  county,  having  the  collec- 
tion and  custody  of  the  public  funds,  and  shall  be 
permitted,  and  it  shall  be  their  duty,  to  see  and 
count  over  all  the  moneys  remaining  in  the  hands 
of  such  treasurer,  or  other  officer,  after  having 
previously  ascertained  the  amount  which  should 
be  remaining  in  his  hands.  The  finance  committee 
shall  also,  twice  a  year,  viz.,  on  the  first  Monday 
in  July  and  January,  make  the  same  examina- 
tion of  boolvs,  count  said  money,  and  report  the 
result  to  the  municipal  council.  If  they  ascertain 
clearly  that  such  treasurer,  or  other  officer,  is  a 
defaulter,  they  shall  forthwith  take  possession  of 
all  funds,  books,  and  papers  belonging  to  such  of- 
fice, and  the  president  of  the  board  of  aldermen 
shall  appoint  a  person  to  fill  the  same  until  the 
said  defaulting  officer  can  be  proceeded  against 
according  to  law,  which  shall  be  done  without 
delay,  and  until  the  said  officer  shall  be  restored 
to  duty  or  office,  or  until  his  successor  shall  be 
appointed,  or  elected  and  qualified.  The  person  so 
appointed  shall  give  bonds  and  take  the  oath  of 
office  in  the  same  manner  as  was  required  of  the 
officer  whose  place  he  is  appointed  to  fill.  If  the 
treasurer,  or  other  officer  so  discharged  as  de- 
faulter, be  acquitted  thereof,  he  shall  resume  his 
duties. 
One-twelfth  law. 

Sec.  102.  Neither  the  municipal  council,  the 
board  of  education,  nor  any  other  board,  commis- 
sion, committee,  officer,  or  person,  shall  have  poAV- 
er  to  authorize,  allow,  contract  for,  pay,  or  render 
paj-able.  and  they  are  prohibited  from  authoriz- 
ing, allowing,  contracting,  paying,  or  rendering 
payable,  in  present  or  future,  in  any  one  month, 
any  demand  or  demands,  liability  or  liabilities, 
against  the  treasury  of  such  city,  city  and  coun- 
ty, or  the  funds  thereof,  which  shall,  in  the  aggre- 
gate, exceed  one  twelfth  part  of  the  amount  al- 
loAved  by  laws  existing  at  the  time  of  such  con? 


Municipal  Corporations.  669 

tract,  authorization,  allowance,  payment  or  lia- 
bility, to  be  expended  within  the  fiscal  year  of 
(V'hich  said  month  is  a  part;  provided,  however, 
that  if,  at  the  beginning  of  any  month,  any  mon- 
ey remains  unexpended  in  any  of  the  funds  set 
apart  for  maintaining  the  municipal  government 
of  such  city,  or  city  and  county,  and  which  might 
laAvf  ully  have  been  expended  the  preceding  month, 
such  unexpended  sum  or  sums  may  be  carried  for- 
ward and  expended  by  order  of  the  municipal 
council,  for  the  same  purpose  allowed  by  law  in 
any  succeeding  month  of  the  fiscal  year.  All  con- 
tracts, authorizations,  allowances,  payments,  and 
liabilities  to  pay,  made  or  attempted  to  be  made, 
in  violation  of  this  section,  shall  be  absolutely 
void,  and  shall  never  be  the  foundation  or  basis 
of  a  claim  against  the  treasury  of  such  city,  or 
city  and  county;  and  all  officers  of  such  city,  or 
city  and  county,  are  hereby  charged  with  notice 
of  the  condition  of  the  treasury  of  such  city,  or 
city  and  county,  and  the  extent  of  the  claims 
against  the  same. 

Duties  of  certain  officers  under  the  one-twelfth 
law. 
Sec.  103.  It  is  the  duty  of  the  superintendent  of 
streets  to  keep  an  exact  account  of  all  street  and 
sewer  worlv  upon  accepted  streets,  and  it  shall  be 
the  duty  of  the  building  committee  to  keep  an  ac- 
count of  all  work  done  on  all  public  buildings  and 
every  other  expenditure  chargeable  against  the 
treasury  in  any  of  the  departments  under  charge 
of  said  building  committee  and  officers;  and  it  is 
the  duty  of  the  superintendent  of  schools,  the 
president  of  the  board  of  education,  the  president 
of  the  board  of  fire  commissioners,  the  president 
of  the  board  of  election  directors,  the  president  of 
the  board  of  police  commissioners,  and  every  other 
officer  and  board  having  the  power  to  contract  any 
demand,  or  to  aid  in  the  contraction  of  any  de- 
mand, against  said  treasury,  to  keep  an  exact  and 
full  account  of  all  purchases,  expenditures,  and 
liabilities  made  or  contracted  in  their  respective 
departments;  and  for  the  purpose  of  making  such 
accounts,  said  officers  shall  have  power  to  demand 
and  receive  from  every  other  city,  or  city  and 
county,   officer,   detailed     statements     in  writing, 


670  Municipal  CoiiDorations. 

when  necessary  to  keep  said  accounts,  and  it  is 
hereby  made  the  duty  of  any  and  all  officers  to 
furnish  said  statements  when  demanded;  such  ac- 
counts shall  be  constantly  posted  up  to  date,  so 
that  it  can  be  Ivuown  exactly  at  any  time  what 
part  or  proportion  of  the  monthly  sum  allowed  by 
this  chapter  and  existing  laws  has  been  contract- 
ed for,  paid,  or  rendered  liable  to  pay  in  the  pres- 
ent and  future.  Such  accounts  shall  show  every 
contract  for  street  and  sewer  worli,  public  build- 
ings, purchases  of  material,  or  supplies,  or  other 
expenditure,  in  whatever  department  it  is  made, 
from  its  incipiency  through  the  various  stages  of 
progi'ess  to  completion,  with  the  amount  to  be 
paid  for  the  same  so  far  as  the  same  is  capable  of 
exact  estimation,  and  when  not,  then  a  sworn  es- 
timate by  the  proper  officer  of  the  probable  cost. 
Whenever,  at  any  time,  the  contracts  performed  or 
unperformed,  claims  due  or  to  become  due,  ex- 
ceed said  one  twelfth  part  of  the  amount  that  can 
be  lawfully  expended  out  of  any  fund  in  the  cur- 
rent fiscal  year,  the  president  of  the  board,  head 
of  department,  or  other  officer  or  board  having 
the  supervision  of  such  expenditure,  shall  give  no- 
tice thereof  in  writing,  as  to  his  or  their  depart- 
ment, to  the  auditor  and  the  treasurer,  and  to  the 
municipal  council  a  notice  in  writing,  served  up- 
on the  clerks  of  each  branch  thereof,  and  shall 
post  the  same  in  his  or  their  office,  from  which 
time  no  further  contracts  shall  be  made  or  expen- 
ditures authorized  or  allowed,  until  such  time  has 
elapsed  as  Mill  allow  of  further  proceedings  con- 
sistent with  the  provisions  of  the  law. 
Penalty  for  non-compliance  with  law. 

Sec.  104.  Any  failure  or  neglect  on  the  part  of 
any  of  said  officers  or  boards,  or  members  of 
boards,  to  comply  with  any  of  the  provisions  of  the 
preceding  sections,  shall  render  such  officer,  and 
each  member  of  such  board  consenting  thereto, 
liable  personally  and  upon  his  official  bond  to  any 
contractor  or  other  person  suffering  damage  by 
said  failure  or  neglect;  but  such  contractor  or  per- 
son damaged  shall  have  no  remedj'  against  such 
city,  or  city  and  county,  and  the  said  officers  or 
members  of  boards  authorizing  or  aiding  to  au- 
thorize, -'inditing,  or  allowing  any  claim  or  demand 


Municipal   Corporations.  671 

upon  or  against  said  treasury,  or  any  fund  there- 
of, in  contravention  thereof,  shall  be  liable  in  per- 
son and  on  his  official  bond  to  the  contractor  or 
person  damaged,  to  the  extent  of  his  loss.  The 
treasurer  paying  any  claim  authorized,  allowed, 
or  audited  in  contravention  of  the  provisions 
thereof  shall  be  liable  on  his  official  bond  to  re- 
fund the  same  to  such  city,  or  city  and  county, 
^and  it  shall  be  the  duty  of  the  city,  or  city  and 
county,  attorney  to  sue  for  the  same,  if  necessary. 
Exception  to  operation  of  one-twelfth  law. 

Sec.  105.  In  case  of  any  great  public  calamity  or 
danger,  such  as  earthquakes,  conflagrations,  pesti- 
lence, invasion,  insurrection,  or  other  great  and 
unforeseen  emergency,  the  provisions  of  the  three 
preceding  sections  may  be  temporarily  suspended, 
as  to  any  lawful  contract,  authorization,  or  ex- 
penditure necessary  to  avert,  mitigate,  or  relieve 
such  evil;  provided,  that  such  expenditure,  con- 
tract, or  authorization  shall  be  passed  by  the  un- 
animous vote  of  all  members  elected  or  appointed 
to  each  house  of  the  municipal  council,  and  en- 
tered in  the  journals  of  each  house,  and  the  char- 
acter and  fact  of  such  emergency  must  be  recited 
in  the  ordinance  authorizing  such  action;  and 
such  ordinance  must  be  approved  by  the  mayor, 
auditor,  and  treasurer  of  such  city,  or  city  and 
county. 

Printing  and  advertising  must  be  let  to  lowest  bid- 
der. 

Sec.  106.  All  city,  or  city  and  county,  official 
printing  and  advertising,  for  all  departments 
thereof,  excepting  that  of  the  sheriff's  office,  shall 
be  let  by  the  municipal  council,  during  the  month 
of  January  of  each  year,  to  the  lowest  responsible 
bidder,  printing,  publishing,  and  proposing  to  ad- 
vertise in  a  newspaper  of  general  circulation  in 
such  city,  or  city  and  county,  and  that  has  been 
in  existence  at  the  time  of  the  letting  of  said  con- 
tract at  least  three  years;  and  provided,  that  any 
such  newspaper  may  bid  for  the  whole  or  any 
part  of  the  advertising.  The  bids  shall  be  opened 
by  the  board  of  aldermen,  and  all  bidders  may  be 
present  thereat.  No  bid  shall  be  considered  in 
which  there  shall  be  any  erasure  or  interlineation. 
All  such  contracts,  when  awarded,  shall  be  enter- 


672  Municipal  Corporations. 

ed  into  and  bonds  talven  by  the  clerk  of  the  board 
of  aldermen,  in  such  sum  and  containing  such 
conditions  as  the  board  of  aldermen  shall  provide. 
Contracts,  how  made. 

Sec.  107.  All  contracts  relating  to  city,  or  city 
and  county,  affairs  shall  be  in  writing,  signed  and 
executed  in  the  name  of  the  city,  or  city  and 
county,  by  the  officer  authorized  to  make  the 
same;  and  in  cases  not  otherwise  directed  by  the 
law,  such  contracts  shall  be  made  and  entered  in- 
to by  the  mayor.  All  contracts  shall  be  counter- 
signed by  the  auditor,  and  registered,  by  number 
and  dates,  in  his  office,  in  a  book  to  be  kept  by  him 
for  that  purpose.  In  all  cases  of  letting  contracts 
to  bidders,  when  for  any  reason  a  contract  fails 
of  completion,  new  bids  shall  be  invited,  opened, 
and  awarded,  as  provided  in  this  chapter  in  the 
first  instance,  until  a  sufficient  contract  is  exe- 
cuted. In  all  cases  when  the  board  of  aldermen 
have  reason  to  think  the  prices  too  high,  or  that 
bidders  have  combined  together  to  prevent  genu- 
ine bidding,  or  for  any  reason  that  the  public  in- 
terests will  be  subserved,  it  may,  in  its  discre- 
tion, reject  any  and  all  bids,  and  cause  the  same 
to  be  readvertised.  The  provisions  of  this  act,  as 
to  bids  and  contracts,  shall  be  enforced  by  the 
municipal  council  by  appropriate  ordinances  as  to 
all  bids,  proposals,  and  contracts  with  such  city, 
or  city  and  county,  or  any  department  thereof. 


Article    IV.— Executive   Department. 

Qualifications  and  duties  of  mayor. 

Sec.  118.  The  mayor  shall  be  the  chief  execu- 
tive officer;  shall  be  a  qualified  voter,  at  least 
twenty-five  years  of  age,  and  shall  have  been  a 
citizen  of  the  United  States  and  of  this  state,  and 
a  resident  in  such  city,  or  city  and  county,  for 
three  years.  It  shall  be  his  duty  vigilantly  to  oj)- 
serve  the  official  conduct  of  all  public  officers  of 
such  city,  or  city  and  county,  and  to  take  note  of 
the  fidelity  and  exactitude,  or  the  want  thereof, 
with  which  they  execute  their  duties  and  obliga- 
tions, especially  in  the  collection,  custody,  admin- 


Municipal   Corporations.  ^73 

iStration,  and  disbursement  of  the  public  funds 
and  property,  for  which  purpose  the  bool^s,  rec- 
ords, and  official  papers  of  all  boards,  officers,  and 
magistrates  of  such  city,  or  city  and  county,  shall 
at  all  times  be  open  to  his  inspection.  He  shall 
take  especial  care  to  see  that  the  books  and  rec- 
ords of  all  such  officers  are  kept  in  legal  and  prop- 
er form;  and  any  official  defalcation,  or  willful 
neglect  of  duty,  or  official  misconduct,  which  he 
may  have  discovered,  or  which  shall  have  been  re* 
ported  to  him,  shall  at  the  earliest  opportunity  be 
laid  before  the  municipal  council,  and  before  the 
grand  jury,  in  order  that  the  public  interests  shall 
be  protected  and  the  officer  in  default  be  proceed- 
ed against  according  to  law.  He  shall,  from  time 
to  time,  give  the  municipal  council  information 
relative  to  the  state  of  such  city,  or  city  and  coun- 
ty, and  shall  recommend  to  their  consideration 
such  measures  as  he  may  deem  expedient  in  the 
mterests  of  the  city.  He  shall  take  care  that  the 
laws  of  the  state  and  the  ordinances  of  the  muni- 
cipal council  are  enforced. 
Mayor  pro  tempore. 

Sec.  119.  Whenever  and  so  long  as  the  mayor, 
from  any  cause,  is  unable  to  perform  his  official 
duties,  the  board  of  aldermen  shall  designate 
one  of  their  number  as  mayor  pro  tempore,  wno 
shall  perform  the  same. 
Special  sessions  of  council. 

Sec.  120.  The  mayor  may,  by  due  notice,  call 
special  sessions  of  the  municipal  council,  and  shall 
specially  state  to  them,  when  assembled,  the  ob- 
jects for  which  they  have  been  specially  convened, 
and  their  actions  shall  be  confined  to  such  objects. 
Duties  of  auditor. 

Sec.  121.  The  auditor  shall  be  the  head  of  the  fi- 
nance department  of  such  city,  or  city  and  coun- 
ty, and  as  such  required  to  be  constantly  acquaint- 
ed with  the  exact  condition  of  the  treasury,  and 
every  lawful  demand  upon  it.  He  shall  keep  a 
public  office,  and  give  his  personal  attendance 
there  daily  during  the  office  hours  fixed  in  this 
chapter,  and  shall  not  follow  or  engage  in  any 
other  occupation  or  calling  while  he  holds  said  of- 
fice. If  he  absents  himself  from  his  office  during 
such  office  hours,  except  on  indispensable  official 
CJen.   Laws — 57 


674  Municipal  Corporations. 

business  or  urgent  necessity,  he  shall  lose  his  sal- 
ary for  the  day;  and  it  shall  be  a  part  of  his  offi 
cial  duty  to  keep  account  of  the  times  and  occa- 
sions when  he  shall  be  so  absent  from  duty.  He 
shall  be  the  general  accountant  of  such  city,  or 
city  and  county,  and  as  such  it  shall  be  his  duty 
to  receive  and  preserve  in  his  office  all  accounts, 
books,  vouchers,  documents,  and  papers  relating 
to  the  accounts  or  contracts  of  such  city,  or  city 
and  county;  its  debts,  revenues,  and  other  fiscal 
affairs,  and  to  adopt  a  proper  mode  and  manner 
of  double-entry  book-keeping,  and  keep  the  ac- 
counts of  such  city,  or  city  and  county,  general 
and  special,  in  a  systematic  and  orderly  manner. 
He  shall  state  and  render  all  accounts  filed  or  kept 
In  his  office  between  the  city  and  other  persons  or 
body  corporate,  except  when  otherwise  provided 
by  law  or  ordinance.  He  shall  have  power  to  ad- 
minister oaths,  and  shall  require  settlements  of  ac- 
counts to  be  verified  by  affidavit  whenever  he 
thinks  proper.  He  shall  be  responsible  for  all  acts 
of  his  employees. 
Duties  of  treasurer. 

Sec.  122.  The  treasurer  of  such  city,  or  city  and 
county,  shall  receive  and  safely  keep  in  a  secure 
fire-proof  vault,  to  be  prepared  for  that  purpose, 
all  moneys  belonging  to  or  which  shall  be  paid  into 
the  treasury,  and  shall  not  loan,  use,  or  deposit  the 
same,  or  any  part  thereof,  to  or  with  any  banker 
or  other  person,  nor  pay  out  any  part  of  said 
moneys  except  on  demand  authorized  by  this 
chapter,  and  after  they  have  been  duly  audited. 
He  shall  keep  the  key  of  said  vault,  and  not  suffer 
the  same  to  be  opened  except  in  his  presence.  At 
the  closing  up  of  the  same  each  day  he  shall  take 
an  account  and  enter  in  the  proper  book  the  exact 
amount  of  money  on  hand,  and  at  the  end  of  every 
month  he  shall  make  and  publish  a  statement  of  all 
receipts  into  and  payments  from  the  treasury, 
and  on  what  account.  If  he  violates  any  of  the 
provisions  of  this  section  he  shall  be  considered 
a  defaulter,  and  shall  be  deemed  guilty  of  a  mis- 
(lemennor  in  office,  and  be  liable  to  removal,  and 
shall  be  proceeded  against  accordingly.  If  he  loan 
or  deposit  said  moneys,  or  any  part  thereof,  con- 
trary to  the  provisions  of  this  section,  or  apply  the 


Municipal  Corporations.  675 

same  to  his  own  use,  or  the  use  of  any  other  per- 
son, in  any  manner  whatsoever,  or  suffer  the  same 
to  go  out  of  his  personal  custody,  except  in  pay- 
ment of  audited  demands  upon  the  treasury,  he 
shall  be  deemed  guilty  of  a  felony,  and,  on  convic- 
tion thereof,  shall  suffer  imprisonment  in  the  state 
prison  for  a  period  not  less  than  three  months  nor 
more  than  ten  years. 
Duties  of  treasurer. 

Sec.  123.  The  treasurer  shall  keep  the  money 
belonging  to  each  fund  separate  and  distinct, 
and  shall  in  no  case  pay  demands  chargeable 
against  one  fund  out  of  moneys  belonging  to  an- 
other, except  as  otherwise  provided  in  this  chap- 
ter, without  an  express  ordinance  of  the  municipal 
council,  which  can  only  be  made  during  or  after 
the  end  of  the  third  quarter  of  the  fiscal  year,  by 
a  vote  of  two-thirds  of  each  house.  The  said 
treasurer  shall  give  his  personal  attendance  at  his 
public  office  during  the  office  hours  fixed  by  this 
chapter,  and  if  he  be  absent  himself  therefrom,  ex- 
cept on  account  of  sicliness  or  urgent  necessity  dur- 
ing such  office  hours,  he  shall  lose  his  salary  for 
the  entire  day  on  which  he  was  absent. 
Duties  of  county  clerli. 

Sec.  124.  The  county  clerk  of  such  city  and  coun- 
ty sliall  take  charge  of  and  safely  keep,  or  dispose 
of  according  to  law,  all  books,  papers,  and  records 
which  are  or  may  be  filed  or  deposited  in  his  office, 
and  of  all  the  courts  of  which  he  is  clerk;  and  he 
shall  not  allow  any  paper,  files,  or  records  to  leave 
his  custody,  except  when  required  by  the  judges 
of  the  courts,  to  be  used  by  them  or  any  of  them. 
Original  papers  not  to  be  produced  in  court  except 

on  subpoena. 

Sec.  125.  No  judge  or  officer  of  any  court  shall 
make  any  order  for  the  delivery  by  the  county 
clerk  of  such  city  and  county,  of  any  paper,  files, 
or  records  in  his  custody,  except  bills  of  excep- 
tions and  statements  on  motion  for  a  new  trial; 
nor  shall  the  courts,  or  judges  thereof,  have  any 
power  to  make  orders  for  the  delivery  of  any  cer- 
tificate of  incorporation,  bonds,  or  other  papers 
filed  with  the  said  county  clerk.  Wlienever  any  of 
said  papers  are  required  for  evidence  in  any  of 
the  courts  within  such  city  and  county,  the  county 


676  Municipal  Corporations. 

clork,  or  his  deputies,  shall  produce  the  same  under 
subpoena  or  order  of  the  court,  or  furnish  certified 
copies  of  the  same  on  application,  on  payment  to 
said  clerk  for  said  copy  at  the  rate  of  ten  cents  per 
folio  for  each  hundred  words,  which  shall  be  paid 
into  the  city  and  county  treasury  by  him. 
County  clerk  not  to  attend  as  witness  outside  of 
ci'.y.  uinless  his  expenses  are  paid. 

Sec.  120.  Neither  the  county  clerk  nor  any  of  his 
deputies  shall  be  required  to  attend  as  witnesses, 
in  their  official  capacity,  outside  of  such  city  and 
county,  except  in  criminal  cases,  unless  his  ex- 
penses be  paid  at  the  rate  of  ten  cents  per  mile  to 
and  from  the  place  where  he  may  be  required,  and 
three  dollars  a  day  for  each  day's  attendance.  A 
sufficient  number  of  deputies  shall  be  assigned 
by  him  as  courtroom  clerks  to  the  various  courts 
of  which  he  is  the  official  clerk,  while  such  courts 
are  in  session,  and  to  do  duty  in  the  office  when 
such  courts  are  not  in  session.  He  shall  transfer 
such  deputies  to  duty  in  court,  or  at  his  office,  as 
the  exigency  of  the  service  may  require,  so  as  to 
efficiently  perform  the  work  in  the  most  economi- 
cal manner  possible. 
Fee  for  law  library. 

Sec.  127.  On  the  commencement  in  or  removal  to 
the  superior  court  of  such  city  and  county  of  any 
civil  action  or  proceeding,  he  shall  collect  from 
the  plaintiff,  or  party  instituting  such  proceeding 
or  filing  the  first  papers  therein,  the  sum  of  one 
dollar,  and  pay  over  the  same  at  the  end  of  each 
month  to  the  treasurer  of  the  law  library  provid- 
ed for  in  this  chapter;  and  the  payment  of  the 
sum  of  one  dollar  shall  be  a  condition  precedent 
to  the  commencement  of  such  action  or  proceeding, 
for  which  sum  so  required  to  be  collected  he  and 
his  sureties  shall  be  responsible  on  his  official* 
bond. 
Tax   collector  to   be  charged   with   moneys,   etc., 

coming  into  his  hands. 

Sec.  128.  The  tax  collector,  upon  the  final  set- 
tlement to  be  made  by  him  as  such  tax  collector, 
according  to  the  requirements  of  the  law,  shall  be 
charged  with,  nnd  shall  pay  into  the  hands  of  the 
trcnsurc^r.  the  full  amount  of  all  taxes  paid  to  him 
under  protest  or  otherwise,  or  by  him  collected  and 


Municipal  Corporations.  677 

not  previously  paid  over,  without  any  deduction 
of  commissions,  fees,  or  otherwise;  he  shall  also 
be  charged  with  and  be  deemed  debtor  to  the  treas- 
ury for  the  full  amount  of  all  taxes  due  upon  the 
delinquent  list  delivered  to  him  for  collection,  un- 
less it  be  made  to  appear  that  it  was  out  of  his 
power  to  collect  the  same  by  levy  and  sale  of  any 
property  liable  to  be  seized  and  sold  therefor.  If 
the  impossibility  to  collect  any  portion  of  such  de- 
linquent taxes  have  resulted  from  such  neglisfence 
or  defects  in  such  assessment  caused  by  the  will- 
ful misconduct  of  the  assessor,  then  the  assessor 
whose  duty  it  was  to  make  the  assessment  shall  be 
liable  and  be  deemed  debtor  to  the  treasury  for 
the  amount  remaining  uncollected  for  that  cause. 
Election  of  assessor  and  his  duties. 

Sec.  129.  There  shall  be  elected  by  the  qualified 
voters  of  such  city,  or  city  and  county,  at  the 
general  state  election,  an  assessor,  who  shall  talie 
office  on  the  first  Monday  after  the  first  day  of 
January  next  following  his  election,  and  hold  for 
the  term  of  four  years,  and  until  his  successor  is 
elected  and  qualified.  It  shall  be  his  duty  to  as- 
sess all  taxable  property  within  such  city,  or  city 
and  county. 
Duty  of  sheriff. 

Sec.  130.  The  sheriff  shall  attend  in  person,  or 
by  deputy,  all  the  courts  in  and  for  such  city  and 
county,  except  the  police  courts.  He  shall  obey 
the  lawful  orders  and  directions  of  such  courts, 
and  in  all  other  respects  conform  to  the  laws  reg- 
ulating sheriffs  in  this  state. 
Duties  of  recorder. 

Sec.  131.  The  recorder  of  such  city  and  county 
shall  have  the  custody  of  all  books,  records,  maps, 
and  papers  deposited  in  his  office.  He,  or  his 
chief  deputy,  when  any  papers  are  presented  for 
registration,  or  to  be  copied,  shall  write  on  the 
margin  of  each  paper  so  presented  the  number  of 
folios  paid  for,  and  shall,  in  his  monthly  return  to 
the  treasurer,  certify  under  oath  the  number  of 
folios  copied  or  registered  by  each  deputy  or  copy- 
ist appointed  by  him;  and  such  certificate  of  the 
recorder  or  his  chief  deputy  shall  be  conclusive 
evidence  to  authorize  the  auditor  to  audit  such 
certified    accounts   of    such   deputies  or  copyists 


678  Municipal  Coi"porations. 

monthly.    He  shall  appoint  as  many  copyists  as 

he  shall  deem  necessary  to  the  proper  discharge  of 

the  duties  of  his  office,  who  shall  be  paid  at  the 

rate  of  twelve  cents  per  folio      of   one  hundred 

words  for  all  matters  registered  or  copied  by  them 

respectively. 

Duties  of  district  attorney. 

Sec.  132.  Tlie  dif^trict  attorney  is  the  public  pros- 
ecutor, and  shall  be  an  attorney  of  the  supreme 
court,  and  shall  attend  the  superior  court  of  this 
state,  in  and  for  such  city  and  county,  and  such 
other  courts  as  may  be  hereafter  established  in 
and  for  the  same,  and  conduct  therein,  on  behalf 
of  the  people,  all  prosecutions  for  public  offenses. 
He  shall  perform  such  other  duties  as  are  pre- 
scribed by  law. 
Duties  of  city  and  county  attorney. 

Sec.  133.  The  city,  or  city  and  county,  attorney 
shall  be  an  attorney  of  the  supreme  court,  and 
shall  prosecute  and  defend  all  suits  and  actions  at 
law  and  in  equity,  and  conduct  all  legal  proceed- 
ings, in  the  courts  and  elsewhere,  necessary  to 
preserve  and  protect  such  city's,  or  city  and  coun- 
ty's, rights,  whether  such  suits  or  proceedings 
be  conducted  in  the  name  of  such  city,  or  city 
and  county,  or  in  the  name  of  others.  He  shall 
give  legal  advice  to  the  city  government,  and  all 
the  officers,  boards,  and  departments  thereof, 
wlien  required  so  to  do,  and  perform  such  other 
duties  as  such  attorney  as  the  municipal  council 
shall  from  time  to  time  prescribe.  He  shall  keep 
in  his  office  well-bound  books  of  registry,  in  which 
shall  be  entered  and  kept  a  register  of  all  actions, 
suits,  and  proceedings  in  which  such  city,  or  city 
and  county,  is  interested.  Each  outgoing  city,  or 
city  and  county,  attorney  shall  deliver  such  books 
and  all  other  records,  law  reports,  quarterly  re- 
ports from  municipal  boards  and  officers,  docu- 
ments, statutes,  papers,  furniture,  and  property, 
in  his  possession,  to  his  successor  in  office,  who 
shall  give  him  duplicate  receipts  therefor,  one  to  be 
filed  in  the  office  of  the  auditor,  and  one  to  be  re- 
tained by  the  outgoing  city,  or  city  and  county, 
attorney. 
Public  administrator. 

Sec.  134.  The  public  administrator  of  such  city, 


Municipal  Corporations.  679 

or  citv  and  county,  shall  be  subject  to  the  orders 
of  the  superior  court  in  and  for  such  city,  or  city 
and  county,  and  shall  perform  all  the  duties  pre- 
scribed by  law. 
Duties  of  coroner. 

Sec.  lo5.  The  coroner  of  such  city,  or:  city  and 
county,  in  addition  to  the  duties  imposed  by  law 
upon  every  coroner,  shall  keep  a  record  of  all  in- 
quests held  by  him,  with  a  copy  of  all  testimony 
and  the  inquisition  of  the  jurors  in  full;  and  in 
case  of  loss  of  the  original  records,  the  same  shall 
be  admissible  in  evidence  with  like  effect  as 
the  original  would  have  been.  He  may  appoint 
Buch  deputies,  and  a  messenger  or  messengers,  as 
are  allowed  in  this  act,  or  as  may  be  hereafter  al- 
lowed by  the  municipal  council  of  such  city,  or  city 
and  county.  He  shall  receive  no  fees  for  any  ser- 
vices rendered  by  him. 
Duties  of  superintendent  of  streets. 

Sec.  136.  The  superintendent  of  streets  shall 
keep  a  public  office,  in  some  convenient  place,  to 
be  designated  by  the  municipal  council.  His  of- 
fice shall  be  kept  open  as  in  this  chapter  provided. 
He  shall  not,  during  his  continuance  in  office,  fol- 
low any  other  profession  or  calling,  but  shall  be 
required  to  devote  himself  exclusively  to  the  du- 
ties of  his  said  office.  He  shall  have  under  his 
special  charge  the  construction,  reconstruction, 
repairing,  and  cleansing  of  all  public  sewers,  man- 
holes, sinks,  drains,  cesspools,  and  of  the  public 
streets,  highways,  alleys,  places,  and  squares,  ex- 
cepting the  parks.  It  shall  be  his  duty  to  see  that 
the  laws,  orders,  and  regulations  relative  to  the 
public  streets  and  highways,  alleys,  places,  and 
squares  are  carried  into  execution,  and  that  the 
penalties  therefor  are  rigidly  enforced,  as  may  be 
prescribed  by  the  municipal  council.  He  shall 
keep  himself  informed  of  the  condition  of  all  pub- 
lic streets,  highways,  alleys,  places,  and  squares; 
and  should  he  fail  to  see  that  the  laws,  ordinances, 
and  regulations  relating  to  the  public  streets, 
highways,  alleys,  places,  and  squares  are  carried 
into  execution,  after  notice  from  any  citizen  of  a 
violation  thereof,  such  superintendent  and  his 
sureties  shall  be  liable  upon  his  official  bond  to 
any  person  injured  in  person  or  property  by  such 
official  neglect. 


680  Municipal  Corporations. 

Duties  of  surveyor. 

Sec.  137.  The  city,  or  city  and  county,  surveyor 
shall  be  engineer-in-chief  of  such  city,  or  city  and 
county,  and  of  the  sewerage  system;  shall  make 
all  necessary  plans,  surveys,  maps,  and  drawings, 
and  other  necessary  things,  and  keep  the  same  in 
his  office,  and  all  such  maps,  plans,  machinery, 
and  drawings  shall  be  the  property  of  such  city, 
or  city  and  county,  and  remain  in  the  office,  and 
be  transferred  by  the  outgoing  to  the  incoming 
officer.  He  shall  do  all  necessary  surveying  and 
engineering  for  the  streets,  alleys,  highways,  and 
squares,  at  the  request  of  the  municipal  council, 
or  of  any  committee  appointed  by  either  branch 
of  the  same,  and  all  or  any  other  surveying  and 
engineering  work  that  such  city,  or  city  and  coun- 
ty, may  require,  and  of  the  public  parks,  at  the 
request  of  the  park  commissioners. 
Appointment  of  collector  of  licenses  and  his  duties. 

Sec.  138.  Within  twenty  days  after  their  first 
meeting,  the  municipal  council  of  such  city,  or  city 
and  county,  shall  appoint  a  suitable  person  as  col- 
lector of  licenses  of  such  city,  or  city  and  county, 
wlio  shall  hold  office  for  two  years  from  and  after 
his  appointment,  and  until  his  successor  shall  be 
appointed  and  qualified.  In  case  of  a  vacancy  oc- 
curring by  death  or  otherwise  in  the  office  of  the 
collector  of  licenses  of  such  city,  or  city  and  coun- 
ty, holding  his  office  under  the  provisions  of  this 
chapter,  the  same  shall  be  filled  for  the  remain- 
der of  the  unexpired  term  by  appointment  of  the 
board  of  aldermen;  and  in  case  of  the  inability  of 
said  collector  of  licenses  to  act,  his  place  shall,  in 
the  same  manner,  be  temporarily  filled  until  such 
disability  is  removed.  J'he  collector  of  licenses 
and  his  deputies  are  hereby  authorized,  empow- 
ered, and  required  to  collect  all  the  municipal  li- 
censes now  required  to  be  collected,  or  which  shall 
hereafter  be  required  to  be  collected,  by  them,  or 
either  of  them;  and  it  shall  be  the  duty  of  said 
collector  of  licenses,  and  his  deputies,  or  assist- 
ant collectors,  to  attend  to  the  collection  of  li- 
censes, and  examine  all  places  of  business  and 
persons  liable  to  pay  licenses,  and  to  see  that  li- 
censes are  taken  out  and  paid  for.  They  shall 
each   have   and   exercise,    in   the  performance   of 


^Municipal:  Corporations.  681 

their  official  duties,  the  same  powers  as  police 
officers  in  serving  process  or  summons,  and  in 
making  arrests;  also  shall  each  have  and  exercise 
the  power  to  administer  such  oaths  and  affirma- 
tions as  shall  be  necessary  in  the  discharge  and 
exercise  of  their  official  duties;  and  they,  and  each 
of  them,  are  hereby  empowered  to  enter  any  place 
of  business  for  which  a  license  by  law  is  provid- 
ed and  required,  free  of  charge,  at  their  pleasure, 
and  to  demand  the  exhibition  of  any  license  for 
the  current  time  from  any  person,  or  firm,  or  cor- 
poration engaged  or  employed  in  the  transaction 
of  any  business  for  which  a  license  is  by  law 
rendered  necessary;  and  if  such  person,  or  firm,  or 
corporation,  or  either  of  them,  shall  be  unable,  or 
refuse,  or  neglect,  or  fail,  to  then  and  there  exhibit 
such  license,  he,  she,  or  they,  as  the  case  may  be, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  accordingly. 
License  moneys. 

Sec.  130.  The  collector  of  licenses  shall  daily  pay 
to  the  treasurer  of  such  city,  or  city  and  county, 
ail  moneys  so  collected  for  licenses  sold,  or  by  him 
received  as  fees;  and  shall,  under  oath,  at  least 
once  in  each  calendar  month,  and  oftener  when 
required  so  to  do  by  the  auditor,  malie  to  the  au- 
ditor a  report  of  all  such  licenses  sold  and  on  hand, 
and  of  all  amounts  so  paid  to  the  city,  or  city  and 
county,  treasurer;  shall  at  such  time  exhibit  to  the 
auditor  all  unsold  licenses  in  his  hands,  and  the 
treasurer's  receipts  for  all  moneys  paid  into  the 
treasury;  and  all  licenses  so  signed  by  the  license 
collector,  or  deputy  license  collector,  or  either  of 
them,  shall  be  as  valid  as  if  signed  by  the  city,  or 
city  and  county,  treasurer.  All  fees  so  paid  to 
him  shall  be  placed  to  the  credit  of  the  proper  fund 
by  the  treasurer. 
Department  of  police. 

Sec.  140.  The  department  of  police  of  such  city, 
or  city  and  county,  shall  consist  of: 
Police  commissioners,  how  appointed. 

1.  A  board  of  police  commissioners  of  such  city, 
or  city  and  county,  consisting  of  five  members, 
each  of  whom  shall  be  a  qualified  voter,  at  least 
thirty  years  of  age,  and  shall  have  been  a  citizen 
of  the  United  States  and  of  this  state,  and  a  resi- 


682  Miinic'ipal  Corporations. 

dent  of  snch  city,  or  city  and  county,  for  five  years 
next  precedin.s:  his  appointment,  four  of  whom 
shall  be  appointed  by  the  governor  and  chief  jus- 
tice of  the  supreme  court  of  the  state  of  Califor- 
nia, within  thirty  days  after  the  organization  of 
such  city,  or  city  and  county,  under  this  act;  and 
who  shall  hold  office  for  the  term  of  four  years 
from  and  after  the  first  Monday  next  succeeding 
the  date  of  their  appointment,  and  until  their 
successors  are  appointed  and  qualified;  and  in  the 
month  next  preceding  the  expiration  of  the  said 
term,  and  every  four  years  thereafter,  the  said  gov- 
ernor and  chief  justice  of  the  supreme  court 
shall  appoint  their  successors,  who  shall  hold  office 
for  the  term  of  four  years  from  and  after  the  first 
Monday  next  succeeding  the  date  of  their  appoint- 
ment; but  in  making  such  appointments,  the  said 
governor  and  chief  justice  shall  elect  two  quali- 
fied persons  from  each  of  the  two  dominant  na- 
tional political  parties.  Vacancies  that  may  occur 
in  the  office  of  any  of  the  members  so  appointed 
shall  be  filled  by  appointment  by  said  governor 
and  chief  justice,  of  some  suitable  person  of  the 
same  political  party  as  that  to  which  the  last  in- 
cumbent belonged,  and  for  the  remainder  of  the 
vacant  term  only.  The  four  members  appointed, 
as  hereinbefore  provided,  shall  meet  in  such  city, 
or  city  and  county,  on  the  first  Monday  next  suc- 
ceeding the  date  of  their  appointment,  and  shall 
forthwith  organize  by  electing  one  of  their  number 
president,  and  shall  appoint  the  other  member  of 
said  board,  who  shall  be  the  chief  of  police  of 
such  city,  or  city  and  county.  Every  member  of 
said  board  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  the  following  oath 
or  affirmation:  "I  do  solemnly  swear  (or  affirm,  as 
the  case  may  bo),  that  I  will  support  the  constitu- 
tion of  the  United  States  and  the  constitution 
of  the  state  of  California;  that  I  will  faithful- 
ly discharge  the  duties  of  police  commissioner  ac- 
cording to  the  best  of  my  ability;  and  that  in  the 
discharge  of  my  duties  I  will  make  no  appoint- 
ment to  or  removal  from  the  police  force  for  po- 
litical or  partisan  reasons;  and  that  I  will,  to  the 
best  of  my  ability,  discharge  the  duties  of  said  of- 
fice impartially  and  uninfluenced  by  political  con- 
siderations, or  any  consideration  other  than  that 


Municipal  Corporations.  683 

of  the  public  good."  Every  member  of  said  board 
who  shall  absent  himself  from  such  city,  or  city 
and  county,  for  the  continuous  period  of  sixty 
days,  shall,  by  force  thereof,  cease  to  be  a  police 
commissioner,  and  his  office  shall  become  vacant. 
No  member  of  said  board  shall  be  eligible  to  any 
other  office  during  his  incumbency  of  the  office 
of  police  commissioner.  No  member  of  said  board 
shall,  during  his  term  of  office,  be  a  member  of 
any  convention,  the  purpose  of  which  is  to  nomin- 
ate candidates  for  office,  nor  act  as  a  judge,  in- 
spector, clerli,  or  officer  of  any  election,  or  pri- 
mary election,  or  talie  part  in  any  election  except 
to  deposit  his  vote;  nor  shall  any  member  of  said 
board,  directly  or  indirectly,  influence,  or  attempt 
to  influence  or  control,  the  political  action  of  any 
member  of  the  police  force  of  such  city,  or  city  and 
county,  or  any  employee  of  said  department;  nor 
shall  any  member  of  said  board  collect,  or  suf- 
fer to  be  collected,  from  any  member  or  employee 
of  said  department,  any  assessment  or  contribu- 
tion for  political  purposes.  A  violation  of  any  of 
the  provisions  of  this  section  shall  be  a  misde- 
meanor, and  shall  be  cause  for  the  immediate  re- 
moval from  office  of  the  person  guilty  of  such  vio- 
lation. The  said  board  shall  hold  sessions  at  least 
once  a  month  in  the  office  of  chief  of  police,  or  in 
such  other  convenient  place  as  the  municipal  coun- 
cil of  such  city,  or  city  and  county,  shall  desig- 
nate, or,  in  case  of  emergency,  at  such  place  as  it 
shall  select,  and  the  clerk  of  the  chief  of  police, 
hereinafter  provided  for,  shall  act  as  clerk  of  said 
board.  Every  member  of  said  board,  and  the  clerk 
of  said  board,  shall  have  power  to  administer 
oaths  in  all  matters  pertinent  to  the  business  of 
their  respective  offices,  and  in  all  investigations 
pending  before  said  board,  or  any  member  thereof. 
The  said  board  shall  keep  a  record  of  its  proceed- 
ings. The  said  board  shall  have  power: 
Powers  of  board. 

1.  To  appoint,  suspend,  or  remove  any  person 
from  the  police  force  of  such  city,  or  city  and 
county;  provided,  however,  that  the  chief  of  po- 
lice shall  only  be  removable  in  the  manner  pro- 
vided by  law  for  the  removal  of  other  municipal 
officers. 


684  Municipal  Corporations. 

Prescribe  rules. 

2.  To  prescribe  all  needful  rules  and  regulations 
for  the  control,  government,  and  discipline  of  said 
police  force,  and  from  time  to  time  to  alter  or  re- 
peal the  same,  and  prescribe  penalties  for  the  vio- 
lation of  any  of  them. 

Determine  complaints. 

3.  To  hear  and  summarily  determine  all  com- 
plaints of  misconduct,  inefficiency,  or  other  charge 
against  any  member  of  said  police  force,  and  to 
talve  such  action  thereon  as  shall  be  conducive  to 
the  maintenance  of  the  discipline  and  efficiency 
of  the  same. 

Grant  permits. 

4.  To  grant  permits  to  all  persons  desiring  to  en- 
gage in  the  retail  liquor  business  in  such  city,  or 
city  and  county,  and  to  revolve  any  such  per- 
mit whenever  it  shall  be  made  to  appear  to 
said  board  that  the  retail  liquor  business  of 
the  person  to  whom  such  permit  was  given 
is  conducted  in  a  disorderly  or  improper  man- 
ner, or  whenever  it  shall  be  made  to  appear 
that  the  person  to  whom  such  permit  was 
granted  has,  after  the  grant  of  such  permit, 
been  convicted  in  the  police  or  other  court  of  such 
city,  or  city  and  county,  of  disorderly  or  improp- 
er conduct,  or  of  the  commission  of  any  criminal 
otfense  upon  the  premises  whereon  such  retail 
liquor  business  is  conducted;  provided,  however, 
that  whenever  said  board  refuses  to  grant  such 
permit,  or  proposes  to  revoke  such  permit,  the  per- 
son who  is  refused  such  permit,  or  whose  permit 
is  proposed  to  be  revoked,  shall  be  entitled  to  be 
heard  bofoT-e  said  board  in  person  or  through  coun- 
sel, and  to  have  free  of  charge  all  reasonable  facil- 
ities for  the  full,  fair,  and  impartial  hearing  on 
the  merits  of  iiis  application  or  opposition.  In 
such  permit  sliall  be  distinctly  stated  and  described 
the  name  of  the  person  to  whom  the  same  is  given, 
and  the  premises  on  which  such  retail  business  is 
proposed  to  be  carried  on. 

Appoint  special  officers. 

5.  Upon  the  petition  of  any  person,  firm,  or  cor- 
poration, to  appoint  a  special  officer  to  do  special 
service  to  be  paid  for  by  such  person,  firm,  or  cor- 
poration,  specifying  the   boundary   or  locality  at 


Municipal  Colorations.  685 

or  within  which  he  is  to  act  as  such  special  offi- 
cer, which  boundary  or  locality  shall  be  described 
in  his  warrant  of  appointment;  provided,  that  no 
special  officer,  shall  be  appointed  to  act  in 
any  part  of  such  city,  or  city  and  county,  common- 
ly known  as  the  Chinese  quarter;  and  provided 
further,  that  all  special  officers  shall  report  daily 
to  the  chief  of  police,  and  be  subject  to  his  orders 
in  case  of  emergency;  and  in  no  event  shall  such 
officers  be  paid  by  such  city,  or  city  and  county. 
Badge. 

6.  To  prescribe  the  badge  of  office  and  uniform 
to  be  worn  by  all  members  of  the  police  force,  and 
the  badge  of  office  to  be  worn  by  all  special  offi- 
cers. 

Contingent  expenses. 

7.  To  allow  and  order  paid  out  of  the  police  con- 
tingent fund,  for  contingent  expenses,  any  and  all 
orders  signed  by  the  chief  of  police;  provided,  tliat 
the  aggregate  of  such  orders  shall  not  exceed  the 
sum  of  seven  thousand  two  hundred  dollars  a 
year,  which  sum  shall  be  set  apart  annually  in  the 
treasury  of  said  city  and  county  for  this  purpose. 
Appoint  substitutes. 

8.  To  appoint  substitutes,  not  to  exceed  four  per 
cent  of  the  police  force,  to  serve  under  such  regu- 
lations, and  subject  to  such  restrictions,  as  it  may 
prescribe,  and  without  pay  from  such  city,  or  city 
and  county. 

Issue  subpoenas,  etc. 

9.  To  issue  subpoenas,  tested  in  the  name  of  its 
president,  and  to  enforce  obedience  thereto,  and 
punish  disobedience  thereof,  in  the  same  manner 
and  to  the  like  extent  as  the  justices'  court  of  such 
city,  or  city  and  county;  and  to  exercise  the  same 
powers  as  the  said  justices'  court  in  preserving 
decorum  in  all  open  sessions  of  said  board,  and  to 
punish  any  contempt  committed  thereat. 
Designate  prisons. 

10.  To  designate  the  prisons  to  be  used  for  the 
reception  of  all  persons  arrested,  convicted,  or 
sentenced  for  public  offenses  in  cases  not  provided 
for  by  law  or  by  ordinance;  to  establish  stations 
and  station  houses,  or  substations  and  substation- 
houses,  at  its  discretion,  for  the  accommodation 

Gen.   Laws— 58 


6SQ  Municipal  Corporations. 

thereat  of  members  of  the  police  force,  and  as 
places  of  temporary''  detention  for  persons  arrested. 
Discretionary  powers. 

11.  In  its  discretion,  on  conviction  of  a  member 
■of  the  force  of  any  legal  offense,  or  neglect  of 
duty,  or  violation  of  the  rules  of  the  board,  or  neg- 
lect of  or  disobedience  of  orders,  or  incapacity,  or 
absence  without  leave,  or  any  conduct  injurious 
to  the  public  peace  or  welfare,  or  other  breach  of 
disciplin-;',  or  immoral  conduct,  or  any  conduct  un- 
becoming an  officer,  to  punish  the  offending  party 
by  reprimand,  forfeiting  and  withholding  pay  for 
a  special  time,  suspension,  or  dismissal  from  the 
force:  all  such  fines  shall  be  immediately  paid 
into  tiie  treasury  to  the  credit  of  the  police  life  and 
health  insurance  fund. 

Warrant  of  appointment. 

12.  To  issue  to  every  member  of  the  police  force 
a  proper  warrant  of  appointment,  signed  by  the 
president  and  countersigned  by  the  clerk  of  the 
board,  which  warrant  shall  contain  the  date  of  his 
appointment  and  his  rank. 

Supplies. 

13.  To  make  a  requisition  on  the  municipal  coun- 
cil of  such  city,  or  city  and  county,  for  all  supplies 
or  necessaries  that  may  be  required  in  the  adminis- 
tration of  the  department;  provided,  that  the  ag- 
gregate amount  of  the  same,  exclusive  of  salaries, 
shall  not,  in  any  one  fiscal  year,  exceed  the  sum 
of  five  thousand  dollars. 

Report,   when   made. 

14.  To  annually,  on  or  before  the  first  day  of 
August,  report  to  the  municipal  council  an  esti- 
mate of  the  amount  of  money  that  will  be  required 
to  pay  all  salaries  of  the  department,  and  of  the 
amount  of  money  that  will  bo  required  for  the  ad- 
ministration and  support  of  the  department  in  such 
year,  specifying  in  detail  the  purposes  and  items 
for  which  the  same  will  be  required,  with  the  esti- 
mated cost  thereof,  respectively. 

Sale  of  property. 

15.  To  provide  for  the  custody,  care,  restitution, 
sale,  time,  place,  and  manner  of  sale  of  all  prop- 
erty that  may  come  into  the  possession  of  the 
property  clerk  hereinafter  provided  for. 


Municipal   Coi*porations.  QSf 

Control  police  life  insurance  fund. 

16.  To  control,  care  for,  and  manage  the  police 
life  and  health  insurance  fund  hereinafter  men- 
tioned, which  fund  shall  consist  of  the  monej^s  re- 
tained from  the  monthly  salaries  of  the  members 
of  the  police  force,  fines  collected  from  members  of 
said  force,  and  of  such  other  moneys  as  may  be 
contributed  thereto  by  law,  or  ordinance,  or  by 
gift,  devise,  or  bequest,  and  of  all  moneys  to  the 
credit  of  said  fund  at  the  time  said  board  shall 
talie  ofSce,  and  to  invest  the  moneys  of  said  fund 
in  such  of  the  following  securities  as  shall  seem 
most  safe  and  profitable,  viz.,  the  bonds  of  such 
city,  or  city  and  county,  the  bonds  of  the  state  of 
California,  and  the  bonds  of  the  United  States  of 
America.  The  moneys  and  securities  shall  be  held 
by  the  treasurer  of  such  city,  or  city  and  coun+y, 
who  shall  have  no  power  to  deposit,  pledge,  or  in 
any  other  way  part  with  the  same,  except  on  the 
order  of  said  board. 

I'ayment  to  heirs  out  of  fund. 

17.  To  order  paid,  upon  the  death  of  any  member 
of  the  police  force,  out  of  the  police  life  and  health 
insurance  fund,  to  the  heirs  of  such  member,  the 
sum  of  one  thousand  dollars. 

Repayment  to  infirm  officers. 

18.  To  order  paid,  out  of  the  police  life  and  health 
insurance  fund,  to  any  police  oflicer  who  shall  re- 
sign by  reason  of  bad  health  or  bodily  infirmity, 
the  amount  of  the  principal  sum  which  such  oflicer 
shall  have  contributed  thereto. 

Repayment  to  incompetent  officers. 

19.  To  order  paid,  out  of  the  police  life  and 
health  insurance  fund,  to  any  officer  dismissed  for 
mere  incompetency,  not  coupled  with  any  offense 
against  the  laws  of  this  state,  an  amount  not  ex- 
ceeding one-half  of  the  principal  which  such  officer 
may  have  contributed  thereto;  provided,  that  any 
officer  dismissed  for  gross  neglect  or  violation  of 
duty,  or  upon  conviction  of  any  misdemeanor  or 
felony,  shall  forfeit  all  claim  upon  said  fund. 
Registration  of  demands. 

20.  In  case  said  police  life  and  health  insurance 
fund  shall  not  be  sufficient  to  pay  the  demands  on 
it,  to  cause  such  demands  to  be  registered,  and  to 
be  paid  in  their  order  out  of  the  fund  as  received. 


688  Municipal   Corporations. 

Eepayment  of  excess  to  certain  officers. 

21.  When  the  police  life  and  health  insurance 
fund  shall  exceed  the  sum  of  fifty  thousand  dol- 
lars, to  allow  and  order  paid  out  of  the  same,  to 
any  officer  who  shall  have  been  permanently  dis- 
abled while  in  the  discharge  of  his  duty  as  such  of- 
heei-,  such  sum  as  in  their  judgment  they  shall  deem 
proper,  not  to  exceed  one  thousand  dollars;  but  in 
no  case  shall  said  fund  be  reduced  thereby  below 
the  sum  of  fifty  thousand  dollars.  The  president 
of  said  board  shall  receive  a  salary  of  three  thou- 
sand dollars  per  annum.  The  other  members  of 
said  board  shall  each  receive  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum,  payable 
monthly,  at  the  end  of  each  and  every  month. 
Chief  of  police,  his  powers  and  duties. 

2.  A  chief  of  police,  appointed  as  hereinbefore 
provided,  who  shall  have  power  to  select  and  des- 
ignate one  police  officer  to  serve  as  clerk  to  the 
chief  of  police;  one  police  officer  to  serve  as  prop- 
erty clerk,  who,  before  entering  upon  his  duties, 
shall  give  bond,  with  good  and  sufficient  sureties, 
in  the  sum  of  ten  thousand  dollars,  to  such  city, 
or  city  and  county,  to  be  approved  as  in  cases  of 
other  official  bonds,  which  bond  shall  be  filed  with 
the  auditor  of  such  city,  or  city  and  county; 
twelve  detective  officers,  and  thirty  sergeants  of 
police.  He  shall  have  the  sole  and  exclusive  con- 
trol, direction,  and  superintendence  of  the  city 
prisons  of  such  city,  or  city  and  county,  and  may 
detail  to  duty  therein  such  number  of  officers  as 
the  exigencies  shall  require.  In  the  suppression  of 
any  riot,  public  tumult,  disturbances  of  the  pub- 
lic peace,  or  organized  resistance  against  the 
laws,  or  public  authorities,  in  the  lawful  exercise 
of  their  functions,  he  shall  have  all  the  powers 
that  now  are  or  may  be  conferred  upon  sheriffs  by 
the  laws  of  this  state;  and  his  lawful  orders  shall 
be  promptly  executed  by  all  police  officers,  and 
every  citizen  sliall  also  lend  him  aid,  when  re- 
quired, for  the  arrest  of  offenders  and  the  mainte- 
nance of  public  order.  In  case  of  great  public 
emergency  or  danger,  he  may  appoint  an  addi- 
tional number  of  policemen  of  approved  character 
for  honesty  and  sobriety,  who  shall  have  the  same 
powers  as  other  police  officers,  but  who  shall  act 


Municipal  Corporations.  689 

without  pay.  In  case  of  imminent  dan.2rer  of  riot, 
or  actual  riot,  or  organized  resistance  to  the  laws, 
he  shall  have  power,  and  it  shall  be  his  duty,  if 
in  his  opinion  the  organized  police  force  be  insuffi- 
cient in  number  or  unequal  in  strength  to  preserve 
the  peace  and  maintain  public  order,  to  make  his 
requisition  on  the  governor,  or  in  case  of  urgency 
on  the  nearest  military  commander  in  the  national 
liuard  of  California,  for  such  military  force  as  may 
be  necessary  for  the  occasion;  and  such  military 
force  shall  be  placed  under  his  command  until  the 
restoration  of  order  and  tranquility,  or  until  the 
governor  declares  such  city,  or  city  and  county,  m 
a  state  of  insurrection,  as  provided  by  law.  He 
shall  keep  a  public  office,  which  shall  be  open,  and 
at  which  he,  or  in  case  of  his  necessary  absence, 
a  captain  of  police  or  sergeant  of  police  by  him 
designated  for  that  purpose,  who  shall  have,  dur- 
ing such  absence,  the  same  powers  as  are  conferred 
by  law  u]ion  the  chief  of  police,  shall  be  in  attend- 
ance at  all  hours  of  the  day  and  night.  In  case  of 
his  absence  from  his  office,  it  shall  be  made  known 
to  the  captain  or  sergeant  of  police  in  attendance 
where  he  can  be  found  if  needed.  He  shall  desig- 
nate one  or  more  police  officers  to  attend  con- 
stantly upon  the  police  court  to  carry  on  the  bus- 
iness, and  to  execute  the  orders  and  process  of 
said  court.  He  shall  command,  supervise,  and  di- 
rect the  police  force;  and  shall  observe,  and  cause 
to  be  observed  and  enforced,  the  laws  and  ordi- 
nances within  such  city,  or  city  and  county.  He 
shall  see  that  all  lawful  orders  and  process  of  the 
police  court  are  promptly  executed;  and  shall  ex- 
ercise such  other  powers  connected  with  his  office 
as  may  be  prescribed  by  law,  or  by  the  rules  and 
regulations  adopted  by  the  board  of  police  com- 
missioners. He  shall  acquaint  himself  with  all 
the  statutes  and  laws  in  force  in  this  state  defin- 
ing public  offenses  and  nuisances  and  regulating 
the  criminal  proceedings;  and  shall  procure  and 
keep  in  his  office  the  statutes  of  this  state  and  of 
the  United  States,  and  all  elementary  works  on 
those  subjects.  He  shall  give  information  and 
advice  touching  said  laws  gratuitously  to  all  po- 
lice officers  asking  for  it.  He  shall  have  power 
from  time  to  time  to  dispose  of  such  sum  or  sums 


H90  Mimicipal  Corporations. 

for  incidental  expenses  as  in  his  judgment  shall 
be  for  the  best  interest  of  such  city,  or  city  and 
county:  provided,  that  the  aggregate  of  all  such 
sums  shall  not.  in  any  one  fiscal  year,  exceed  the 
sum  of  seven  tliousand  two  hundred  dollars;  but 
all  sums  so  disbursed  or  paid  shall  be  subject  to 
the  approval  of  the  said  board.  He  may,  for  good 
cause,  grant  leave  of  absence  for  not  more  than 
thirty  days  to  any  member  of  the  police  force:  but 
officers  absent  from  the  city  within  or  without  the 
state  on  official  business  shall  not  be  deemed  to  be 
absentees.  As  chief  of  police,  he  shall  hold  office 
for  the  term  of  four  years  from  his  appointment, 
and  shall  receive  a  salary  of  four  thousand  dol- 
lars per  annum,  payable  monthly,  at  the  end  of 
each  and  ever.v  month. 
Captains  of  police,  how  appointed, 

3.  Six  captains  of  police,  who  shall  be  appointed 
by  the  bonrd  of  police  commissioners  from  the 
members  of  the  police  force,  who  shall  be  assigned 
to  such  duty,  and  who  shall  be  subject  to  such 
rules  and  reirulations.  as  the  chief  of  police  shall 
prescribe.  They  shall  receive  a  salary  of  two  hun- 
dred dollars  per  month  each,  payable  monthly,  at 
the  end  of  each  and  every  month. 

Police   officers,   their    qualifications,    powers,    and 
duties. 

4.  As  many  police  officers,  not  exceeding  five  hun- 
dred, as  tlie  board  of  police  commissioners  may 
determine  to  be  necessary,  to  be  appointed  by  said 
board:  but  it  shall  be  the  duty  of  said  board,  on 
its  first  organization,  to  appoint  as  members  of  the 
police  force  the  members  of  the  police  force,  if 
any,  then  in  service,  unless  such  members  be  in- 
competent or  incapable  to  serve.  Every  person 
applying  for  appointment  to  said  police  force, 
unless  he  be  a  member  of  the  police  force  then 
existing  in  such  city,  or  city  and  county, 
shall  produce  and  file  with  the  said  board  a 
certificate,  signed  by  not  less  than  twelve  freehold- 
ers and  qualified  voters  of  the  smallest  political 
sul)division  of  sncli  city,  or  city  and  county,  stat- 
ing that  they  have  been  personally  and  well  ac- 
quainted with  the  applicant  for  one  year  or  more 
next  preceding  tlie  application,  and  that  the  appli- 
cant is  of  good  repute  for  honesty  and  sobriety,  and 


Municipal  Corporations.  691 

tliey  believe  him  to  be,  in  all  respects,  competent 
and  fit  for  the  office.  All  such  certificates  shall  be 
preserved  in  the  office  of  said  board,  and  shall 
not  be  returned  to  the  applicant.  Every  appointee 
to  said  police  force  must  be  a  citizen  of  the  United 
States  and  of  this  state,  able  to  read  and  write 
the  English  language,  and  a  resident  of  such  city 
or  city  and  county,  at  least  five  years  previous  to 
his  appointment,  except  such  member  of  said  police 
force  as  may  be  in  service  at  the  time  of  the  or- 
ganization of  said  board;  every  appointee  shall 
not  be  less  than  twenty-five  nor  more  than  forty 
years  of  age,  and  not  less  than  five  feet  and  seven 
inches  in  height,  and  shall,  after  his  nomination, 
and  before  his  appointment  pass  a  thorough  exam 
ination  by  the  surgeon  of  police,  or  by  any  physi- 
cian appointed  by  said  board,  and  be  found  on 
such  examination  to  be  sound  in  health,  and  to 
possess  the  physical  qualifications  required  for  re- 
cruits for  the  United  States  army.  The  police  offi- 
cers, in  subjection  to  the  rules  and  regulations  of 
the  said  board,  to  the  orders  of  the  respective  cap- 
tains, and  under  the  general  direction  of  the  chief 
of  police,  shall  be  prompt  and  vigilant  in  the  de- 
tection of  crime,  the  arrest  of  public  offenders,  the 
suppression  of  all  riots,  frays,  duels,  and  disturb- 
ances' of  the  public  peace,  the  execution  of  process 
from  the  police  court  in  causing  the  abatement 
of  public  nuisances,  and  the  enforcement  of  the 
laws  and  regulations  of  the  police.  They  shall,  as 
soon  as  practicable,  upon  an  arrest,  under  penalty 
of  dismissal  from  the  force,  or  of  a  fine  of  not  more 
than  one  hundred  dollars,  or  of  both,  at  the  discre- 
tion of  the  board,  convey  in  person  the  offender 
before  the  nearest  sitting  magistrate.  If  the  ar- 
rest is  made  during  the  hours  that  the  magistrate 
does  not  regularly  hold  court,  or  if  the  magistrate 
is  not  holding  court,  such  offender  may  be  de- 
tained in  a  station-house  until  the  next  public  sit- 
ting of  the  magistrate,  and  no  longer,  unless  dis- 
charged on  bail,  according  to  law.  No  member 
of  the  police  force  shall  be  eligible  to  any  other 
office  while  a  member  of  such  force,  nor  shall  he 
take  any  part  whatever  in  any  convention  held  for 
the  purposes  of  a  political  party;  nor  shall  he  be  a 
member  of  any  political  club;  nor  shall  he  be  al- 


692  Municipal  Coi-porations. 

lowed  to  interfere  with  politics  on  the  day  of  elec- 
tion, or  at  any  time  while  employed  on  said  force, 
except  to  cast  his  vote.  No  member  of  said  police 
force  while  on  duty  shall  enter  into  any  liquor- 
saloon,  barroom,  or  place  where  liquors  are  re- 
tailed, except  when  necessary  in  the  dischargee  of 
his  duties,  on  penalty  of  reprimand,  fine,  suspen- 
sion, or  removal  from  office.  No  member  of  the 
police  force  shall  devote  his  time  to  any  other  pro- 
fession or  calling,  become  bail  for  any  person 
charged  with  any  offense  whatever,  solicit  counsel 
or  attorneys  for  prisoners,  receive  any  present  or 
reward  for  official  services  rendered,  or  to  be  ren- 
dered, unless  with  the  knowledge  and  approbation 
of  a  majority  of  said  board;  such  approbation  to 
be  given  in  writing  and  certified  by  the  clerk  of 
said  board.  Police  officers  who  shall  be  selected 
to  act  as  sergeants  of  police,  and  police  officers 
who  shall  be  selected  to  act  as  detective  police 
officers,  shall  each  receive  a  salary  of  one  hun- 
dred and  twenty-five  dollars  per  month,  payable 
monthly,  at  the  end  of  each  and  every  month. 
The  police  officer  who  shall  be  selected  to  act  as 
clerk  to  the  chief  of  police,  and  the  police  officer 
who  shall  be  selected  to  act  as  property  clerk,  shall 
each  receive  a  salary  of  one  hundred  and  fifty  dol- 
lars per  month,  payable  monthly,  at  the  6nd  of 
each  and  every  month.  All  other  police  officers 
shall  each  receive  a  salary  of  one  hundred  and 
two  dollars  per  month,  payable  monthly,  at  the  end 
of  each  and  every  month;  provided,  that  the  treas- 
urer of  such  city,  or  city  and  county,  is  hereby  au- 
thorized to  deduct  and  retain  from  the  salary  of 
each  member  of  said  police  force  two  dollars  from 
every  month's  salary,  to  be  paid  into  the  fund  of 
the  police  life  and  health  insurance  fund  herein 
mentioned. 

Surgeon  of  police,  and  his  duties. 

5.  A  surgeon  of  police,  whose  duty  it  shall  be 
to  attend  to  all  cases  of  accident  or  sickness  at  the 
several  police  stations,  to  attend  all  officers  who 
may  bo  taken  sick  or  injured  in  the  discharge  of 
their  duty,  to  examine  all  applicants  for  appoint- 
ment on  the  police  force,  and  to  perform  such  oth- 
er duties  as  the  board  of  police  commissioners  may 
from  time  to  time  prescribe.    He  shall  be  appointed 


Municipal  Corporations.  693 

by  the  said  board,  and  shall  hold  office  during  its 
pleasure,  but  he  shall  not  be  removed  without  just 
cause.  He  shall  receive  a  salary  of  two  hundred 
dollars  per  month,  payable  monthly,  at  the  end 
of  each  and  every  month. 
Fire  commissioners,  how  appointed  and  term  of 

office. 

Sec.  141.  There  shall  be  a  board  of  fire  commis- 
sioners of  such  city,  or  city  and  county,  consisting 
of  five  persons,  possessing  the  same  qualifications 
of  eligibility  as  are  herein  prescribed  for  the  mem- 
bers of  the  board  of  aldermen,  who  shall  be  ap- 
pointed by  the  mayor,  with  the  advice  of  the  board 
of  aldermen,  and  shall  hold  office  for  the  term  of 
four  years  from  and  after  the  time  of  their  appoint- 
ment, and  no  more  than  three  of  whom  shall  be- 
long to  the  same  national  political  party;  provid- 
ed, that  the  fire  commissioners  now  acting  as  such 
in  such  city,  or  city  and  county,  shall  continue  to 
hold  their  respective  offices  until  the  expiration 
of  the  term  for  which  they  may  have  been  respec- 
tively elected  or  appointed. 
Powers  and  duties  of  fire  commissioners. 

Sec.  142.  The  said  board  of  fire  commissioners 
shall  supervise  and  control  said  fire  department, 
its  officers,  members,  and  employees,  subject  to  the 
laws  governing  the  same,  and  shall  see  that  the 
oflicers,  members,  and  employees  thereof  faithfully 
discharge  their  duties,  and  that  the  laws,  orders, 
and  regulations  relating  thereto  are  carried  into 
operation  and  effect.  They  shall  not,  nor  shall 
either  of  them,  or  the  chief  engineer,  or  assistant 
chief  engineer,  or  assistant  engineers,  of  said  fire 
department,  be  interested  in  any  contracts  pertain- 
ing in  any  manner  to  said  fire  department,  or  the 
sal{\  furnishing  of  apparatus,  or  supplies  for  the 
same;  and  all  contracts  in  violation  of  this  section 
are  declared  void,  and  any  of  said  persons  violat- 
ing the  provisions  of  this  section  shall  be  deemed 
guilty  of  misdemeanor,  and  upon  conviction,  shall 
be  punished  accordingly.  The  municipal  council 
of  such  city,  or  city  and  county,  shall  have  power 
to  contract  and  provide  for  all  cisterns,  hydrants, 
apparatus,  horses,  supplies,  engine,  hoso  and  hook- 
and-ladder  houses,  and  all  alterations  and  repairs 
required:   and   said   board   of  fire   commissioners 


694  Municipal  Corporations. 

shall  supervise  all  contracts  awarded  and  work 
done  for  the  said  fire  department,  and  shall  see 
that  all  contracts  awarded  and  work  done  are 
faithfully  performed.  The  said  board  of  fire  com- 
missioners shall  have  power  to  prescribe  the  du- 
ties of  the  officers,  members,  and  employees  of  said 
lire  department,  and  to  adopt  rules  and  regulations 
for  the  mana,2:ement  and  discipline  thereof;  and  a 
majority  of  them  shall  certify  to  the  correctness 
of  all  claims  and  demands  before  the  same  shall 
be  paid.  And  the  municipal  council  is  authorized 
and  required  to  provide  and  furnish  for  the  use 
of  the  board  of  fire  commissioners  a  suitable  room 
or  rooms  in  some  of  the  buildings  of  such  city,  or 
city  and  county,  to  serve  as  an  office  for  their 
meetings  and  the  transaction  of  business  relating 
to  said  fire  department,  in  which  their  clerk,  jani- 
tor, and  messenger  shall  be  in  attendance  daily 
during  office  hours.  The  chief  engineer,  assistant 
chief  engineer,  and  assistant  engineers  of  said 
department  shall  also  make  it  their  headquarters 
daily  during  office  hours,  when  not  otherwise  en- 
gaged in  official  duties.  And  the  said  municipal 
council  shall  furnish  the  chief  engineer,  and  also 
the  assistant  chief  engineer  and  assistant  engi- 
neers hereinafter  mentioned,  with  a  horse  and 
buggy,  and  shall  provide  for  keeping  the  same. 
Officers  of  fire  department. 

Sec.  143.  The  officers  of  the  fire  department  of 
such  city,  or  city  and  county,  shall  be: 

1.  Five  fire  commissioners,  to  be  appointed  as 
aforesaid; 

2.  One   chief   engineer; 

3.  One  assistant  chief  engineer; 

4.  Four  assistant  engineers; 

5.  One  superintendent  of  steam  fire-engines. 
Members  and  employees  of  fire  department. 

Sec.  144.  The  members  and    employees  of    said 
fire  department  shall  be: 

1.  One   assistant  superintendent  of   steam   fire- 
engines; 

2.  One  clerk  and  storekeeper  for  the  corporation 
yard; 

3.  One  corporation  yard  drayman; 

4.  One  night  watchman  of  corporation  yard; 
o.  Two  hydrantmen; 


Municipal  Corporations.  695 

6.  One  veterinary  surgeon; 

7.  One  foreman  of  each  company; 

8.  One  engineer  for  each  steam  fire-engine; 

9.  One  substitute  engineer  and  machinist; 

10.  One  driver  for  each  company; 

11.  One  fireman  for  each  steam-engine  company; 

12.  One  carpenter; 

13.  One  tillerman  for  each  hook-and-ladder  com- 
pany; 

14.  One  steward  for  each  hose  company; 

15.  One  janitor  and  messenger; 

16.  One  clerk. 

Paid  members  of  department  to  give  entire  time 

to  duties. 

Sec.  145.  All  paid  members  of  said  fire  depart- 
ment, except  the  veterinary  surgeon,  foreman,  as- 
sistant foreman,  company  clerks,  hosemen,  hook- 
and-ladder-men,  and  stewards  of  volunteer  com- 
panies shall  give  their  undivided  attention  to  their 
respective  duties;  but  the  foreman,  assistant  fore- 
man, company  clerks,  hosemen,  and  hook-and- 
ladder  men,  and  stewards  of  volunteer  companies, 
shall  perform  such  duties  as  may  be  prescribed 
from  time  to  time  by  said  board  of  fire  commis- 
sioners and  ordered  to  be  executed  by  the  chief 
engineer. 
Certain  officers,  how  appointed. 

Sec.  146.  The  chief  engineer,  the  assistant  chief 
engineer,  the  superintendent  of  steam  fire-engines, 
the  assistant  engineers,  the  clerk,  and  all  mem- 
bers and  employees  of  the  fire  department,  shall  be 
appointed  by  the  fire  commissioners,  and  retain 
their  positions  during  good  behavior;  and  it  shall 
be  the  duty  of  such  fire  commissioners,  on  their 
first  organization  under  this  act,  to  appoint  as  mem- 
bers thereof  the  officers  and  members  of  any  fire 
department  which  shall  be  in  service  in  any  such 
city,  or  city  and  county,  at  the  time  of  its  organi- 
zation under  this  act.  No  officer,  member,  or  em- 
ployee of  said  fire  department  shall  be  removed 
for  political  reasons. 
Fire  department  to  consist  of  what. 

Sec.  147.  The  fire  department  of  such  city,  or 
city  or  county,  shall  consist  of  such  engine,  hook- 
and-ladder,  and  hose  companies  as  shall  be  recom- 


696  Mimicipal  Corporations. 

mended  by  the  board  of  fire  commissioners,  and 
determined  by  the  municipal  council  necessary  to 
afford  protection  against  fire;  provided,  that  as  an 
auxiliary  thereto  patent  fire-extinguishers  may 
also  be  purchased  and  employed,  if,  in  the  judg- 
ment of  said  board,  deemed  advisable;  provided, 
that  no  hand-engine  shall  be  purchased  for  the  use 
of  said  department,  but  such  as  shall  be  in  posses- 
sion of  such  city,  or  city  and  county,  prior  to  its  or- 
ganization under  this  act,  may  be  used  in  such  lo- 
calities and  under  such  regulations  as  the  board  of 
fire  commissioners  may  prescribe.  The  companies 
of  said  department  shall  be  organized  as  follows: 
Each  steam  fire-engine  company  shall  consist  of 
(1)  one  foreman,  one  (1)  engineer,  one  (1)  driver, 
one  (1)  fireman,  and  eight  (8)  hosemen;  one  (1)  of 
whom  shall  act  as  assistant  foreman,  and  one  (1) 
as  clerk.  Each  hook-and-ladder  company  shall 
consist  of  one  (1)  foreman,  one  (1)  driver,  one  (1) 
tillerman,  and  twelve  (12)  hook-and-ladder  men; 
one  (1)  of  whom  shall  act  as  assistant  foreman, 
and  one  (1)  as  clerk.  Each  hose  company  shall 
consist  of  one  (1)  foreman,  one  (1)  driver,  and  one 
(1)  steward,  and  six  (6)  hosemen;  one  (1)  of  whom 
shall  act  as  assistant  foreman,  and  one  (1)  as  clerk. 
Duties  of  chief  engineer. 

Sec.  148.  The  chief  engineer  shall  be  the  execu- 
tive officer  of  said  fire  department,  and  it  shall  be 
the  duty  (and  that  of  the  assistant  chief  engineer 
and  assistant  engineers)  to  see  that  the  laws,  or- 
ders, rules,  and  regulations  concerning  the  same 
are  carried  into  effect,  and  also  to  attend  to  such 
duties  as  fire  wardens  as  may  be  required,  and  to 
see  that  all  laws,  orders,  and  regulations  estab- 
lished in  such  city,  or  city  and  county,  to  secure 
protection  against  fire,  are  enforced.  It  shall 
also  be  the  duty  of  the  chief  engineer  to  enforce 
the  rules  nn<l  regulations  made  from  time  to  time 
to  secure  discipline  in  said  fire  department,  and  he 
shall  have  power  to  suspend  any  subordinate  offi- 
cer, member,  or  employee  for  a  violation  of  the 
same,  and  shall  forthwith  report  in  writing,  with 
his  reasons  therefor,  to  the  board  of  fire  commis- 
sioners for  their  action.  He  shall  diligently  ob- 
serve the  condition  of  the  apparatus  and  work- 
ings of  said  department,  and  shall  report  in  writ- 


Municipal  Corporations.  697 

ing,  at  least  once  in  each  week,  to  said  board  of 
fire  commissioners,  upon  the  same,  and  make  such 
recommendations  and  suggestions  respecting  it, 
and  for  securing  its  greater  efficiency,  as  he  may- 
deem  proper;  and  in  the  absence  or  inability  of  the 
chief  engineer  to  act,  the  assistant  chief  engineer 
shall  assume  the  duties  of  said  office  of  chief  en- 
gineer. 
Clerk  of  board,  his  bond  and  duties. 

Sec.  149.  The  person  elected  as  clerk  by  said 
board  of  fire  commissioners  shall,  before  entering 
upon  the  discharge  of  his  duties,  execute  a  bond, 
with  two  or  more  sureties,  in  the  penal  sum  of 
twelve  thousand  ($12,000)  dollars,  for  the  faithful 
discharge  of  his  duties,  which  bond  shall  be  ap- 
proved by  said  board  of  fire  commissioners,  and  the 
mayor  of  such  city,  or  city  and  county,  and  when 
so  apijro\ed  shall  be  filed  in  the  office  of  the 
auditor.  The  amount  of  said  bond  may  be  in- 
creased from  time  to  time,  when  directed  by  the 
board  of  fire  commissioners,  should  it  deem  it  nec- 
essary for  the  public  good;  said  clerk  shall  attend 
daily,  during  office  hours,  at  the  office  of  the  board 
of  fire  commissioners  (which  shall  be  the  office  of 
the  chief  engineer,  assistant  chief  engineer,  and 
assistant  engineers);  shall  perform  the  duties  of 
clerk  to  said  board  and  chief  engineer,  and  shall 
perform  such  other  duties  from  time  to  time  as 
said  board  may  prescribe.  The  clerk  and  store- 
keeper for  the  corporation  yard  shall,  before  en- 
tering upon  his  duties,  furnish  a  bond  in  the  sum 
of  ten  thousand  ($10,000)  dollars,  to  be  approved 
in  the  same  manner  as  the  bond  provided  for  in 
this  section,  to  be  given  by  the  clerk  of  said  board 
of  fire  commissioners,  and  filed  with  the  auditor. 
Property  of  department,  how  sold. 

Sec.  150.  The  mayor  of  such  city,  or  city  and 
county,  upon  the  recommendation  of  the  board  of 
fire  commissioners,  with  the  approval  of  the  munic- 
ipal council,  is  authorized  to  sell  at  private  or  pub- 
lic sale  from  time  to  time  any  or  all  of  the  engines, 
hose-carriages,  engine-houses,  lots  on  which  such 
houses  stand,  or  parts  of  lots  (or  to  exchange  any 
of  said  lots,  when  in  their  judgment  demanded  by 
the  public  good),  or  other  property  which  shall  not 
be  required  for  the  use  of  the  department,  and  to 
Gen.    Laws— 59 


69S  Municipal  Corporations. 

execute,  acknowledge,  and  deliver  good  and  suffi- 
cient deeds  or  bills  of  sale  for  the  same,  paying 
the  proceeds  of  such  sales  into  the  county  treas- 
ury, to  the  credit  of  the  proper  fund. 
Appropriation  for  purchase  of  horses,  supplies,  etc. 

Sec.  151.  The  municipal  council  of  such  city,  or 
city  and  county,  is  hereby  authorized  and  required 
to  appropriate,  allow,  and  order  paid  annually  out 
of  the  general  fund  of  such  city,  or  city  and  coun- 
ty, the  salaries  hereinafter  specified  and  allowed, 
and  salaries  at  similar  rates  to  the  several  officers 
and  men  of  any  additional  companies  created  as 
aforesaid;  and  the  municipal  council  is  required  to 
appropi'iate,  allow,  and  order  paid,  out  of  the  gen- 
eral fund,  a  sum  not  to  exceed  eighty  thousand 
($80,000)  dollars  annually  for  running  expenses, 
horse-feed,  repairs  to  apparatus,  and  for  the  con- 
struction and  erection  of  cisterns  and  hydrants, 
and  for  the  erection  and  repair  of  buildings,  and 
other  expenses  of  the  fire  department.  To  appro- 
priate a  sum  not  to  exceed  thirty  thousand  ($30,- 
000)  dollars  for  the  purchase  of  horses  and  ap- 
paratus for  the  fire  department. 
Allowance  to  disabled  member. 

Sec.  152.  Whenever  a  member  of  the  paid  fire 
department  of  such  city,  or  city  and  county,  shall 
become  disabled  by  reason  of  injuries  received  at 
any  fire,  so  as  to  be  unable  to  perform  his  duties, 
the  municipal  council,  upon  the  recommendation 
of  the  board  of  fire  commissioners,  is  hereby  au- 
thorized and  empowered  to  allow  said  disabled 
man  a  sum  not  exceeding  fifty  ($50)  dollars  per 
month  for  not  to  exceed  three  (3)  months,  payable 
out  of  the  general  fund  of  such  city,  or  city  and 
county,  in  the  same  manner  and  form  as  other 
payments  are  made  out  of  said  fund. 
"Fireman's  charitable  fund." 

Sec.  153.  The  municipal  council  shall  provide,  by 
ordinance,  for  the  payment  into  a  "fireman's  char- 
itable fund"  of  such  city,  or  city  and  county,  of  all 
moneys  received  for  licenses  for  the  storage,  man- 
ufacture, or  sale  of  gunpowder,  blasting-powder, 
gun-cotton,  fire-works,  nitro-srlycerine,  dualine,  or 
any  explosive  oils  or  compounds,  or  as  a  municipal 
tax  upon  the  same;  also  all  fines  collected  in  the 


Municipal  Coi-porations.  699 

police    court    for    violations   of    lire    ordinances. 
Said  fund  shall  be  under  the  direction  and  control 
of  and  subject  to  such  regulations  as  may  be  pre- 
scribed by  the  board  of  fire  commissioners. 
Assistant  foreman  and  clerk. 

Sec.  154.  The  chief  engineer  shall  have  power  to 
appoint  one  member  of  each  company  to  act  as  as- 
sistant foreman;  also,  one  member  to  act  as  clerk; 
said  clerk  to  receive  five  ($5)  dollars  per  month  ex- 
tra pay. 
Organization  of  board  and  time  of  meeting. 

Sec.  155.  The  fire  commissioners  shall  organize 
said  board  immediately  upon  their  appointment, 
and  on  the  first  Monday  after  the  first  day  of  Jan- 
uary of  each  and  every  year  thereafter,  by  select- 
ing one  of  their  number  as  president,  and  they 
shall  meet  at  least  once  in  each  month  publicly  at 
their  office  to  transact  the  business  of  said  fire 
department;  and,  in  addition  to  the  stated  meet- 
ings, they  shall  meet  twice  in  each  month  for  the 
purpose  of  investigating  charges  against  officers, 
members,  and  employees  of  said  department  for 
violating  any  of  the  rules  and  regulations  thereof;. 
and  shall  hold  such  intermediate  sessions  as  they 
shall  deem  necessary  to  the  proper  administra- 
tion of  the  fire  department.  No  person  shall  be  eli- 
gible to  any  position  in  said  department  who  is  not 
a  citizen  of  tlie  United  States,  or  a  resident  of 
such  city,  or  city  and  county,  at  least  two  years, 
nor  under  twenty-one  (21)  years  of  age  at  the  time 
of  his  appointment. 
Investigations,  how  conducted. 

Sec.  156.  In  all  investigations  for  violation  of 
the  rules  and  regulations  of  the  fire  department, 
the  president  of  the  board  of  fire  commissioners 
shall  have  power  to  issue  subpoenas,  and  adminis- 
ter oaths,  and  compel  the  attendance  of  witnesses 
before  him  by  attachment  or  otherwise.  All  sub- 
poenas issued  by  him  shall  be  in  such  form  as  he 
may  prescribe,  and  shall  be  served  by  any  police 
officer  or  by  any  peace-officer  of  such  city,  or  city 
and  county.  Any  person  who  refuses  to  attend  or 
testify  in  obedience  to  such  subpoenas  shall  be 
deemed  guilty  of  contempt,  and  be  punished  by 
him  as  in  cases  of  contempt  in  justices'  court  in 
civil  cases. 


700  Municipal  Corporations. 

Members,  how  dismissed. 

Sec.  157.  No  officer,  member,  or  employee  of  the 
fire  department  shall  be  dismissed  unless  for 
cause,  nor  until  after  a  trial.  The  accused  shall 
be  furnished  with  a  written  copy  of  the  charges 
against  him  at  least  five  (5)  days  previous  to  the 
•day  of  trial,  and  he  shall  have  an  opportunity  to 
examine  witnesses  in  his  behalf,  and  all  witnesses 
shall  be  examined  under  oath,  and  all  trials  shall 
be  public. 
Workshop  at  corporation  yard. 

Sec.  158.  The  municipal  council  of  such  city  and 
county  is  hereby  authorized  and  empowered  to  es- 
tablish and  maintain  at  the  corporation  yard  a 
worlvshop  for  making  repairs  and  improvements 
upon  the  apparatus  of  the  fire  department,  and 
such  workshop  and  such  repairs  and  improve- 
ments to  be  under  the  supervision  of  the  board  of 
fire  commissioners;  and  the  municipal  council  shall 
allow  and  order  paid,  out  of  the  proper  fund,  all 
the  expenses  of  such  workshops,  repairs,  and  im- 
provements. 
Kestrictions  on  members. 

Sec.  159.  No  member  of  said  board  of  fire  com- 
missioners shall,  during  his  term  of  office,  be  a 
member  of  any  party  convention,  the  purpose  of 
which  is  to  nominate  candidates  for  political  of- 
fice, nor  shall  the  officers,  members,  or  employees 
of  said  fire  department  take  any  part  whatever  in 
any  partisan  convention,  held  for  the  purposes  of 
a  political  party;  nor  shall  any  member  of  the 
said  board  of  fire  commissioners,  directly  or  indi- 
rectly, attempt  to  control  or  influence  the  action 
of  any  member  of  said  fire  department,  or  any  em- 
ployee thereof,  in  any  primary  or  general  election. 
No  member  of  the  fire  department  shall  levy,  col- 
lect, or  pay  any  amount  of  money  as  an  assess- 
ment or  contribution  for  political  purposes.  Any 
violation  of  the  foregoing  provisions  of  this  sec- 
tion shall  be  deemed  a  misdemeanor. 
Salaries  of  officers  of  fire  department. 

Sec.  160.  The  salaries  of  the  officers  of  the  fire 
department  shall  be  paid  in  monthly  installments, 
and  as  follows: 

1.  The  salary  of  the  fire  commissioners  shall  be 
one  thousand  two  hundred  dollars  per  annum; 


Municipal   Corporations.  701 

2.  The  salary  of  the  chief  engineer  shall  be 
four  thousand  dollars  per  annum; 

3.  The  salary  of  the  assistant  chief  engineer 
shall  be  two  thousand  four  hundred  dollars  per 
annum; 

4.  The  salaries  of  the  assistant  engineers  shall 
each  be  one  thousand  eight  hundred  dollars  per 
annum; 

5.  The  salary  of  the  superintendent  of  steam 
fire  engines  shall  be  two  thousand  four  hundred 
dollars  per  annum. 

Salaries  of  employees  of  fire  department. 

Sec.  161.  The  salaries  of  the  members  and  em- 
ployees of  the  fire  department  shall  be  paid  in 
monthly  installments,  and  as  follows: 

1.  The  salary  of  assistant  superintendent  of 
steam  fire-engines  shall  be  one  thousand  six  hun- 
dred and  eiglity  dollars  per  annum; 

2.  The  salary  of  the  clerli  and  storelieeper  for 
the  corporation  yard  shall  be  one  thousand  five 
hundred  dollars  per  annum; 

3.  The  salary  of  the  corporation-yard  drayman 
shall  be  one  thousand  and  eighty  dollars  per  an- 
num; 

4.  The  salary  of  tlie  night  watchman  for  the 
corporation  yard  shall  be  nine  hundred  dollars  per 
annum; 

5.  The  salary  of  the  two  hydrantmen  shall  be 
one  tnousand  and  eighty  dollars  per  annum  each; 

6.  The  salary  of  the  veterinary  surgeon  shall 
be  one  thousand  two  hundred  dollars  per  annum; 

7.  The  salary  of  the  foreman  of  each  company 
shall  be  five  hundred  and  forty  dollars  per  an- 
num; 

8.  The  salary  of  the  engineer  for  each  steam 
fire-engine  company  shall  be  one  thousand  six 
hundred  and  eighty  dollars  per  annum; 

9.  The  salary  of  the  substitute  engineer  and 
machinist  shall  be  one  thousand  six  hundred  and 
eighty  dollars  per  annum; 

10.  The  salary  of  the  driver  for  each  company 
shall  be  one  tliousand  and  eighty  dollars  per  an- 
num; 

11.  The  salary  of  the  fireman  for  each  steam 
fire  company  shall  be  one  thousand  and  eighty 
dollars  per  annum; 

12.  The  salary  of  the  carpenter  for  said  depart- 


702  Municipal  Corporations. 

ment  shall  be  one  thousand  two  hundred  dollars 
per  annum; 

13.  The  salary  of  the  tillerman  for  each  hook- 
and  ladder-company  shall  be  one  thousand  and 
eighty  dollars  per  annum; 

14.  The  salary  of  the  steward  for  each  hose 
company  shall  be  nine  hundred  and  sixty  dollars 
per  annum; 

15.  The  salary  of  each  hoseman  and  each  hook- 
and-ladder  man  shall  be  four  hundred  and  eighty 
dollars  per  annum; 

!<;.  The  salary  of  the  janitor  and  messenger 
shall  be  one  thousand  two  hundred  dollars  per  an- 
num; 

17.    The  salary  of  the  clerk  of  the  board  of  fire 
commissioners  shall  be  one  thousand  eight  hun- 
dred dollars  per  annum. 
Fire-alarm  and  police  telegraph. 

Sec.  102.  There  shall  be  maintained  and  pro- 
vided for  by  the  municipal  council  in  such  city,  or 
city  and  county,  a  fire-alarm  and  police  telegraph 
for  municipal  use,  and  the  superintendent  thereof 
shall  be  appointed  by  the  board  of  fire  commis- 
sioners, to  serve  during  its  pleasure,  except  that 
he  shall  not  be  removed  for  political  causes,  rea- 
sons, or  purposes.  Said  superintendent  is  author- 
ized to  appoint  the  following  officers  and  em- 
ployees: one  chief  operator,  three  operators,  one 
repairer,  two  assistant  repairers,  and  one  battery- 
man.  It  shall  be  the  duty  of  such  board,  on  their 
first  organization  under  this  act,  to  appoint  as  of- 
ficers and  employees  thereof  the  officers  and  em- 
ployees of  any  fire-alarm  and  police  telegraph 
which  shall  be  in  service  in  such  city,  or  city  and 
county,  at  the  time  of  its  organization  under  this 
act. 
Salaries  of  officers  of  fire-alarm,  etc. 

Sec.  ]G3.  The  salaries  of  the  officers  of  said 
fire-alarm  and  police  telegraph  shall  be  paid  in 
monthly  installments,  and  as  follows: 

1.  The  salary  of  the  superintendent  shall  be  two 
thousand  four  hundred  dollars  per  annum; 

2.  The  salary  of  the  chief  operator  shall  be  one 
thousand  eight  hundred  dollars  per  annum; 

3.  The  salary  of  each  of  the  three  operators 
herein  provided  for  shall  be  one  thousand  five 
hundred  dollars  per  annum;    . 


Municipal  Corporations.  703 

4.  Tlie  salary  of  the  repairer  shall  be  one  thous- 
and two  hundred  dollars  per  annum; 

5.  The  salary  of  each  of  the  two  assistant  re- 
pairers herein  provided  for  shall  be  one  thousand 
and  eiffhty  dollars  per  annum; 

6.  The  salary  of  the  batteryman  shall  be  nine 
hundred  dollars  per  annum. 

Appropriation. 

Sec.  164.  The  municipal  council  shall  appro- 
priate such  sum  as  may  be  necessary,  not  exceed- 
ing fifteen  thousand  dollars  per  annum,  for  the 
maintenance,  repair,  and  extension  of  said  tele- 
graph, and  to  defray  the  cost  of  instruments  and 
machinery  therefor,  and  for  such  horses  and  ve- 
hicles as  may  be  necessary  for  the  use  of  said  su- 
perintendent. 
Board  of  health,  how  constituted. 

Sec.  165.  There  shall  be  a  board  of  health  for 
such  city,  or  city  and  county,  which  board  shall 
consist  of  the  mayor  of  the  city  and  county,  and 
five  physicians  in  good  standing,  residing  in  such 
city,  or  city  and  county,  who  shall  be  appointed 
by  the  governor,  and  who  shall  hold  office  for  the 
term  of  four  years,  and  until  their  successors  are 
appointed  and  qualified;  and  in  case  any  vacancy 
shall  at  any  time  occur  in  said  board  by  removal, 
or  resignation,  or  otherwise,  the  same  shall  be  fill- 
ed by  appointment  by  the  governor. 
Meetings. 

Sec.  166.  The  mayor  of  such  city,  or  city  and 
county,  shall  be  ex-officio  president  of  the  board 
of  health,  and  in  his  absence,  at  any  meeting,  the 
board  may  elect  a  chairman,  who  shall,  for  the 
time,  be  clothed  with  all  the  power  of  the  presi- 
dent. Said  board  shall  hold  a  regular  meeting  at 
least  once  in  each  month,  and  at  other  times, 
when  called  thereto  by  the  president,  or  by  a  ma- 
jority of  the  board. 
Jurisdiction  of  board  of  liealth. 

Sec.  167.  Said  board  of  health  is  hereby  invest- 
ed with  general  jurisdiction  over  all  matters  ap- 
pertaining to  the  sanitary  condition  of  such  city, 
or  city  and  county,  and  over  all  quarantine  regu- 
lations and  the  enforcement  thereof,  and  hospitals 
and  alms-liouses,  and  all  municipal  institutions 
created  and   maintained   for   charitable  purposes 


704  Municipal  Coi-porations. 

and  not  herein  enumerated,  within  the  corporate 
limits  of  such  city,  or  city  and  county,  and  adopt 
such  orders  and  regulations  as  may  be  necessary 
to  the  complete  exercise  of  the  powers  hereinbe- 
fore enumerated,  and  may  appoint  or  discharge 
such  attendants  and  employees  as  may  seem  best 
to  promote  the  public  welfare. 
Salary. 

Sec.  168.    The  members  of  said  board  of  health 
shall  receive  no  salary. 
Salaries  of  officers  appointed  by  board  of  health. 

Sec.  169.  Said  board  of  health  shall  have  power 
to  appoini  the  lollowing  officers  and  employees, 
who  shall  receive  the  salaries  hereinafter  provid- 
ed, payable  in  monthly  installments  at  the  end  of 
each  month,  viz.: 

1.  One  health-officer,  who  shall  be  the  execu- 
tive officer  of  said  board,  at  a  salary  of  two  thous*- 
and  four  hundred  dollars  per  annum; 

2.  One  quarantine  officer,  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum; 

3.  One  secretary,  at  a  salary  of  two  thousand 
four  hundred  dollars  per  annum; 

4.  Six  health  inspectors  and  one  market  inspec- 
tor, at  a  salary  of  one  thousand  two  hundred  dol- 
lars per  annum  each;  one  messenger  at  nine  hun- 
dred dollars  per  annum; 

5.  One  superintendent  of  the  city,  or  city  and 
county,  hospital,  who  shall  be  a  ph.vsician  and 
graduate  of  some  medical  college  in  good  stand- 
ing, at  a  salary  of  two  thousand  four  hundred  dol- 
lars per  annum; 

6.  One  resident  hospital  physician,  at  a  salary 
of  one  thousand  five  hundred  dollars  per  annum; 

7.  One  hospital  steward,  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum; 

8.  One  hospital  matron,  at  a  salary  of  nine  hun- 
dred dollars  per  annum; 

9.  One  hospital  apothecary,  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum; 

10.  One  hospital  engineer,  at  a  salary  of  nine 
hundred   dollars  per  annum; 

11.  Two  physicians  and  two  surgeons,  to  be 
selected  from  the  faculty  of  the  medical  depart- 
ment of  the  University  of  California,  and  two 
physicians  and  two  surgeons,  to  be  selected  from 


Municipal  Corporations.  705 

the  faculty  of  the  Pacific  Medical  College,  at  such 
salary  as  the  board  of  health  may  designate,  not 
to  exceed  one  thousand  two  hundred  dollars  each 
per  annum,  as  visiting  physicians  and  surgeons  to 
the  city,  or  city  and  county,  hospital. 

12.  One  alms-house  superintendent,  at  a  salary 
of  two  thousand  four  hundred  dollars  per  an- 
num; 

13.  One  resident  alms-house  physician,  at  a  sal- 
ary of  one  thousand  five  hundred  dollars  per  an 
num: 

14.  One  alms-house  matron,  at  a  salary  of  seven 
hundred  and  twenty  dollars  per  annum; 

15.  One  city  physician,  at  a  salary  not  to  ex- 
ceed one  thousand  eight  hundred  dollars  per  an- 
num; 

16.  One  assistant  city  physician  for  the  indus- 
trial school  and  house  of  correction,  at  a  salary 
of  one  thousand  two  hundred  dollars  per  annum; 

17.  One  first  coolv,  at  a  salary  of  sixty  dollars 
per  month; 

18.  One  second  cook,  at  a  salary  of  thirty-five 
dollars  per  month; 

19.  One  third  cooli.  at  a  salary  of  thirty  dollars 
per  month; 

20.  One  baker,  at  a  salary  of  seventy-five  dol- 
lars per  month; 

21.  One  clerk,  at  a  salary  of  forty  dollars  per 
month; 

22.  One  interpreter,  at  a  salary  of  forty  dollars 
per  month; 

23.  One  ambulance  driver,  at  a  salary  of  forty 
dollars  per  month; 

24.  Sixteen  nurses,  at  a  salary  of  thirty-five 
dollars  each. 

Appointing  power. 

Sec.  170.  The  appointing  power  of  all  and  every 
of  the  aforesaid  officers  and  employees  is  vested 
solely  in  said  board  of  health,  and  said  board  shall 
have  power  to  prescribe  the  duties  of  every  and  all 
of  said  officers  and  employees,  and  to  remove  the 
same  at  pleasure;  and  said  board  of  health  is  here- 
by empowered  to  employ  such  additional  em- 
ployees as  may  be  necessary  to  carry  out  the  pur- 
poses of  this  act,  at  such  compensations  as  said 
board  of  health  may  fix, 


70()  Municipal  Corporations. 

Salaries,  how  paid. 

Sec.  171.  The  salaries  of  the  officers  and  em- 
ployees of  said  board  of  health,  and  all  other  ex- 
penses legally  incurred  by  said  board  under  the 
provisions  of  this  chapter,  shall  be  payable  out 
of  the  general  fund  of  the  treasury  of  such  city, 
or  city  and  county;  and  the  auditor  of  such  city, 
or  city  and  county,  is  hereby  directed  to  audit  all 
such  demands,  and  the  treasurer  of  such  city,  or 
city  and  county,  is  hereby  directed  to  pay  the  same 
out  of  said  general  fund.  The  said  board  of  health 
shall,  annually,  upon  the  third  Monday  of  April 
of  each  year,  transmit,  in  writing,  to  the  mu- 
nicipal council  of  such  city,  or  city  and  county,  an 
estimate  of  the  amount  of  money  necessary  to  de- 
fray all  of  the  expenditures  of  said  board  of 
health  for  the  next  fiscal  year:  and  the  board  of 
health  shall  not  expend,  in  any  one  fiscal  year,  an 
amount  exceeding  the  amount  of  such  estimate  so 
transmitted  by  said  board  of  health  for  such  fiscal 
year,  allowed  upon  such  estimate  by  the  municipal 
council,  except  in  case  of  an  epidemic  of  any  con- 
tagious disease,  when  such  board  of  health  is  here- 
by authorized  to  increase  such  expense  as  may  be 
deemed  necessary  for  the  public  safety;  and  all 
such  expenses  shall  be  payable  out  of  the  general 
fund  of  such  city,  or  city  and  county,  at  the  same 
time  and  in  the  same  manner  provided  for  'ther 
expenses  of  said  board.  Nothing  in  this  act  shall 
be  construed  to  authorize  said  board  of  health  to 
contract  for  or  purchase  supplies  for  any  of  the 
charitable  institutions  placed  under  its  control  by 
this  chapter.  All  contracts  for  any  of  the  worlj 
authorized  by  this  chapter  to  be  caused  to  be  per- 
formed by  said  board  of  health  shall  be  awarded 
by  said  board  to  the  lowest  responsible  bidder,  af- 
ter notice,  for  not  less  than  five  days,  in  two  daily 
newspapers  published  in  such  city,  or  city  and 
county,  under  such  regulations  and  requirements 
as  said  board  of  liealth  may  adopt. 
Restrictions  on  officers. 

Sec.  172.  It  shall  not  be  lawful  for  any  super- 
intendent or  other  principal  officer  in  charge  of 
any  alms-house  in  such  city,  or  city  and  county, 
to  have  or  receive  any  perquisites,  or  to  derive 
any  income  or  revenue  therefrom,  either  directly 


Municipal  Corporations.  707 

or  indirectly,  other  than  the  salary  allowed 
to  him  by  the  board  of  health;  nor  shall 
it  be  allowable  for  any  subordinate  offi- 
cer or  employee  to  have  or  receive  any 
perquisites,  either  directly  or  indirectly;  and 
it  shall  be  the  duty  of  the  board  of  health  to 
remove  any  such  superintendent,  or  other  princi- 
pal officer,  or  any  subordinate  officer  or  employee 
Avho  violates  any  provision  of  this  section.  All 
fees  authorized  by  any  of  the  provisions  of  this 
chapter,  to  be  collected  by  any  officer  or  employee 
of  the  board  of  health,  shall  be  immediately  paid 
by  such  officer  or  employee  to  the  secretary  of  said 
boai'd  of  health,  ^^-ho  t^hall,  upon  the  first  Mon- 
day of  each  month,  pay  the  same  into  the  treas- 
ury of  such  city,  or  city  and  county,  to  be  credited 
to  the  proper  fund. 
Report  of  ship-masters  of  contagious  diseases. 

Sec.  173.  Ship-masters  bringing  vessels  into  the 
harbor  of  any  such  city,  or  city  and  county,  and 
all  masters,  owners,  or  consignees  having  vessels 
in  such  harbor,  which  have  on  board  any  cases  of 
Asiatic  cholera,  small-pox,  yellow,  typhus,  ship 
fever,  or  any  other  contagious  disease,  must  re- 
port the  same,  in  writing,  to  the  quarantine  offi- 
cer before  landing  passengers,  casting  anchor,  or 
coming  to  any  wharf,  or  as  soon  thereafter  as 
they,  or  either  of  them,  become  aware  of  the  ex- 
istence of  either  of  these  diseases  on  board  of 
their  vessel. 
Restrictions  on  ship-masters,  etc. 

Sec.  174.  No  captain  or  other  officer  in  com- 
mand of  any  vessel  sailing  under  a  register,  arriv- 
ing at  the  port  of  any  such  city,  or  city  and  county 
nor  any  owner,  consignee,  agent,  or  other  person 
having  charge  of  such  vessel,  must,  under  a  pen- 
alty of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  land,  or  permit  to  be 
landed,  any  freight,  passengers,  or  other  persons 
from  such  vessels,  until  he  has  reported  to  the 
quarantine  officer,  presented  his  bill  of  health,  and 
received  a  permit  from  that  officer  to  land  freight, 
passengers,  and  other  persons. 
Duty  of  pilot. 

See.  175.    Every  pilot  who  conducts  into  the  port 
of  any  such  city,  or  city  and  county,  any  vessel 


708  Municipal  Corporations. 

subject  to  quarantine,  or  examination  by  the  quar- 
antine officer,  must: 

1.  Bring  tlie  vessel  no  nearer  such  city,  or  city 
and  county,  than  is  allowed  by  law; 

2.  Prevent  any  person  from  leaving  such  ves- 
sel, and  any  communication  being  made  with  the 
vessel  under  his  charge,  until  the  quarantine  offi- 
cer has  boarded  her  and  given  the  necessary  or- 
ders and  directions; 

3.  Be  vigilant  in  preventing  any  violation  of  the 
quarantine  laws,  and  report,  without  delay,  all 
such  violations  that  come  to  his  knowledge,  to  the 
quarantine  officer; 

4.  Present  the  master  of  the  vessel  with  a 
printed  copy  of  the  quarantine  laws,  unless  he  has 
one; 

5.  If  the  vessel  is  subject  to  quarantine,  by  rea- 
son of  infection,  place  at  the  masthead  a  small 
yellow  flag. 

Duty  of  master  of  vessel. 

Sec.  176,  Every  master  of  a  vessel  subject  to 
quarantine,  or  visitation  by  the  quarantine  offi- 
cer, arriving  in  the  port  of  any  such  city,  or  city 
and  county,  who  refuses  or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the 
place  assigned  for  quarantine,  when  legally  direct- 
ed so  to  do;  or, 

2.  To  submit  his  vessel,  cargo,  and  passengers 
to  the  quarantine  officers,  their  inspection,  exam- 
ination, and  direction,  and  furnish  all  necessary  in- 
formation to  enable  that  officer  to  determine  to 
what  quarantine  or  other  regulations  they  might 
respectively  be  subject;  or, 

3.  To  report  all  cases  of  disease  and  of  death 
occurring  on  his  vessel,  and  to  comply  with  all 
the  sanitary  regulations  of  such  port  or  harbor; 
—Is  liable  in  the  sum  of  five  hundred  dollars  for 
every  such  neglect  or  refusal. 

Master  of  infected  vessel  must  report. 

Sec.  177.  All  vessels  arriving  off  the  port  of  any 
such  city,  or  city  and  county,  from  ports  which 
have  been  legally  declared  infected  ports,  and  all 
vessels  arriving  from  ports  where  there  is  pre- 
vailing, at  the  time  of  their  departure,  any  conta- 
gious, infectious,  or  pestilential  diseases,  or  ves- 
sels with  decaying  cargoes,  or  which  have  usual- 
ly foul  or  offensive  holds,  are  subject  to  quaran- 


Municipal  Corporations.  709 

tine,  and  must  be  by  the  master,  owner,  pilot,  or 
consignee  reported  to  the  quarantine  officer  with- 
out delay.  No  such  vessel  must  pass  within  the 
bounds  prohibited  them  by  the  board  of  health, 
until  the  quarantine  officer  has  boarded  her  and 
given  the  order  required  by  law. 
Duty  of  quarantine  officer. 

Sec.  178,  The  quarantine  officer  must  board  ev- 
ery vessel  subject  to  quarantine  or  visitation  by 
him,  immediately  on  her  arrival,  make  such  exam- 
ination and  inspection  of  vessels,  books,  papers, 
or  cargo,  or  of  persons  on  board,  under  oath,  as 
he  may  judge  expedient,  and  determine  whether 
the  vessel  should  be  ordered  to  quarantine,  and  if 
so,  the  period  of  quarantine. 

Masters  of  certain  vessels  not  to  permit  landing 
until  he  receives  permit. 
Sec.  179.  No  captain,  or  other  officer,  in  com- 
mand of  any  passenger-carrying  vessel  of  more 
than  one  hundred  and  fifty  tons  burden,  nor  of  any 
vessel  of  more  than  one  hundred  and  fifty  tons 
burden  having  passengers  on  board,  nor  any  con- 
signee, owner,  agent,  or  other  persons  having 
charge  of  such  vessel  or  vessels,  must,  under  a 
penalty  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  land,  or  permit  to 
be  landed,  any  passenger  from  the  vessel  until  he 
nas  presented  his  bill  of  health  to  the  quarantine 
.officer  and  received  a  permit  from  that  officer  to 
land  such  passengers,  except  in  such  cases  as  the 
quarantine  officer  deems  it  safe  to  give  the  permit 
before  seeing  the  bill  of  health. 
Fees. 

Sec.  180.  The  following  fees  shall  be  collected 
by  the  quarantine  officer  for  giving  a  permit  to 
land  freight  or  passengers,  or  both:  From  any 
sailing  vessel  of  less  than  five  hundred  tons  bur- 
den, from  any  port  out  of  this  state,  two  dollars 
and  fifty  cents;  five  hundred  and  under  one  thous- 
and tons  burden,  five  dollars;  each  additional  one 
thousand  tons  burden,  or  fraction  thereof,  an  ad- 
ditional two  dollars  aud  fifty  cents;  for  steam- 
vessels,  propelled  in  whole  or  in  part  by  steam,  of 
one  thousand  tons  burden  or  less,  five  dollars,  and 
two  dollars  and  fifty  cents  additional  for  each  ad- 
ditional one  thousand  tons  burden  or  fraction 
Gen.  LaAYS— 60 


710  Municipal  Corporations. 

thereof.  But  vessels  not  propelled  in  whole  or  in 
part  by  steam,  sailing  to  and  from  any  port  or 
ports  of  the  Pacific  states  of  the  United  States  or 
territories,  and  whaling  vessels  entering  the  har- 
bor of  any  such  city  and  county,  are  excepted  from 
the  provisions  of  this  section. 
Duty  of  board  of  health. 

Sec.  181.    The  board  of  health  may  enforce  com- 
pulsory vaccination  on  passengers  or  [on]  variola- 
infected  ships,  or  coming  from  ports  infected  with 
the  same. 
Same. 

Sec.  182.  The  board  of  health  shall  establish 
quarantine  grounds  at  such  points  and  places  as 
in  its  judgment  may  best  conduce  to  public  safety; 
may  provide  suitable  hospitals  whenever  the  same 
are  required  for  the  public  safety,  and  furnish 
and  supply  the  same  with  nurses  and  attaches, 
and  remove  thereto  all  persons  afiiicted  with  chol- 
era, small-pox,  yellow,  typhus,  ship  fever,  or  oth- 
er contagious  diseases;  provided,  said  quarantine 
grounds  and  hospitals  shall  not  be  established 
within  one  mile  of  the  mainland  on  the  north  side 
of  the  bay  of  San  Francisco. 
Duty  of  board  of  health. 

Sec.  183.  The  board  of  health  must  cause  to  be 
kept  a  record  of  all  births,  deaths,  and  interments 
occurring  in  such  city,  or  city  and  county,  coming 
under  the  provisions  of  this  chapter.  Such  rec- 
ords, when  filed,  must  be  deposited  in  the  office 
of  the  city,  or  city  and  county,  recorder,  and  pro- 
duced when  required  for  public  inspection. 
Duty  of  physicians  and  midwives. 

Sec,  184.  Physicians  and  midwives  must,  on  or 
before  the  fourth  day  of  each  month,  make  a  re- 
turn to  the  health-officer  of  all  births,  deaths,  and 
the  number  of  still-born  children  occurring  in  their 
practice  during  the  preceding  month.  In  the  ab- 
sence of  such  attendants,  the  parents  must  make 
such  report  witliin  thirty  days  after  the  birth  of 
the  child.  Such  returns  must  be  made  in  accord- 
ance with  rules  adopted  by,  and  upon  blanks  fur- 
nished by,  the  board  of  health. 
Human  bodies  not  to  be  buried  without  permit. 

Sec.  185.     Xo  person  shall  deposit  in  any  ceme- 
tery, or  inter  in  any  such  city,  or  city  and  county. 


Municipal  Corporations.  711 

any  liuman  body,  without  first  having  obtained  and 
filed  with  the  health-officer  a  certificate,  signed  by 
a  physician  or  midwife,  or  coroner,  setting  forth 
as  near  as  possible  the  name,  age,  color,  sex,  place 
of  birth,  occupation,  date,  locality,  and  the  cause 
of  death  of  deceased,  and  obtain  from  such  health 
officer  a  permit.  The  physicians,  when  death  oc- 
curs in  their  practice,  must  give  the  certificate 
herein  mentioned.  It  shall  be  the  duty  of  the 
said  board  of  health  to  see  that  the  dead  body  of 
a  human  being  is  not  allowed  to  remain  in  any 
public  receiving  vault  for  a  longer  period  than 
five  days.  At  the  expiration  of  that  time  it  shall 
cause  the  body  to  be  buried,  or  to  be  placed  in  a 
vault  or  niche,  constituted  of  brick,  stone,  or  iron, 
and  hermetically  sealed.  It  shall  also  be  the  duty 
of  said  boards  to  require  all  persons  having  in 
charge  the  digging  of  graves,  and  the  burial  of 
the  dead,  to  see  that  the  body  of  no  human  being 
who  has  reached  ten  years  of  age  shall  be  interred 
in  a  grave  less  than  six  feet  deep,  or  if  under  Hie 
age  of  ten  years,  the  grave  to  be  not  less  than 
five  feet  deep.  The  board  of  health  shall  have  en- 
tire charge  of  all  cemeteries  belonging  to  such 
city,  or  city  and  county,  and  may  employ  a  super- 
intendent thereof,  at  a  salary  not  to  exceed  sev- 
enty-five dollars  per  month,  the  same  to  be  paid 
out  of  the  general  fund  as  the  salaries  of  the  oth- 
er employees  are  paid. 
Duty  of  superintendent  of  cemeteries. 

Sec.  186.  Superintendents  of  all  cemeteries  in 
any  such  city,  or  city  and  county,  must  return 
to  the  health-officer,  on  each  Monday,  the  names 
of  all  persons  interred  or  deposited  within  their 
respective  cemeteries  during  the  preceding  weelv, 
and  no  superintendent  of  a  cemetery,  or  any  other 
person,  can  remove,  or  cause  to  be  removed,  or 
cause  to  be  disinterred,  any  human  body  or  re- 
mains that  have  been  deposited  in  a  cemetery 
without  a  permit  therefor  from  the  health-officer, 
or  by  order  of  the  coroner. 

Human  body  not  to  be  disinterred  without  ppr- 
mit. 

Sec.  187.  It  shall  be  unlawful  to  disinter  or  ex- 
hume from  a  grave,  vault,  or  other  burial  place 
within  the  limits  of  such  city,  or  city  and  county^ 


712  Municipal  Corporations. 

the  body  or  remains  of  any  deceased  person,  un- 
less a  permit  for  so  doing  shall  have  first  been 
obtained  from  the  health-oflicer  of  such  city,  or 
city  and  county.  Nor  shall  any  body  or  remains 
disinterred,  exhumed,  or  taken  from  any  grave, 
vault,  or  other  place  of  burial  or  deposit,  be  trans- 
ported in  or  through  the  streets  or  highways  of 
any  such  city,  or  city  and  county,  unless  the  per- 
son or  persons  removing  or  transporting  such  body 
or  remains  shall  first  obtain  from  the  health-offi- 
cer a  permit,  in  writing,  therefor,  as  aforesaid. 
But  when  an  applicant  for  a  permit  to  disinter  a 
body  shall  desire  to  remove  said  body  beyond  the 
limits  of  such  city,  or  city  and  county,  and  shall 
so  state  on  malting  application,  the  permit,  if  the 
same  be  issued,  shall  include  the  right  to  disinter 
and  remove,  and  said  permit  shall  accompany  the 
remains. 
Discretion  of  health-oflicer. 

Sec.  188.  Permits  to  disinter  or  exhume  the 
bodies  or  remains  of  deceased  persons  and  to  trans- 
port the  same,  or  to  exhume,  or  to  transport,  as 
in  the  last  section  provided,  may  be  granted,  in 
the  discretion  of  the  health-officer,  and  under  such 
restrictions  and  conditions  only  as  he,  in  his  judg- 
ment, may  affix,  so  as  in  the  best  possible  manner 
to  protect  the  public  health.  The  health-officer 
shall  prepare  a  book  of  blank  permits  in  proper 
form,  and  consecutively  numbered,  containing 
stubs,  on  which,  as  well  as  in  the  permit,  shall 
be  entered  a  record  of  the  transaction,  giving  the 
name,  age,  sex,  nativity,  date  of  death,  destina- 
tion of  remains  sought  to  be  removed,  and  upon 
granting  each  permit  shall  be  required  to  be  paid 
to  him  the  sum  of  ten  dollars  therefor,  for  the  use 
and  benefit  of  the  general  fund  of  such  city,  or 
city  and  county. 
Penalty  of  disinterring  without  permit. 

Sec.  189.  Any  person  or  persons  who  shall  dis- 
inter, exhume,  or  remove,  or  cause  to  be  disin- 
terred, exhumed,  or  removed,  from  a  grave,  vault, 
or  other  receptacle  or  burial-place,  the  remains  of 
a  deceased  person,  without  a  permit  therefor,  shall 
be  guilty  of  a  misdemeanor,  and  be  punished  by 
fine  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars,   or  imprisonment  in  the  county 


Municipal  Corporations.  71S 

jail  for  not  less  than  thirty  days  nor  more  than 
six  months,  or  by  both  such  fine     and  imprison- 
ment. 
Penalty  for  transporting  body  without  permit. 

Sec.  190.  Any  person  or  persons  who  shall 
transport,  or  cause  to  be  transported,  on  or 
through  the  streets  or  highways  of  any  such  city, 
or  city  and  county,  the  body  or  remains  of  a  de- 
ceased person  which  has  been  disinterred  or  ex- 
humed without  a  permit  therefor,  in  accordance 
with  this  chapter,  shall  be  guilty  of  a  misdemean- 
or, and  be  punished  as  provided  in  the  preceding 
section. 
Exception. 

Sec.  101.  Nothing  in  this  chapter  contained  shall 
be  taken  to  apply  to  the  removal  of  the  remains 
of  the  deceased  person  from  one  place  of  inter- 
ment to  another  place  of  interment,  or  cemetery, 
within  this  state. 
Penalties. 

Sec.  192.  No  person,  master,  captain,  or  ctrfic 
ductor  in  charge  of  any  boat,  vessel,  or  railroad 
car,  or  public  or  private  conveyance,  shall  receivt- 
for  transportation,  or  shall  transport,  the  body  oi 
any  person  who  has  died  within  the  limits  of  such 
city,  or  city  and  county,  without  said  body  is  ac- 
companied by  a  permit  for  such  transportation 
from  the  health-officer,  which  permit  shall  accom- 
pany the  body  to  its  destination;  and  no  person, 
master,  captain,  or  conductor,  as  aforesaid,  shall 
bring  into  or  transport  through  any  such  city,  or 
city  and  county,  the  dead  body  or  remains  of  any 
person  unless  it  be  accompanied  with  a  certificate 
from  some  proper  authority  of  the  place  from 
whence  it  came,  stating  the  name,  age,  sex,  and 
cause  of  death,  which  certificate  shall  be  filed  at 
the  health-office;  provided,  that  in  no  case  shall 
the  body  of  any  person  who  died  of  contagious 
disease  be  brought  to  such  city,  or  city  and  coun- 
ty, within  one  year  after  the  day  of  death. 
Nuisances,  how  abated. 

Sec.  193.  Whenever  a  nuisance  shall  exist  on  the 
property  of  any  non-resident,  or  any  property  the 
owner  or  owners  of  which  cannot  be  found  by 
either  health  inspector,  after  diligent  search,  or  on 


714  Municipal  Corporations. 

the  property  of  any  owner  or  owners  upon  whom 
due  notice  may  have  been  served,  and  who  shall 
for  three  days  refuse  or  neglect  to  abate  the  same, 
or  any  property  belonging  to  such  city,  or  city 
and  county,  it  shall  be  the  duty  of  the  board  of 
health  to  cause  the  said  nuisance  to  be  at  once 
removed  or  abated,  and  to  draw  upon  the  general 
fund  in  such  sums  as  may  be  required  for  such 
removal  or  abatement,  not  to  exceed  two  hun- 
dred dollars;  provided,  that  whenever  a  larger  ex- 
penditure is  found  necessary  to  be  made  in  the 
removal  or  suppression  of  any  nuisance,  the  mu- 
nicipal council  of  such  city,  or  city  and  county, 
shall,  upon  the  written  application  of  the  board 
of  health,  by  ordinance,  appropriate,  allow,  and 
order  paid,  out  of  the  general  fund,  such  sum  or 
sums  as  may  be  necessary  for  that  purpose;  pro- 
vided further,  that  in  all  cases  where  such  expen- 
diture will  exceed  five  hundred  dollars,  no  appro- 
priation shall  be  made  for  that  purpose  unless  the 
city,  or  city  and  county,  attorney  shall  first  give 
his  opinion  in  writing  that  such  expenditure  would 
be  a  legal  charge  against  the  property  affected 
thereby.  And  the  auditor  shall  audit  and  the 
treasurer  shall  pay  all  appropriations  of  money 
made  in  pursuance  of  this  section,  in  the  same 
manner  as  is  now  provided  by  law  for  auditing 
and  paying  demands  upon  the  treasury. 
Fee-book  open  to  public  inspection. 

Sec.  194.  The  health-ofiicer  and  the  quarantine 
officer  must  each  keep  a  book  open  to  public  in- 
spection, in  which  must  be  entered  daily  all  fees 
collected  by  them,  and  they  must  pay  all  fees  col- 
lected to  such  city,  or  city  and  county,  treasurer, 
daily,  to  the  credit  of  the  general  fund. 
Bond  of  health-ofiicer. 

Sec.  195.  The  health-officer  must  execute  an  oflS- 
cial  bond,  with  two  sureties,  to  be  approved  by  the 
board  of  health,  in  tlie  sum  of  ten  thousand  dol- 
lars; and  the  quarantine  officer  must  execute  a 
lik<?  otticijil  bond,  with  two  sureties,  in  the  sum  of 
ten  thousand  dollars,  which  bonds  shall  be  filed 
with  the  auditor  of  such  city,  or  city  and  county. 
Wlio  may  administer  oaths. 

Sec.  190.  Any  member  of  the  board  of  health,  the 
health-officer,  and  the  quarantine  oflSicer,  and  the 


Municipal  Corporations.  715 

secretary  of  the  board  of  health,  is  hereby  author- 
ized to  *^administer   oaths   on  business   connected 
with  the  health  department. 
Suits,  where  maintained. 

Sec.  197.  Whenever  any  cause  of  action  arises 
under  any  of  the  provisions  of  this  chapter  relat- 
ing to  the  health  department,  suit  may  be  main- 
tained thereon  in  the  name  of  the  health  or  quar- 
antine officer,  as  the  case  may  be,  in  any  superior 
court  or  justice's  court  of  this  state. 
Duty  of  physicians  in  certain  cases. 

Sec.  198.  Every  physician  in  any  such  city,  or 
city  and  county,  shall  report  to  the  health  offi- 
cer, in  writing,  every  patient  he  shall  have  labor- 
ing under  Asiatic  cholera,  variola,  diphtheria, 
scarlatina,  or  other  contagious  diseases,  imme- 
diately thereafter,  and  report  to  the  same  officer 
every  case  of  death  from  such  disease. 
Duty  of  householders  in  certain  cases. 

Sec.  199.  Every  householder  in  any  such  city,  oc 
city  and  county,  shall  forthwith  report,  in  writing, 
to  the  health-officer  the  name  of  every  person 
boarding,  or  an  inmate  of  his  or  her  house,  whom 
he  or  she  shall  have  reason  to  believe  sicli  of  chol- 
era, or  small-pox,  and  any  deaths  occurring  at  his 
or  her  house  from  such  disease. 
Parli    commissioners,    how    appointed    and    their 

duties. 

Sec.  200.  There  shall  be  a  board  of  park  com- 
missioners of  such  city,  or  city  and  county,  con- 
sisting of  three  persons,  to  be  appointed  by  the 
governor  of  this  state,  who  shall  hold  their  office 
for  four  years,  and  who  shall  receive  no  compen- 
sation for  their  services.  In  case  of  a  vacancy, 
the  same  shall  be  filled  by  the  remaining  members 
of  the  board  for  the  residue  of  the  term  then  va- 
cant; and  all  vacancies  occasioned  by  expiration 
of  terms  of  office,  or  neglect,  or  incapacity,  shall 
be  filled  by  the  governor  aforesaid.  Each  of  said 
commissioners  shall  be  a  freeholder  and  resident 
of  such  city,  or  city  and  county.  Said  board  shall 
have  full  and  exclusive  control  and  management 
of  all  the  parks  of  such  city,  or  city  and  county, 
which  at  the  time  of  the  organization  of  such  city, 


716  Municipal  Corporations. 

or  city  and  county,  under  this  act,  were  treated 
and  improved  as  public  parks,  with  the  avenues 
and  great  highways  connected  therewith.  Two 
of  said  commissioner!^  shall  constitute  a  quorum 
to  do  business,  but  no  money  shall  be  expended 
or  contract  entered  into  authorizing  the  expendi- 
ture of  money  without  the  approval  of  the  mayor 
and  a  majority  of  said  board  of  park  comrtiis- 
sioners. 
Powers. 

Sec.  201.  Said  board  shall  have  power  to  gov- 
ern, manage,  and  direct  said  parks  and  avenues 
leading  thereto  as  have  heretofore  been  operated 
or  managed  in  connection  therewith;  to  lay  out, 
regulate,  and  improve  such  parks  and  avenues; 
to  pass  ordinances  for  the  regulation  and  govern- 
ment of  the  same;  to  appoint  one  general  superin- 
tendent, who  shall  perform  the  duties  of  over- 
seer and  managing  gardener,  who  shall  receive  a 
salary  of  two  thousand  four  hundred  dollars  per 
annum.  The  city,  or  city  and  county,  surveyor 
shall  be  ex  otficio  engineer  of  the  Avorks,  and  shall 
perform  such  engineering  work  as  the  commis- 
sioners may  require  of  him.  Prisoners  over  the 
age  of  twenty-one  years,  sentenced  to  hard  labor 
in  any  of  the  jails,  prisons,  houses  of  correction, 
work-houses,  or  other  penal  establishments  of  such 
city,  or  city  and  county,  may  be  put  to  work  upon 
the  parks.  The  commissioners  may  employ  such 
other  laborers  as  shall  be  necessary,  Avithin  the 
amount  allowed  by  law  to  be  expended  on  said 
parks,  at  wages  not  to  exceed  the  current  wages 
paid  in  such  city,  or  city  and  county,  for  labor. 
They  sliall  in  no  year  incur  any  debt  or  deficit, 
nor  expend  any  money  beyond  the  amount  real- 
ized by  the  tax  herein  provided  for.  All  persons 
violating  any  of  the  ordinances  of  the  commission- 
ers regulating  the  parks  shall  be  deemed  guilty 
of  misdemeanor,  and  punished  accordingly. 
Taxes  for  park  improvement,  how  levied. 

Sec.  202.  The  municipal  council  shall  have  the 
power  to  levy  and  collect,  in  the  mode  prescribed 
by  law  for  the  levy  and  collection  of  taxes,  each 
year,  upon  all  property  in  such  city,  or  city  and 
county,  the  sum  of  one  and  one-lialf  cents  upon 
each  one  hundred  dollars    valuation   of    taxable 


i 


Municipal  Corporations.  717 

property  therein,  for  the  purpose  of  preserving  and 
iniprovinj?  the  parks  and  avenues  under  control 
and  managrement  of  said  commissioners.  Said 
money  shall  he  paid  into  the  treasury,  and  paid 
out  for  said  purpose;  all  claims  to  be  first  allowed 
by  said  commissioners  and  audited  by  the  auditor. 
The  jurisdiction  of  the  park  commissioners  shall 
not  extend  to  unimproved  parks,  nor  squares  and 
places  not  hitherto  treated  as  parks,  unless  ex- 
tended thereto  by  an  ordinance  of  the  municipal 
council.  The  commissioners  may  lease,  for  terms 
not  to  exceed  three  years,  any  portion  of  said 
grounds  not  immediately  required  for  improve- 
ment, the  proceeds  to  go  to  the  improvement  of  the 
parks  and  avenues. 
Reports  of  park  commissioners. 

Sec.  203.    The  park  commissioners  shall  make 
semi-annual  reports  to  the  mayor  and  municipal 
council   of   all   their  proceedings,   and   a  detailed 
statement  of  all  the  receipts  and  expenditures. 
Duties  of  mayor  and  other  officers  in  reference 

to  contracts. 

Sec.  204.  The  mayor  shall  see  that  all  contracts 
and  agreements  with  the  city  are  faithfully  kept 
and  performed,  and  to  this  end  he  shall  cause  le- 
gal proceedings  to  be  instituted  and  prosecuted 
against  all  persons  or  corporations  failing  to  ful- 
fill their  agreements.  And  it  is  the  duty  of  any 
and  every  city,  or  city  and  county,  officer,  when  it 
shall  come  to  his  knowledge  that  any  contract 
with  such  city,  or  city  and  county,  relating  to  the 
business  of  any  office  whatever,  has  been  or  is 
about  to  be  violated  by  the  other  contracting  par- 
ty, forthwith  to  report  the  fact  to  the  mayor.  A 
failure  to  do  so  shall  be  a  sufficient  cause  for  the 
removal  of  any  officer  of  any  department.  The 
mayor  shall  give  a  certificate,  on  demand,  to  any 
officer  giving  such  information  that  he  has  done 
so,  which  certificate  shall  be  evidence  in  exonera- 
tion from  a  charge  of  neglect  of  such  duty.  The 
city,  or  city  and  county,  attorney  shall  prosecute 
all  suits  so  ordered  by  the  mayor. 


718  Municipal  Corporations. 


Article   V.— Judicial   Department. 

Number  and  jurisdiction  of  justices. 

Sec.  213.  There  shall  be  in  and  for  such  city, 
or  city  and  county,  one  justices'  court,  composed 
of  six  justices  of  the  peace,  which  shall  have  the 
powers  and  jurisdiction  prescribed  and  conferred 
by  law  upon  justices  of  the  peace  and  justices' 
court  in  such  city,  or  city  aijd  county.  All  actions, 
suits,  and  proceedings  whereof  justices  of  the 
peace  and  justices'  courts  in  such  city,  or  city  and 
county,  have  jurisdiction,  shall  be  commenced, 
entitled  and  prosecuted  in  said  court.  Such  court 
shall  be  always  open,  non-judicial  days  excepted, 
and  causes  therein  may  be  tried  before  the  pre- 
siding justice,  before  any  one  of  the  justices  be- 
fore whom  the  original  process  may  be  made  re- 
turnable, or  to  whom  the  cause  may  be  assigned 
or  transferred  for  trial. 
Presiding  justice. 

Sec.  214.  The  board  of  aldermen  shall  appoint 
one  of  the  justices  of  the  peace  to  be  presiding 
justice,  wlio,  as  such,  shall  hold  office  until  his 
successor  shall  in  the  same  manner  be  appointed; 
and  any  one  of  the  other  justices  may  attend,  pre- 
side and  act  as  presiding  justice  during  the  tem- 
porary absence  or  disability  of  the  justice  so  ap- 
pointed. The  board  of  aldermen,  within  ten  days 
after  its  organization  as  such  board,  shall  appoint 
a  justices'  clerk,  who  shall  hold  office  during  the 
pleasure  of  the  appointing  power.  The  clerk  shall 
take  the  constitutional  oath  of  office,  and  give 
bond,  with  at  least  two  sufficient  sureties,  to  be 
approved  in  the  same  manner  as  the  official  bond 
of  other  officers  of  such  city,  or  city  and  county, 
in  the  sum  of  not  less  than  fifteen  thousand  dol- 
lars, payable  to  the  city,  or  city  and  county,  con- 
ditioned for  the  faithful  discharge  of  tlie  duties 
of  his  office,  and  well  and  truly  to  account  for  and 
pay  into  the  treasury  of  such  city,  or  city  and 
county,  as  required  by  law,  all  moneys  by  him 
collected  or  received,  and  by  law  designated  for 
that  use.  A  new  or  additional  bond  may  bo  re- 
quired by  the  municipal  council  whenever  it 
deems  it  necessary;  and  on  failure  to  furnish  such 


Municipal  Corporations.  719 

new  or  additional  bond  within  five  days 
after  it  shall  be  required,  the  office  shall 
become  vacant.  The  justice's  clerlv  shall  have 
authority  to  administer  oaths,  and  talkie  and 
certify  affidavits  in  any  action,  suit  or  pro- 
ceeding in  all  courts  of  such  city,  or  city 
and  county,  and  to  appoint  two  deputy 
clerks,  for  whose  acts  he  shall  be  responsible  on 
his  official  bond;  the  said  deputy  clerics  to  hold 
office  during  the  pleasure  of  said  clerk.  Said 
deputy  clerks  shall  have  the  same  power  as  the 
said  clerk,  except  that  of  appointment. 
Offices  for  justices,  and  office  hours. 

Sec.  215.  The  municipal  council  of  such  city,  or 
city  and  county,  shall  provide,  in  some  convenient 
locality  in  the  city,  or  city  and  county,  a  suitable 
office,  or  suite  of  offices,  for  said  presiding  justice, 
justices'  clerk,  deputy  clerk,  and  deputy  sheriff, 
and  offices  suitable  for  holding  sessions  of  said 
court,  and  separate  from  one  another,  for  each  of 
said  justices  of  the  peace,  together  with  attend- 
ants, furniture,  fuel,  lights  and  stationery,  suffi- 
cient for  the  transaction  of  business;  and  if  they 
are  not  provided,  the  court  may  direct  the  sheriff 
to  provide  the  same,  and  the  expenses  incurred, 
certified  by  the  justices  to  be  correct,  shall  be  a 
charge  against  the  city,  or  city  and  county,  treas- 
ury and  paid  out  of  the  general  fund  thereof.  The 
said  justices,  justices'  clerk  and  deputy  clerk, 
shall  be  in  attendance  at  their  respective  offices 
for  the  dispatch  of  official  business  daily,  from  the 
hour  of  nine  o'clock  a.  m.  until  five  o'clock  p.  m. 
Legal  process,  how  issued. 

Sec.  216.  All  legal  process  of  every  kind  in 
actions,  suits  or  proceedings  in  said  justices' 
court,  for  the  issue  of  service  of  which  any  fee  is 
or  may  be  allowed  by  law,  shall  be  issued  by  the 
said  justices'  clerk,  upon  the  order  of  the  presid- 
ing justice,  or  upon  the  order  of  one  of  the  jus- 
tices of  the  peace,  acting  as  presiding  justice,  as 
in  this  chapter  provided;  and  the  fees  for  issu- 
ance and  service  of  all  such  process,  and  all  other 
fees  which  are  allowed  by  law  for  any  official 
services  of  justices,  justices'  clerk,  or  sheriff,  shall 
be  exacted  and  paid  in  advance  into  the  hands 
of  said  clerk,   and  be  by  him   daily,   weekly  or 


720  Municipal  Corporations. 

montlily,  as  the  municipal  council  may  require, 
and  before  his  salary  shall  be  allowed,  accounted 
for  in  detail,  under  oath,  and  paid  into  the  treas- 
ury of  such  city,  or  city  and  county,  as  part  of 
the  special-fee  fund  thereof;  provided,  that  such 
payment  in  advance  shall  not  be  exacted  from 
parties  who  may  prove,  to  the  satisfaction  of  the 
presiding  justice,  that  they  have  good  cause  of 
action,  and  that  they  are  not  of  sufficient  pecu- 
niary ability  to  pay  the  legal  fees;  and  no  judg- 
ment shall  be  rendered  in  any  action  before  said 
justices'  court,  or  any  of  said  justices,  until  the 
fees  allowed  therefor,  and  all  fees  for  previous 
services  therein,  which  are  destined  to  be  pain 
into  the  treasury,  shall  have  been  paid,  except  in 
cases  of  poor  persons,  as  hereinbefore  provided. 
Sheriff  and  deputies  for  justices'  courts. 

See.  217.  The  sheriff  of  such  city  and  county 
shall  be  ex-officio  an  officer  of  said  court,  and  it 
shall  be  his  duty  to  serve  or  execute,  or  cause  to 
be  served  and  executed,  each  and  every  process, 
writ,  or  order  that  may  be  issued  by  said  justices' 
court;  provided,  that  a  summons  issued  from  said 
court  may  be  served  and  returned  as  provided  in 
section  eight  hundred  and  forty-nine  of  the  Code 
of  Civil  Procedure;  and  that  subpoenas  may  be  is- 
sued by  the  justices'  cleric,  and  served  as  provided 
in  sections  nineteen  hundred  and  eighty-seven  and 
nineteen  hundred  and  eighty-eight  of  the  Code  of 
Civil  Procedure.  The  said  sheriff  may  appoint,  in 
addition  to  the  other  deputies  allowed  by  law, 
three  deputies,  whose  duty  it  shall  be  to  assist 
said  sheriff  in  serving  and  executing  the  process, 
writs,  and  orders  of  the  said  justices'  court.  Said 
deputies  shall  receive  a  salary  of  not  to  exceed 
one  hundred  and  twenty-five  dollars  per  mouth 
each,  payable  monthly,  out  of  the  city  and  county 
treasury,  and  out  of  the  special-fee  fund,  after 
being  first  allowed  and  audited  as  other  demands 
are  by  law  required  to  be  audited  and  allowed. 
One  of  said  deputies  shall  remain  in  attendance 
during  the  sessions  of  said  court,  and  at  such  oth- 
er times  as  the  said  court  or  the  presiding  justice 
thereof  may  order  and  direct,  for  the  purpose  of 
attending  to  such  duties  as  may  be  imposed  ou 
said  sheriff  or  said  deputies,  as  herein  provided 


MuDicipal   Corporations.  721 

or  required  by  law.    The  said  sheriff  shall  be  lia- 
ble on  his  official  bond  for  the  faithful  perform- 
ance of  all  duties  required  of  him  or  any  of  his 
said  deputies. 
Style  of  action. 

Sec.  218.  All  actions,  suits,  and  proceedings  in 
such  city,  or  city  and  county,  whereof  justices 
of  the  peace  or  justices'  courts  have  jurisdiction, 
except  those  cases  of  concurrent  jurisdiction  that 
may  be  commenced  in  some  other  court,  shall  be 

entitled,  "In  the  justices'  court  of  the  city  of 

(or  the  city  and  county  of  ),"   (inserting  the 

name  of  the  city,  or  city  and  county),  and  com- 
menced and  prosecuted  in  said  justices'  court, 
which  shall  be  always  open.  The  original  process 
shall  be  returnable,  and  the  parties  summoned  re- 
quired to  appear,  before  the  presiding  justice,  or 
before  one  of  the  other  justices  of  the  peace,  to 
be  designated  by  the  presiding  justice  at  his  of- 
fice; but  all  complaints,  answers,  and  other  plead- 
ings and  papers  required  to  be  filed,  shall  be  filed 
and  a  record  of  all  such  actions,  suits,  and  pro- 
ceedings made  and  kept  in  the  clerk's  office  afore- 
said; and  the  presiding  justice,  and  each  of  the 
other  justices,  shall  have  power,  jurisdiction,  and 
authority  to  hear,  try,  and  determine  any  action, 
suit,  or  proceeding  so  commenced,  and  which  shall 
have  been  made  returnable  before  him,  or  may 
be  assigned  or  transferred  to  him,  or  any  motion, 
application,  or  issue  therein  (subject  to  the  consti- 
tutional right  of  trial  by  jury),  and  to  make  any 
necessary  and  proper  orders  therein. 
In  case  of  disability  of  justice,  case  to  be  tried  be- 
fore another  justice. 

Sec.  219.  In  case  of  sickness,  or  disability,  or 
absence  of  a  justice  of  the  peace  (on  the  return  of 
a  summons,  or  at  the  time  appointed  for  trial)  to 
whom  a  cause  has  been  assigned,  the  presiding 
justice  shall  reassign  the  cause  to  some  other  jus- 
tice, who  shall  proceed  with  the  trial  and  disposi- 
tion of  said  cause  in  the  same  manner  as  if  origin- 
ally assigned  to  him;  and  if,  at  any  time  before  the 
trial  of  a  cause  or  matter  returnable  or  pending 
before  any  of  said  justices,  either  party  shall  ob- 
ject to  having  the  cause  or  matter  tried  before 
said  justice  on  the  ground  that  such  justice  is  a 
Gen.  Laws— 61. 


722  Municipal  Corporations. 

material  witness  for  either  party,  or  on  the  ground 
of  the  interest,  prejudice,  or  bias  of  such  justice, 
and  such  objection  be  made  to  appear  in  the  man- 
ner prescribed  by  section  eight  hundred  and  thir- 
ty-three of  the  Code  of  Civil  Procedure,  the  said 
justice  shall  suspend  proceedings,  and  the  presid- 
ing justice,  on  motion  and  production  before  him 
of  the  affidavit  and  proofs,  shall  order  the  trans- 
fer of  the  cause  or  matter  for  trial  before  some 
other  justice,  to  be  designated  by  him.  The  pre- 
siding justice  may,  in  lilie  manner,  assign  or 
transfer  any  contested  motion,  application,  or  is- 
sue in  law,  arising  in  any  cause,  returnable  or 
pending  before  him  or  any  other  justice,' to  some 
other  justice,  and  the  said  justice  to  whom  any 
cause,  matter,  motion,  application,  or  issue  shall 
be  so  as  aforesaid  assigned  or  transferred,  shall 
have  power,  jurisdiction,  and  authority  to  hear, 
try,  and  determine  the  same  accordingly. 
Certain  cases  to  be  certified  to  superior  court  by 
presiding  justice,  and  justices'  clerk. 
Sec.  220.  Cases  which,  by  the  provisions  of  law, 
are  required  to  be  certified  to  the  superior  court, 
by  reason  of  involving  the  question  of  title  or  pos- 
session of  real  property,  or  the  legality  of  any  tax. 
impost,  assessment,  toll,  or  municipal  fine,  shall 
be  so  certified  by  the  presiding  justice  and  jus- 
tices' clerlv;  and  for  that  purpose,  if  such  question 
shall  arise  on  the  trial  while  the  case  is  pending 
before  one  of  the  other  justices,  such  justice  shall 
certify  the  same  to  the  presiding  justice.  All  ab- 
stracts and  transcripts  of  judgnients  and  proceed- 
ings in  said  court,  or  in  any  of  the  dockets  or  reg- 
isters of  or  deposited  in  said  court,  shall  be  given 
and  certified  from  any  of  such  dockets  or  regis- 
ters and  signed  b.v  the  presiding  justice  and  clerk, 
and  shall  have  the  same  force  and  effect  as  ab- 
stracts and  transcripts  of  justices  of  the  peace  in 
other  cases.  Appeals  from  judgments  rendered  in 
said  court  shall  be  taken  and  perfected  in  the  man- 
ner prescribed  by  law,  and  the  notice  of  appeal 
and  all  papers  i-equired  to  be  filed  to  perfect  it 
shall  be  filed  with  the  justices'  clerk.  Statements 
on  appeal  shall  be  settled  by  the  justice  who  tried 
the  cause.  Sureties  on  appeal,  or  on  any  bond  or 
undertaking  given  in  any  cause  or  proceeding  in 


Municipal  Corporations.  723 

said  court,  when  required  to  justify,  may  justify 

before  any  one  of  the  justices. 

Jurisdiction. 

Sec.  221.     The  jurisdiction  of  the  justices'  court 
of  such  city,  or  city  and  county,  extends  to  the 
limits  of  the,  city,  or  city  and  county,  and  its  pro- 
cess may  be  served  in  any  part  thereof. 
Powers  of  associate  justices. 

Sec.  222.  The  presiding  justice,  whenever  in  his 
judgment  the  prompt  dispatch  of  business  shall 
demand  it,  may  require  the  aid  of  one  of  the  jus- 
tices of  the  peace  in  the  discharge  either  of  his 
own  duties  or  those  of  the  justices'  clerk  (the  col- 
lection of  fees,  accounting  for,  and  paying  the 
same  into  the  treasury  excepted),  and  each  of  the 
justices,  when  so  required,  shall,  for  the  purpose, 
have  the  same  power  and  authority  as  the  presid- 
ing justice  or  clerk  in  whose  aid  he  shall  act;  and 
any  one  of  the  justices,  when  required  as  afore- 
said, may  act  as  a  justices'  clerk  pro  tempore  dur- 
ing the  temporary  absence  or  disability  of  such 
clerk,  with  the  same  powers,  duties,  and  responsi- 
bilities. 
"Justices'  docket." 

Sec.  228.  In  a  suitable  book,  strongly  bound, 
the  justices'  clerk  shall  keep  a  permanent  record 
of  all  actions,  proceedings,  and  judgments  com- 
menced, had,  or  rendered  in  said  justices'  court, 
which  book  shall  be  a  public  record,  and  be  known 
as  the  "justices'  docket,"  in  which  docket  the 
clerk  shall  make  the  same  entries  as  are  provided 
for  in  section  nine  hundred  and  eleven  of  the  Code 
of  Civil  Procedure,  and  which  said  docket  and 
entries  therein  shall  have  the  same  force  and  ef- 
fect as  is  provided  by  law  in  reference  to  dockets 
of  justices  of  the  peace.  To  enable  the  clerk  to 
make  up  such  docket,  each  of  the  justices  shall 
keep  minutes  of  his  proceedings  in  every  cause 
returnable  before,  or  assigned  or  transferred  to, 
him  for  trial  or  hearing,  and  upon  judgment,  or 
other  disposition  of  a  cause,  such  justice  shall  im- 
mediately certify  and  return  the  said  minutes, 
together  with  all  pleadings  and  papers  in  said 
cause,  to  the  clerk's  office,  who  shall  immediately 
thereupon  file  the  same,  and  make  the  proper  en- 
tries under  the  title  of  the  action  in  the  docket 
aforesaid. 


'24  Mimicipal  Corporations. 

Procedure. 

See.  224.  The  .nistices'  court  and  the  .iustices  of 
the  peace  of  every  such  city  and  county  shall  be 
governed  in  their  proceedings  by  the  provisions  of 
law  regulating  proceedings  before  justices  of  the 
peace,  so  far  as  such  provisions  are  not  altered  or 
modified  in  this  chapter,  and  the  same  are  or  can 
be  made  applicable  in  the  several  cases  arising 
before  them.  The  justices'  court  of  such  city,  or 
city  and  county,  shall  have  power  to  make  rules, 
not  inconsistent  with  the  constitution  and  laws, 
for  the  government  of  such  justices'  court  and  tlie 
officers  thereof;  but  such  rules  shall  not  be  in 
force  until  thirty  days  after  their  publication;  and 
no  rule  shall  be  made  imposing  any  tax  or  charge 
on  any  legal  proceeding,  or  giving  any  allowance 
to  any  justice  or  officer  for  services. 
New  justices'  court  a  continuation  of  old. 

Sec.  225.  All  actions  and  proceedings  pending 
and  undetermined  before  the  justices'  court  of 
such  city,  or  city  and  county,  if  any,  at  the  time 
of  its  organization  under  this  act,  shall  be  pro- 
ceeded in.  heard,  and  determined  before  the  court 
herein  provided  for,  and  execution  shall  be  issued 
thereon,  and  other  proceedings  had  therein,  wheth- 
er before  or  after  judgment,  whether  on  appeal  or 
otherwise;  and  the  court  provided  for  under  this 
act  shall  be  deemed  to  be  a  continuation  of  the 
same  court  before  existing,  and  not  a  new  court. 
Prohibition  to  practice  by  justices. 

Sec.  220).  It  shall  not  be  lawful  for  any  justice 
of  the  peace,  the  justices'  clerk,  or  the  sheriff,  or 
any  of  his  deputies,  of  such  city,  or  city  and  coun- 
ty, to  appear  or  advocate,  or  in  any  manner  act 
as  attorney,  counsel,  or  agent  for  any  party  or  per- 
sons in  any  cause,  or  in  relation  to  any  demand, 
account,  or  claim,  pending,  or  to  be  sued  or  prose- 
cuted before  said  justices,  or  any  of  them,  or  which 
may  be  within  their  jurisdiction.  A  violation  of 
the  provisions  of  this  section  shall  be  deemed  a 
misdemeanor  in  office. 
Qualifir'ntions  of  attorneys. 

Sec.  227.  No  person  other  than  an  attorney  at 
law,  dul.v  admitted  and  licensed  to  practice  in 
courts  of  record,  shall  be  permitted  to  appear  as 
attorney  or  agent  for  any  party  in  any  cause  or 


Municipal  Corporations.  725 

proceeding  before  said  justices,  or  any  of  them, 
unless  he  produce,  a  sufficient  power  of  attorney  to 
that  effect,  duly  executed  and  acknowledged  be- 
fore one  of  said  justices,  or  before  some  other 
officer  authorized  by  law  to  talie  aclinowledgment 
of  deeds;  which  power  of  attorney,  or  a  true  copy 
thereof,  duly  certified  by  one  of  the  justices  afore- 
said (who,  on  inspection  of  the  original,  shall  at- 
test to  its  genuineness),  shall  be  filed  among  the 
papers  in  such  cause  or  proceeding. 
Appointment  of  additional  justices. 

Sec.  228.  If,  at  the  time  of  the  organization  of 
any  such  city,  or  city  and  county,  under  this  act, 
there  shall  not  be  the  complement  of  justices  of 
the  peace  provided  for  in  this  chapter,  the  mu- 
nicipal council  of  such  city,  or  city  and  county, 
shall  appoint  a  suitable  person  or  persons  to  fill 
such  complement  and  the  person  or  persons  so  ap- 
pointed shall  hold  office  from  his  or  their  appoint- 
ment, and  until  his  or  their  successor  or  successors 
is  or  are  elected  or  appointed  and  qualified. 
Police  court. 

Sec.  229.  The  judicial  power  of  such  city,  or 
city  and  county,  shall  be  vested  in  a  "police 
court,"  to  be  held  therein  by  the  police  judges. 
The  police  court  shall  not  be  a  court  of  record. 
Said  court  shall  have  a  seal.  The  judges  of  said 
court  may  hold  as  many  sessions  of  said  court  at 
the  same  time  as  there  are  judges  thereof.  There 
shall  be  two  departments  of  said  court,  denomi- 
nated, respectively,  Department  One  and  Depart- 
ment Two.  The  court  may  sit  in  departments, 
and  shall  be  always  open  for  the  transaction  of 
business.  There  shall  be,  as  far  as  practicable,  an 
equal  distribution  of  cases  between  the  said  de- 
partments, which  cases  shall  be  alternately  set 
down  for  trial  to  each  department  in  the  order  in 
which  the  warrants  are  issued  or  proceedings 
brought  before  the  court.  Said  judges  shall,  as 
soon  as  may  be  after  the  commencement  of  the 
terms  of  their  office,  classify  themselves  by  lot 
for  assignment  to  said  departments,  and  shall  be 
thereby  assigned  accordingly. 
Power  and  jurisdiction  of  police  court. 

Sec.  230.    All  the  power  and  jurisdiction  of  said 
court  shall  be  enjoyed  and  may  be  exercised  in 


720  Municipal  Corporations. 

banlv,  or  in  either  department  thereof.  All  the 
powers  of  said  judges  may  be  exercised  by  either 
of  them. 

Same. 

See.  231.  The  police  court  of  such  city,  or  city 
and  county,  shall  have  jurisdiction: 

1.  Of  an  action  or  proceeding  for  the  violation 
of  any  ordinance  of  such  city,  or  city  and  county; 

2.  Of  proceedings  respecting  vagrants  and  dis- 
orderly persons. 

Same. 

See.  232.  The  police  court  shall  have  jurisdic- 
tion of  the  following  public  offenses  committed  in 
such  city,  or  city  and  county: 

1.  Petit  larceny;  receiving  stolen  property, 
when  the  amount  involved  does  not  exceed  fifty 
dollars; 

2.  Assault  and  battery,  not  charged  to  have 
been  committed  upon  a  public  oflBcer  in  the  dis- 
charge of  his  duties  or  with  intent  to  liill; 

3.  Breaches  of  the  peace,  riots,  affrays,  com- 
mitting willful  injury  to  property,  and  of  all  mis- 
demeanors punishable  by  a  fine  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  or  by  both  such  fine  and  imprison- 
ment; 

4.  Said  court  or  judges  shall  have  jurisdiction 
of  proceedings  for  security  to  keep  the  peace;  and 
also,  throughout  such  city  and  county,  the  samp 
powers  and  jurisdiction,  in  other  criminal  actions, 
cases,  prosecutions,  and  proceedings  as  are  now  or 
hereafter  may  be  conferred  by  law  upon  police  or 
justices'   courts. 

Power  to  hold  examinations. 

Sec.  283.  The  judges  of  said  court  shall  have 
power  to  hear  cases  for  examinations,  and  may 
commit  and  hold  the  offender  to  bail  for  trial  in 
the  superior  court,  and  may  try,  condemn,  or  ac- 
quit, and  carry  their  judgment  into  execution,  as 
the  case  may  require  according  to  law,  and  shall 
have  power  to  issue  warrants  of  arrests,  subpoe 
nas,  and  all  other  process  necessary  to  the  full 
and  proper  exercise  of  their  power  and  jurisdic 
tion. 
May  commit  to  home  of  inebriate. 

Sec.  234.  Said  court  or  judges  shall  also  have 
power  to  commit  to  the  home  for  the  care  of  the 


Municipal  Corporations.  727 

inebriate,  when  any  such  institute  may  be  estab- 
lished, any  person  who  may  be  convicted  before 
them  of  habitual  intemperance,  for  a  term  not  ex- 
ceeding six  months,  or  until  sooner  released  by 
order  of  the  police  judges,  or  by  the  board  of 
managers  of  such  institution  by  a  two-thirds  vote 
of  all  the  members  of  said  board. 
When  may  commit  to  industrial  school. 

Sec.  235.  The  said  court  or  judges  shall  have 
the  power  to  commit  all  offenders  duly  convicted, 
under  eighteen  years  of  age,  to  the  industrial 
school  of  said  city  and  county,  in  all  cases  where 
such  commitment  shall  by  said  court  or  judge  be 
deemed  to  be  more  suitable  than  the  punishment 
otherwise  provided  by  law,  not  to  exceed  six 
months.  If,  upon  any  trial,  it  shall  appear  that 
the  person  on  trial  is  under  fourteen  years  of  age, 
and  has  done  an  act  which  if  done  by  a  person  of 
full  age  would  warrant  a  conviction  of  the  crime 
of  misdemeanor  charged,  then  and  in  that  case 
said  court  or  judges  shall  have  power  to  commit 
such  child  to  the  industrial  school.  In  either  case 
said  court  or  judges  may  sentence  such  person 
to  be  confined  in  the  correctional  department  of 
said  industrial  school  for  any  term  not  exceed- 
ing six  months.  Upon  application  of  the  mayor, 
or  any  member  of  the  supervisors,  or  of  any  three 
citizens,  charging  that  any  child  under  eighteen 
years  of  age  lives  an  idle  or  dissolute  life,  and 
that  his  parents  are  dead,  or,  if  living,  do,  from 
drunlvenness  or  other  vices  or  causes,  neglect  to 
provide  any  suitable  employment,  or  exercise  sal- 
utary control  over  such  child,  the  said  court  or 
judges  shall  have  power  to  examine  the  matter, 
and  upon  being  satisfied  of  the  truth  of  such 
charges,  may  sentence  such  child  to  the  industrial 
school;  provided,  that  no  person  shall  be  so  sen- 
tenced for  a  longer  period  than  until  he  arrive  at 
the  age  of  eighteen  years. 
May  sentence  to  labor  on  public  works,  etc. 

Sec.  236.  In  cases  where,  for  any  offense,  the 
said  court  is  or  judges  are  authorized  to  impose 
a  fine,  or  imprisonment  in  the  county  jail,  or  both, 
it  or  they  may  instead  sentence  the  offender  to  be 
employed  at  labor  on  the  public  worlds,  or  in  the 
house  of  correction  or  work-house-   •'«  the  suner- 


728  Municipal  Corporations. 

visors  may  prescribe,  for  a  period  of  time  equal 
to  the  term  of  imprisonment  which  might  legally 
be  imposed,  and,  may,  in  case  a  fine  is  imposed, 
embrace  as  a  part  of  the  sentence  that  in  default 
of  payment  thereof  the  offender  shall  be  obliged 
to  labor  on  said  works,  at  said  house  of  correc- 
tion or  work-house,  or  elsewhere,  at  the  rate  of 
one  dollar  a  day,  till  the  fine  imposed  is  satisfied; 
provided,  that  no  person  under  the  age  of  twenty- 
one  years,  or  who  is  to  be  sentenced,  on  convic- 
tion for  drunkenness  or  breach  of  the  peace,  shall 
be  sentenced  to  labor  upon  the  public  works  away 
from  the  house  of  correction  or  work-house. 
Punishment  of  contempt. 

Sec.  237.  The  said  court  and  judges  may  pun- 
ish contempts  in  the  same  manner  and  to  the  same 
extent  as  superior  courts,  and  the  laws  concern- 
ing contempts  applicable  to  superior  courts  shall 
be  applicable  to  said  police  court  and  judges*. 
Record  to  be  kept  by  county  clerk. 

Sec.  238.  The  county  clerk  shall  keep  a  record 
of  the  proceedings  of  the  police  court,  issue  all 
process  ordered  by  said  court,  and  shall  render  to 
the  auditor,  monthly,  and  before  any  amount  can 
be  paid  to  him  on  account  of  his  salary,  an  exact 
and  detailed  account,  upon  oath,  of  all  fines  im- 
posed, and  all  bail  forfeited,  and  moneys  collect- 
ed, as  clerk  of  said  court,  since  his  last  account 
rendered.  He  shall  prepare  bonds,  justify  and  ac- 
cept bail,  when  the  amount  has  been  fixed  by  the 
police  judges,  in  cases  not  exceeding  one  thousand 
dollars,  and  he  shall  fix,  justify,  and  accept  bail 
after  arrest,  in  the  absence  of  the  police  judges, 
in  all  cases  not  amounting  to  a  felony,  in  the  same 
manner  and  with  the  like  effect  as  if  the  same 
had  been  fixed  by  the  police  judges  or  police  court. 
The  county  clerk  shall  appoint  three  deputy  clerks, 
who  shall  act  as  deputy  clerks  of  said  police  court. 
The  clerk  and  the  deputy  clerks  in  this  section 
mentioned  sliall  have  authority  to  administer  oaths 
and  affirmations,  and  take  and  certify  affidavits 
in  any  proceeding  in  said  police  court,  in  and  for 
said  city  and  county,  and  to  issue  subpoenas. 
Office  hours. 

Sec.  230.     The  police  judges     and  the     deputy 
clerks  shall  attend  at  the  court     rooms  of  said 


Municipal  Corporations.  729 

coiiL*«  for  the  dispatch  of  business  daily,  from  the 
hour  of  nine  o'clociv  A.  M.  until  five  o'clocli  P.  M.. 
and  during  such  other  reasonable  hours  as  may  be 
"ecessary  for  the  discharge  of  their  respective  (\u- 
*ieB,  except  on  legal  holidays. 
Payment  of  fines  by  clerk  into  treasury. 

Sec.  240.  The  county  clerk,  as  clerk  of  the  po- 
lice court,  shall  pay  to  the  treasurer  of  said  city 
and  county,  immediately,  all  fines  collected  and 
bfiil  forfeited,  accompanied  by  a  verified  written 
statement  showing  from  whom  each  fine  was  col- 
lected, when  collected,  in  what  case,  specifying 
th**  offense,  and  in  what  amount,  and  in  what  case 
and  by  whom  such  bail  was  forfeited.  He  shall, 
immediately  upon  the  forfeiting  of  any  bail  bond 
in  the  police  court,  transmit  to  the  district  attor- 
ney a  copy  of  such  bail  bond,  duly  certified  by  him 
under  the  seal  of  that  court  to  be  a  true  copy, 
stating  in  such  certificate  the  fact  of  such  forfeit- 
ure, and  the  date  thereof. 
Justice  of  the  peace  may  preside  in  police  court. 

Sec.  241.  Any  justice  of  the  peace  of  the  said 
city  and  county  who  may  be  designated,  in  writ- 
ing, by  the  mayor  for  the  purpose,  shall  have 
power  to  preside  in  and  hold  the  police  court  of 
said  city  and  county,  or  any  department  thereof, 
in  the  event  of  the  temporary  absence  of  the  po 
lice  judges,  or  either  of  them,  or  of  their  inabil- 
ity to  act  from  any  cause;  and  during  such  tem- 
porary absence  or  disability  the  justice  so  desig- 
nated shall  act  as  police  judge,  and  shall  have  and 
exercise  all  the  powers,  jurisdiction,  and  author- 
ity which  are  or  may  be  by  law  conferred  upon 
said  court  or  judges. 

Duty  of  assistant  district  attorney. 

Sec.  242.  It  shall  be  the  duty  of  the  assistant 
district  attoi-neys.  acting  in  the  police  court,  or 
either  and  each  of  them,  whenever  they  shall  have 
been  credibly  informed  that  any  person  criminal- 
ly injured  by  another  is  likely  to  die,  to  take  the 
dying  statement  of  such  person,  and  to  immedi- 
ately reduce  the  same  to  writing.  It  is  also  here- 
by made  the  duty  of  attending  physicians,  and 
others  knowing  of  such  cases,  to  report  the  same 
immediately  to  such  assistant  district  attorneys. 


730  Municipal  Corporations. 

Attorney  before  police  court. 

Sec.  243.  No  person  shall  be  permitted  to  act 
as  attorney  or  counsel  before  the  police  court  or 
the  police  judges,  unless  he  shall  be  an  attorney 
and  counselor  admitted  to  practice  in  the  supreme 
court  of  this  state. 
Bailiffs  for  court. 

Sec.  244.  The  chief  of  police  shall  desi,2;nate  two 
or  more  policemen,  who  shall  attend  constantly 
upon  the  police  court,  act  as  bailiffs  therein,  and 
execute  the  orders  and  process  of  said  court  and 
the  judges  thereof. 
Abolition  of  courts  and  transfer  of  records. 

Sec.  245.  The  police  judge's  court  and  the  police 
judge's  court  number  two  of  said  city  and  coun- 
ty, and  the  offices  of  the  judges  thereof,  shall  be 
abolished  at  twelve  o'clock  noon,  of  the  first  Mon- 
day after  the  first  day  of  January,  in  the  year 
eighteen  hundred  and  eighty-five,  and  at  that  time 
all  records,  registers,  dockets,  books,  papers,  ac- 
tions, warrants,  judgments,  and  proceedings  lodg- 
ed, deposited,  or  pending  before  the  said  last-men- 
tioned courts,  or  the  judges  thereof,  shall  be  by 
force  hereof  transferred  to  said  police  court,  which 
police  court  and  the  police  judges  herein  provided 
for  shall  have  the  same  power  and  jurisdiction 
over  them  as  if  they  had  been  in  the  first  instance 
lodged,  deposited,  or  commenced  in  said  police 
court,  or  before  the  judges  last  aforesaid;  but 
nothing  herein  contained  shall  affect  any  judg- 
ment rendered  or  proceeding  had  before  that  time 
in  said  police  judge's  court  or  said  police  judge's 
court  number  two,  or  before  the  judges  thereof,  or 
either  of  them. 
Interpreters. 

Sec.  240.  There  shall  be  appointed  by  the  judges 
of  the  superior  court  of  such  city  and  county  five 
competent  persons  deputies  to  act  as  interpreters 
and  translators  of  the  following  languages: 
French,  German,  Italian,  Spanish,  Portuguese, 
Chinese,  and  Selavonian.  The  said  deputies  shall 
each  receive  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  which  shall  be  paid  in 
the  same  manner  as  the  salaries  of  other  officers 
are  paid.  It  shall  be  the  duty  of  each  of  said 
deputies  to  attend   in  all  the  courts   in  and    for 


Municipal  Corporations.  731 

such  city  and  county,  when  required  by  any  of 
the  judges  thereof,  without  further  compensation 
than  the  salaries  above  provided. 


Article   VI.— Educational   Department. 

Boards  of  education. 

Sec.  247.  There  shall  be  a  board  of  education 
for  such  city,  or  city  and  county,  which  shall  be 
composed  of  twelve  school  directors,  elected  as 
provided  in  this  chapter,  who  ^hall  hold  office  for 
two  years,  and  until  their  successors  are  elected 
and  qualified.  They  shall  have  the  same  qualifi- 
cations as  to  eligibility  requisite  for  members  of 
the  board  of  aldermen.  Said  board  shall  organize 
immediately  after  the  election  and  qualification 
of  its  members,  by  electing  a  president  from 
among  the  directors  elected,  and  annually  thereaf- 
ter, and  shall  hold  meetings  monthly,  and  at  such 
times  as  the  board  shall  determine.  A  majority 
of  all  the  members  elected  shall  constitute  a  quor- 
um to  transact  business,  but  a  smaller  number 
may  adjourn  from  time  to  time.  The  board  may 
determine  the  rules  of  its  proceedings.  Its  ses- 
sions shall  be  public,  and  its  record  shall  be  open 
to  public  inspection. 
Superintendent  of  schools. 

Sec.  248.  There  shall  be  elected  by  the  quali- 
fied voters  of  such  city  and  county,  at  the  gen- 
eral state  election,  a  superintendent  of  schools, 
who  shall  take  office  on  the  first  Monday  after  the 
first  day  of  January  next  following  his  election, 
and  hold  office  for  the  term  of  four  years,  and  un- 
til his  successor  is  elected  and  qualified.  He  shall 
perform  such  duties  as  are  prescribed  by  law. 
Powers  of  board. 

Sec.   249.     The   board  of  education   shall  have 
power: 
Establish  districts. 

1.  To  establish  school  districts,  and  to  fix  and  al- 
ter the  boundaries  thereof. 

Maintain  schools. 

2.  To  maintain  public  schools  as  organized  at  the 
time  of  the  organization  of  such  city,  or  city  and 


7^2  Municipal  Corporations. 

county,  uudpr  this  act,  and  to  consolidate  and  dis- 
continue the  same  as  the  public  good  may  require. 
Establish  high-schools. 

3.  To  establish  high,  normal,  and  experimental 
schools  for  the  education  of  teachers. 

Employ  and  dismiss  teachers,  etc. 

4.  To  employ  and  pay  and  to  dismiss  teachers, 
janitors,  school-census  marshals,  and  such  mechan- 
ics and  laborers,  and  such  other  persons  as  may 
be  necessary  to  carry  into  effect  the  powers  and 
duties  of  the  board,  and,  unless  otherwise  provid- 
ed by  law,  to  fix,  alter,  and  allow  paid  their  salar- 
ies and  compensations,  and  to  withhold,  for  good 
and  sufficient  cause,  the  whole  or  any  part  of  the 
salary  or  wages  of  any  person  or  persons  em- 
ployed as  aforesaid. 

Make  and  establish  rules,  etc. 

5.  Also  to  make  and  establish  and  enforce  all 
necessary  and  proper  rules  and  regulations  for  the 
government  and  efficiency  of  the  schools,  teachers, 
and  pupils,  and  for  the  carrying  into  effect  of  the 
school  system;  and  to  establish  and  regulate,  and 
grade  the  schools,  the  course  of  studies  and  mode 
of  instruction  therein;  to  investigate  all  charges  of 
misconduct  on  the  part  of  teachers  and  other  em- 
ployees of  the  board;  to  administer  oaths  and  take 
testimony;  to  summon  and  enforce  the  attendance 
of  and  examine  witnesses  for  such  purpose  before 
the  board,  or  a  member  or  committee  thereof. 
Any  person  summoned  and  refusing  to  attend  and 
testify  shall  be  deemed  guilty  of  a  misdemeanor; 
and  any  person  testifying  falsely  shall  be  guilty 
of  perjury,  and  on  conviction  punished  according- 
ly. 

Provide  fuel,  stationery,  etc. 

6.  To  provide  for  the  school  department  of  such 
city,  or  city  and  county  fuel,  lights,  blanks, 
blank-books,  books,  printing,  and  stationery,  and 
such  other  articles,  materials,  or  supplies  as  may 
be  necessary  and  appropriate  for  use  in  the  schools, 
or  in  the  office  of  the  superintendent. 

Provide  school-houses. 

7.  To  build,  alter,  repair,  rent,  and  provide 
school-houses,  and  furnish  them  with  proper 
school  furniture,  apparatus,  and  appliances,  and 
to  insure  any  and  all  school  property,  and  to  use 


Municipal  Corporations.  733 

and  control  such  buildings  as  may  be  necessary 
for  the  uses  of  the  board  and  its  committees. 
To  purchase  school  lots. 

8.  To  receive,  purchase,  lease,  and  hold  in  fee 
in  trust  for  such  city,  or  city  and  county,  any  and 
all  real  estate  and  personal  property  that  may 
have  been  or  which  hereafter  may  be  acquired  for 
the  use  and  benefit  of  the  scliools  of  such  city,  or 
city  and  county. 

Grade  school  lots. 

9.  To  grade,  fence,  and  Improve  school  lots, 
and  in  front  thereof. 

To  sue  and  be  sued. 

10.  To  sue  for  any  and  all  lots,  lands,  and 
property  belonging  to  or  claimed  by  the  school 
department  of  such  city,  or  city  and  county,  and 
to  prosecute  and  defend  all  actions  at  law  or  in 
equity  necessary  to  recover  the  full  en.ioyniem 
and  possession  of  said  lots,  lands,  and  property, 
and  to  require  the  services  of  the  city,  or  city  and 
county,  attorney  in  all  such  suits  and  proceed- 
ings. 

To  superintend  disbursement  of  school  moneys. 

11.  To  establish  regulations  for  the  just  and 
equal  disbursement  of  all  moneys  belonging  to 
the  school  department,  or  to  the  public-school 
fund,  and  to  make  rules  and  regulations  to  secure 
economy  and  accountability  in  the  expenditure  of 
school  money. 

To  sell  certain  personal  property. 

12.  To  discharge  all  legal  incumbrances  exist- 
ing upon  any  school  property;  to  dispose  of  and 
sell  such  personal  property  used  in  the  schools  as 
shall  no  longer  be  required,  and  all  moneys  real- 
ized by  such  sales  shall  be  paid  into  the  city  treas- 
ury to  the  credit  of  the  public-school  fund. 

To  lease  lots,  etc. 

13.  To  lease,  for  the  benefit  of  the  public-school 
fund,  for  a  term  not  exceeding  five  years,  any  un- 
occupied property  of  the  school  department  not 
required  for  school  purposes;  to  prohibit  any  child 
under  six  years  of  age  from  attending  the  schools; 
and  generally  to  do  and  perform  such  other  acts 
as  may  be  necessary  and  proper  to  carry  into 
force  and  effect  the  powers  conferred  on  said  board. 

Gen.  Laws— 62 


734  Municipal  CoiiDorations. 

Who  may  administer  oaths. 

Sec.  250.  The  president  of  the  board  of  educa- 
tion, the  superintendent,  and  the  secretary  shall 
have  power  to  administer  oaths  or  affirmations 
concerning  any  demands  upon  the  treasury  pay- 
able out  of  the  public-school  fund,  or  other  mat- 
ters relating  to  their  official  duties  or  the  school 
department. 
Reports. 

Sec.  251.    It  shall  be  the  duty  of  each  director  to 
malie  quarterly  reports  to  the  board  of  the  condi- 
tion of  the  schools  in  their  respective  districts. 
Supplies,  how  furnished. 

Sec.  252.  It  shall  be  the  duty  of  the  board  of 
education  to  furnish  all  necessary  supplies  for  the 
public  schools.  All  supplies,  boolis,  stationery, 
fuel,  printing,  goods,  material,  building,  repairs, 
merchandise,  and  every  other  article  and  thing 
supplied  to  or  done  for  the  public  schools,  or  any 
of  them,  when  the  expenditure  to  be  incurred  is 
liliely  to  exceed  two  hundred  dollars,  shall  be  done 
by  contract,  let  to  the  lowest  responsible  bidder, 
after  advertisement  by  the  superintendent  ot 
schools;  and  the  contract  shall  be  entered  into  by 
the  superintendent  with  the  party  to  whom  the 
contract  is  awarded;  and  the  superintendent  shall 
take  care  that  such  contract  is  carried  out  in 
strict  accordance  with  the  terms  thereof. 
Bids  and  contracts,  how  made  and  awarded. 

Sec.  2-53.  All  bids  or  proposals  made  under  the 
preceding  section  shall  be  delivered  to  the  super- 
intendent of  schools,  and  said  board  shall,  in  open 
session,  open,  examine,  and  publicly  declare  the 
same,  and  award  the  contract  to  the  lowest  re- 
sponsible bidder;  provided,  said  board  may  reject 
any  and  all  bids,  should  they  deem  it  for  the  pub- 
lic good,  and  also  the  bid  of  any  party  who  may 
be  proved  delinquent  or  unfaithful  in  any  former 
contract  with  such  city  and  county,  or  said  board, 
and  cause  a  republication  of  the  notice  for  pro- 
posals as  above  specified.  Any  person  may  bid 
for  any  one  article. 
Not  to  be  interested  in  contract. 

Sec.  2.54.  Any  school  director,  officer,  or  other 
person  officially  connected  with  the  school  depart- 
ment, or  drawing  a  salary  from  the  board  of  edu- 


Municipal  Corporations.  735 

cation,  who  shall,  while  in  office,  or  so  connected, 
or  drawing  salary,  be  interested,  either  directly  or 
indirectly,  in,  or  who  shall  gain  any  benefit  or  ad- 
vantage from,  any  contract,  payments  under 
which  are  to  be  made  in  whole  or  part 
of  the  moneys  derived  from  the  school 
fund,  or  raised  by  taxation  or  otherwise 
for  the  public  schools,  shall  be  deemed 
guilty  of  felony,  and  on  conviction,  punished  ac- 
cordingly; and  this  provision  shall  not  be  con- 
strued to  relieve  such  persons  from  any  other  pen- 
alty, but  shall  be  deemed  cumulative  to  and  with 
other  penalties  and  disabilities  as  to  such  acts  and 
offenses. 
Annual  report. 

Sec.  255.  The  board  shall  make  and  transmit, 
between  the  fifteenth  day  of  January  and  the 
first  day  of  February  of  each  year,  to  the  state 
superintendent  of  public  instruction,  and  to  the 
mayor  and  municipal  council  of  such  city,  or  city 
and  county,  a  report,  in  writing,  stating  the  whole 
number  of  public  schools  within  the  jurisdiction, 
the  length  of  time  they  have  been  l^ept  open,  the 
number  of  pupils  taught  in  each  school,  the  whole 
amount  of  money  drawn  from  the  treasury  by  the 
department  during  the  year,  distinguishing  the 
amounts  drawn  from  the  general  fund  of  the  state 
from  all  other,  and  from  what  sources,  and  the 
manner  and  purpose  in  which  such  money  has 
been  expended,  with  particulars,  and  such  other 
information  as  may  be  required  from  them  by  the 
state  superintendent,  the  municipal  council,  or  the 
mayor. 
Evening  school. 

Sec.  256.  The  board  shall  provide  evening- 
schools,  to  be  held  in  the  public  school-houses,  for 
the  benefit  of  those  unable  to  attend  the  day- 
schools.  They  shall  malie  and  enforce  regulations 
requiring  the  teachers  to  keep  records  of  the 
names,  ages,  and  residences  of  all  pupils,  and  the 
names  and  residences  of  their  parents,  and  the  ag- 
gregate attendance  of  each  pupil  during  the  year, 
and  to  verify  and  report  the  same  on  the  thirty- 
first  day  of  December  to  the  board;  and  such  oth- 
er rules  and  regulations  for  the  purpose  of  ascer- 
taining the  attendance  and  efliciency  of  the  de- 
partment and  progress  of  education. 


730  Municipal  CJorporations. 

Superintendent  a  member  of  board. 

Sec.  257.    The  superintendent  of  schools  shall  be 
ex  officio  member  of  the  board  of  education,  with- 
out the  right  to  vote. 
Clerk. 

Sec.  258.  Said  superintendent  shall  appoint  a 
clerk,  subject  to  the  approval  of  the  board  of  edu- 
cation, who  shall  act  as  secretary  of  said  board. 
His  salary  shall  be  two  hundred  dollars  a  month. 
Said  clerk  may  be  removed  at  the  pleasure  of  the 
superintendent,  and  shall  perform  such  duties  as 
shall  be  required  of  him  by  the  board  or  the  su- 
perintendent. 
Report  of  superintendent. 

Sec.  259.  The  superintendent  shall  report  to  the 
board  annually,  on  or  before  the  first  day  of  Au- 
jiiist,  and  at  such  other  time  as  the  board  nniy  re- 
quire, all  matters  pertaining  to  the  expenditures, 
income,  condition,  and  progress  of  the  public 
schools  of  such  city,  or  city  and  county,  during 
the  preceding  fiscal  year,  with  such  recommenda- 
tions as  he  may  deem  proper.  He  shall  observe, 
and  cause  to  be  observed,  such  general  rules  for 
the  regulation,  government,  and  instruction  of  the 
schools,  not  inconsistent  with  the  laws  of  the 
state,  as  may  be  established  by  the  board.  He 
shall  attend  the  sessions  of  the  board,  and  inform 
himself,  at  each  session,  of  the  condition  of 
schools,  school-houses,  school  funds,  and  other 
matters  connected  therewith,  and  to  recommend 
such  measures  as  he  may  deem  necessary  for  the 
advancement  of  education  in  such  city,  or  citj' 
and  county.  He  shall  acquaint  himself  with  .all 
the  laws,  rules  and  regulations  governing  the 
public  schools  in  such  cit.v,  or  city  and  county, 
and  the  judicial  decisions  thereon,  and  give  advice 
on  subjects  connected  with  the  public  schools  gra- 
tuitously to  officers,  teachers,  pupils,  and  their 
j)n rents  nnd  guardians. 
Shall  visit  schools. 

Sec.  200.  The  superintendent  of  schools  shall 
visit  find  examine  the  schools,  and  see  that  they 
are  efficiently  conducted,  and  that  the  Inws  and 
regulations  of  the  board  are  enforced  in  all  things, 
and  that  no  religious  or  sectarian  books  or  teach- 
ings are  allowed     in  the  schools,     and  to  report 


Municipal  Corporations.  737 

monthly  to  the  board.    He  shall  also  report  to  the 
state  superintendent  at  such  times  as  such  officer 
shall  require. 
Vacancy,  how  filled. 

Sec.  261.     Any  vacancy  in  the  office  of  school 
director  shall  be  filled  for  the  remainder  of  the 
term  by  a  person  to  be  appointed  by  the  board  of 
aldermen. 
Vacancy  in  office  of  superintendent,  how  filled. 

Sec.  262.  In  case  of  a  vacancy  in  the  office  of 
superintendent,  the  board  of  aldermen  may  ap- 
point a  person  to  fill  the  vacancy  until  the  next 
regular  election,  when  the  office  shall  be  filled  by 
the  people. 
School  fund. 

Sec.  263.  The  school  fund  of  such  city,  or  city 
and  county,  shall  consist  of  all  moneys  received 
from  the  state  school  fund;  of  all  moneys  arising 
from  taxes  which  shall  be  levied  annually  by  the 
municipal  council  of  such  city,  or  city  and  county, 
for  school  purposes;  of  all  moneys  arising  from 
sale,  rent,  or  exchange  of  any  school  property,  and 
of  such  other  moneys  as  may,  from  any  source 
whatever,  be  paid  into  said  school  fund.  Said 
fund  shall  be  kept  in  the  city,  or  city  and  county, 
treasury,  separate  and  distinct  from  all  other 
moneys,  and  shall  only  be  used  for  school  pur- 
poses under  the  provisions  of  this  chapter.  No 
fees  or  commissions  shall  be  allowed  or  paid  for 
assessing,  collecting,  Iveeping,  or  disbursing  any 
school  moneys;  and  if  at  the  end  of  any  fiscjil  year 
any  surplus  remains  in  the  school  fund,  such  sur- 
plus money  shall  be  carried  forward  to  the  school 
fund  of  the  next  fiscal  year;  and  shall  not  be,  for 
any  purpose  whatever,  diverted  or  drawn  from 
said  fund,  except  under  the  provisions  of  this 
chapter. 
School  fund,  how  used. 

Sec.  264.  The  said  school  fund  shall  be  used  and 
applied  by  said  board  of  education  for  the  follow- 
ing purposes,  to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of 
teachers,  janitors,  school-census  marshals,  and 
other  persons  who  may  be  employed  by  said 
board; 

2.  For  the  erection,  alteration,  repair,  rent,  and 
furnishing  of  school-houses; 


788  Municipal  Corporations. 

3.  P'or  the  expenses  of  high,  normal,  and  ex- 
perimental schools; 

4.  For  the  purchase  money  or  rent  of  any  real 
or  personal  property  purchased  or  hired  by  the 
board; 

5.  For  the  insurance  of  all  school  property; 

7.  For  the  discharge  of  all  legal  incumbrances 
now  or  hereafter  existing  on  any  school  property; 

8.  For  lighting  school-rooms,  and  the  office  and 
rooms  of  the  superintendent  and  the  board  of  ed- 
ucation; 

9.  For  supplying  the  schools  with  fuel,  water, 
apparatus,  blanks,  blank-books,  and  necessary 
school  appliances,  together  with  books  for  indi- 
gent children; 

10.  For  supplying  books,  printing,  and  station- 
ery, for  the  use  of  the  superintendent  and  board  of 
education,  and  for  the  incidental  expenses  of  the 
board  and  department; 

11.  In  grading,  fencing,  and  improving  school 
lots. 

Claims,  how  allowed. 

Sec.  205.  All  claims  payable  out  of  the  school 
fund  (excepting  coupons  for  Interest  on  school 
bonds),  shall  be  filed  with  the  secretary  of  the 
board,  and  after  they  shall  have  been  approved 
by  a  majority  of  all  the  members  elect  of  the 
board,  upon  a  call  of  "yeas"  and  "nays"  (which 
shall  be  recorded),  they  shall  be  signed  by  the 
president  of  the  board  and  the  superintendent  of 
the  public  schools,  and  be  sent  to  the  city  and 
county  auditor.  Every  demand  shall  have  indors- 
ed upon  it  a  certificate  of  its  approval  by  the 
board,  showing  the  date  thereof,  and  the  law  au- 
thorizing it,  by  title,  date,  and  section.  All  de- 
mands for  teachers'  salaries  shall  be  payable 
monthly. 
Demands  on  school  funds. 

Sec.  260.  Demands  on  the  school  fund  may  be 
audited  and  approved  in  the  usual  manner,  al- 
thougli  tliore  sliall  not,  at  the  time,  be  money  in 
the  treasury  for  the  payment  of  the  same;  provid- 
ed, that  no  demand  on  said  fund  shall  be  paid  out 
of  or  become  a  charge  against  the  school  fund  of 
any  subsequent  fiscal  year;  and  further  provided, 
that  the  entire  expenditures  of  the  said  school  de- 
partment, for  all  purposes,  shall  not,  in  any  fiscal 


Municipal  Corporations.  739 

year,   exceed  the  revenues  tliereof  for  the  same 

year. 

Auditor  to  designate  fund. 

Sec.  267.  The  city,  or  city  and  county,  auditor 
shall  state,  by  indorsement  upon  any  claim  or  de- 
mand audited  on  the  school  fund,  the  particular 
money  or  fund  out  of  which  the  same  is  payable, 
and  that  it  is  payable  from  no  other  source. 
Audited  bills  receivable  for  taxes. 

Sec.  268.  Audited  bills  for  the  current  fiscal 
year  for  wages  or  salaries  of  the  teachers  in  the 
public  schools  shall  be  receivable  for  school  taxes 
due  upon  real  estate. 

All  demands  shall  be  audited  and  paid  in  the  us- 
ual manner. 

Sec.  269.  All  lawful  demands  authorized  by  this 
chapter  for  school  purposes  shall  be  audited  and 
approved  in  the  usual  manner,  and  the  auditor 
and  treasurer  of  such  city,  or  city  and  county,  are 
respectively  authorized  to  audit  and  pay  the  same, 
when  so  ordered  paid  and  approved  by  the  said 
board;  provided,  that  the  said  board  shall  not  have 
the  power  to  contract  any  debt  or  liability,  in  any 
form  whatsoever,  against  such  city,  or  city  and 
county,  in  contravention  of  this  chapter;  and  pro- 
vided further,  that  the  allowance  or  approval  by 
the  board  of  demands  not  authorized  by  this  chap- 
ter shall  be  no  warrant  or  authority  to  the  auditor 
or  treasurer  to  audit  or  pay  the  same. 
Board  of  education  to  mal^e  estimate. 

Sec.  270.  It  shall  be  the  duty  of  the  board  of 
education  of  such  city,  or  city  and  county,  on  or 
before  the  second  Monday  of  September  of  each 
year,  to  report  to  the  municipal  council  an  estimate 
of  the  amount  of  money  which  will  be  required 
during  the  year  for  the  purpose  of  meeting  the  cur- 
rent annual  expenses  of  public  instruction  in  such 
city,  or  city  and  county,  specifying  the  amount  re- 
quired for  supplies  furnished  pupils,  for  purchas- 
ing and  pi-ocuring  sites,  for  leasing  rooms  or  erect- 
ing buildings,  and  for  furnishing,  fitting  up,  alter- 
ing, enlarging,  and  repairing  buildings;  for 
the  support  of  schools  organized  since  the 
last  annual  apportionment  for  salary  of  teachers, 
janitors,      clerks,      and     other     employees,     and 


740  Municipal  Corporations. 

other  expenditures  authorized  by  law;  but 
the  aggregate  amount  so  reported  shall  not 
exceed  the  sum  of  thirty-five  dollars  for  each 
pupil  who  shall  liave  actually  attended  and  been 
taught  in  the  preceding  year  in  the  schools  entitled 
to  participate  in  the  apportionments.  The  number 
of  pupils  who  shall  be  considered  as  having  at- 
tended the  schools  during  any  one  year  shall  be  as- 
certained by  adding  together  the  number  of  days' 
attendance  of  all  the  pupils  in  the  common  schools 
during  the  year,  and  dividing  the  same  by  the 
number  of  school-days  in  the  year.  Said  munici- 
pal council  is  authorized  and  empowered  to  levy 
and  cause  to  be  collected,  at  the  time  and  in  the 
manner  of  levying  state  and  other  city,  or  city  and 
county,  taxes,  the  amount  of  tax,  not  to  exceed 
thirty-five  dollars  per  pupil,  determined  and  re- 
ported by  the  board  of  education.  The  amount  so 
levied  and  collected  shall  not  include  the  amount 
received  annually  from  poll-taxes. 
No  sectarian  school  shall  receive  school  money. 

Sec.  271.  No  school  shall  receive  any  portion*  of 
the  school  moneys  in  which  the  religious  doctrines 
or  tenets  of  any  particular  Christian  or  other  re- 
ligious sect  are  taught,  inculcated,  or  practiced,  or 
in  which  any  boolv  or  books  containing  composi- 
tions favorable  or  prejudicial  to  the  particular  doc- 
trines or  tenets  of  any  particular  Christian  or 
other  religious  sect  is  used;  nor  shall  any  such 
books  or  teachings  be  permitted  in  the  common 
schools. 

No  member  of  board  shall  disburse  school  money, 

or  accept  gift. 

Sec.  272.  No  member  of  the  board  of  education 
shall  ever  become  the  disbursing  agent  of  such 
board,  or  handle  or  pay  out  any  of  its  money  un- 
der or  upon  any  pretense  whatever.  Any  viola- 
tion of  tliis  provision  shall  be  a  misdemeanor,  and 
shall  subject  the  offender,  besides  the  punishment, 
to  removal  from  office.  Any  member  or  officer  of 
the  board  of  education  who  shall,  while  in  office, 
accept  any  donation  or  gratuity  in  money,  or  of 
any  valuable  thing,  either  directly  or  indirectly, 
from  any  teacher,  or  candidate,  or  applicant  for  a 
position  as  teacher,  upon  any  pretense  whatever, 
shall  be  deemed  guilty  of  a  misdemeanor  in  office. 


Municipal  Corporations.  741 

and  shall  be  ousted  by  the  board,  or  by  any  court 
of  competent  jurisdiction,  from  his  seat,  on  proof 
thereof.  Any  member  or  officer  of  the  board  of 
education  who  shall  accept  any  money,  or  valuable 
thing,  or  the  promise  thereof,  with  an  agreement 
or  understanding,  express  or  implied,  that  any 
person  shall,  in  consideration  thereof,  get  the  vote 
or  influence  of  such  member  or  officer  for  a  situ- 
ation as  a  teacher  or  employee  of  any  kind  in  the 
school  department,  shall  be  deemed  guilty  of  a 
felony,  and  on  conviction,  shall  be  punished  ac- 
cordingly. 


Article  VII.— Miscellaneous  Provisions. 

Laws  which  do  not  conflict  with  this  act  are  con- 
tinued in  force. 

Sec.  286.  All  the  existing  provisions  of  law  de- 
fining the  duties  of  county  officers,  excepting  those 
relating  to  supervisors  and  boards  of  supervisors, 
so  far  as  the  same  are  not  inconsistent  with,  re- 
pealed, or  altered  by  the  provisions  of  this  chap- 
ter, shall  be  considered  as  applicable  to  officers  of 
any  consolidated  cities  and  counties,  acting  or 
elected  under  this  chapter.  Provisions  shall  be 
made  from  the  revenues  of  any  city,  or  city  and 
county,  heretofore  existing  and  reorganized  under 
this  act,  for  the  payment  of  the  legal  indebtedness 
of  the  municipal  incorporation  to  which  such  reor- 
ganized city,  or  city  and  county,  shall  succeed,  or 
of  which  it  is  a  reorganization,  as  well  as  for  that 
of  such  city,  or  city  and  county,  after  its  organiza- 
tion, and  all  funding  acts  and  other  laws  providing 
for  the  payments  of  principal  and  interest  on  any 
funded  debt  of  such  former  corporation  shall  re- 
main in  force.  The  taxes  which  may  be  levied 
and  collected  in  such  city,  or  city  and  county,  shall 
be  uniform  throughout  the  same. 
Where  provisions  of  this  chapter  shall  apply. 

Sec.  287.  The  provisions  of  this  chapter  concern- 
ing the  following-named  officers,  to  wit,  sheriff, 
county  clerlv,  recorder,  coroner,  and  public  admin- 
istrator, shall  apply  only  to  consolidated  cities  and 
counties.  The  provisions  of  this  chapter  relating 
to  the  district  attorney  shall,  except  in  consolidated 


742  Municipal  Corporations. 

cities  and  counties,  be  deemed  to  apply  to  the  city 
attorney;  and  no  sheriff,  county  clerk,  recoiaer, 
district  attorney,  coroner,  or  public  administrator 
shall  be  elected  in  any  municipal  corporation  un- 
der the  provisions  of  this  chapter,  except  in  consol- 
idated cities  and  counties. 
Duty  of  municipal  council  in  the  levy  of  taxes. 

Sec.  288.  The  municipal  council  of  any  such  con- 
solidated city  and  county  shall  perform  such  du- 
ties in  and  about  the  levy  and  equalization  of  state 
and  county  taxes,  and  all  other  matters  and  things 
as  are  or  may  be  prescribed  by  law  for  boards  of 
supervisors  of  counties  in  lilie  cases,  and  not  incon- 
sistent with  the  provisions  of  this  chapter. 


CHAPTER  III. 

MUNICIPAL    CORPORATIONS   OF  THE    SEC- 
OND CLASS. 

(A  charter  for  cities  having  a  population  of  more 
than  30,000  and  not  exceeding  100,000.) 


Article  I.— General  Powers. 

Powers  of  municipal  corporations  of  the  second 

class. 

Sec.  300.  Every  municipal  corporation  of  the  sec- 
ond el.'iss  shall  )ie  entitled  the  city  of (naming 

it),  and  by  such  name  shall  have  perpetual  succes- 
sion, may  sue,  be  sued,  in  all  courts  and  places, 
and  in  all  proceedings  whatever,  shall  have  and  use 
a  common  seal,  alterable  at  the  pleasure  of  the 
city  authorities,  and  may  purchase,  lease,  receive, 
hold,  and  enjoy  real  and  personal  property,  and 
control  and  dispose  of  the  same  for  the  common 
benefit;  provided,  that  it  shall  purchase  without 
the  city  no  property  except  such  as  shall  be  deem- 
ed necessary  for  establishing  hospitals,  prisons, 
cemeteries,  and  industrial  schools. 


Municipal  Corporations.  743 


Article  II.— General  Provisions  Relating  to  Officers. 

Election,  when  held. 

Sec.  301.  The  municipal  election  shall  be  held 
on  the  second  Monday  of  March  of  each  even-num- 
bered year,  and  such  election  shall  be  subject  to 
all  the  provisions  of  the  law  regulating  elections 
for  state  officers,  except  as  otherwise  provided  in 
this  chapter.  At  such  election  there  shall  be  elect- 
ed, for  the  government  of  the  city  the  following 
officers:  Seven  councilmen,  who  shall  constitute 
a  board  to  be  known  as  the  city  council;  a  mayor, 
a  treasurer,  who  shall  be  ex  officio  clerk  of  the  city 
council;  a  city  attorney;  a  school  superintendent, 
anrl  a  street  superintendent,  who  shall  respectively 
hold  office  for  the  term  of  two  years;  and  until 
their  successors  are  elected  and  qualified.  One 
councilman  shall  be  elected  from  each  ward,  by 
the  vote  of  the  city  at  large,  and  shall  hold  office 
for  the  term  of  two  years,  and  until  his  successor 
Is  elected  and  qualified. 
Bonds. 

Sec.  302.  The  clerk  and  treasurer,  superintend- 
ent of  public  schools,  street  superintendent, 
and  all  other  officers  when  required  by  the 
city  council  by  ordinance,  shall  each,  before  enter- 
ing upon  his  official  duties,  and  within  ten  days 
after  receipt  of  his  certificate  of  election  or  ap- 
pointment, execute  a  bond,  in  such  sum  as  the 
council  may  direct,  payable  to  the  city;  which  bond 
shall  be  subject  to  the  law  concerning  the  official 
bonds  of  officers,  and  to  approval  by  the  mayor. 
And  the  council  may  at  any  time  require  an  ad- 
ditional amount,  or  new  sureties,  upon  any  bond 
which  it  may  deem  insufficient.  If  such  additional 
security  be  not  given,  the  council  upon  notification 
thereof  by  the  mayor,  may,  by  vote  of  two-thirds 
of  the  members,  declare  the  office  vacant. 
Fees,  etc.,  to  be  paid  into  treasury. 

Sec.  303.  All  fees,  percentages,  and  all  other 
moneys  received  or  collected  by  any  officer  of  the 
city,  shall  be  paid  by  such  officer,  at  the  end  of 


744  Municipal  Corporations. 

each  month,  into  the  city  treasury,  for  the  use  of 
the  city;  and  no  payment  shall  be  made  to  any 
officer  for  salary  until  he  shall  have  taken,  and 
filed  with  the  clerli,  an  affidavit  that  he  has  paid 
into  the  city  treasury  all  fees,  percentages,  and  all 
other  moneys  by  him  theretofore  received  or  col- 
lected. 

No  city  officer  shall  be  surety  on  bond  of  any  cor- 
porate officer. 

Sec.  304.  No  member  of  the  city  council,  or  of 
the  board  of  education,  nor  any  officer  of  the  city, 
shall  be  surety  upon  the  official  bond  of  any  cor- 
porate officer,  nor  shall  he  be,  directly  or  indirect- 
ly, interested  with  or  be  surety  for  any  person  who 
may  be  interested  in  any  franchise,  contract,  ap- 
propriation, worlv,  or  business,  or  in  the  sale 
of  anything  the  price  of  or  consideration  for 
which  is  paid  or  payable  by  the  city,  or  by  assess- 
ments levied  under  an  ordinance  of  the  council;  nor 
shall  any  contract  be  awarded  or  franchise  grant- 
ed to  any  person  who  may  be  surety  on  the  official 
bond  of  any  officer  of  the  city. 
Vacancy,  how  filled. 

Sec.  305.  If  any  officer  of  such  city,  or  member 
of  the  city  council,  or  board  of  education,  shall  re- 
move from  the  city,  or  absent  himself  therefrom 
for  more  than  thirty  days,  or  shall  fail  to  qualify 
by  taking  the  oath  of  office  as  prescribed  by  law,  or 
to  file  his  official  bond,  whenever  such  bond  is  re- 
quired, within  ten  days  from  the  time  his  election 
is  duly  ascertained  and  declared,  his  office  shall 
be  hereby  absolutely  vacated,  and  the  city  council 
shall  thereupon  fill  the  vacancy  upon  nomination 
by  the  mayor. 
Oath  of  office. 

Sec.  30G.  Every  officer  provided  for  in  this  chap- 
ter sliall,  before  entering  upon  the  duties  of  his 
office,  take  and  file  with  the  treasurer  the  constitu- 
tional oath  of  office;  provided,  that  the  oath  of  of- 
fice of  the  treasurer  shall  be  filed  with  the  mayor. 
Salaries. 

See.  307.  The  salaries  of  the  officers  of  such  city 
shall  be  as  follows:  Mayor,  one  thousand  dollars 
per  annum;  clerk  and  treasurer,  two  thousand  dol- 
lars per  annum;  assistant  to  the  clerk  and  treas- 


Municipal  Corporations.  745 

urer,  one  thousand  two  hundred  dollars  per  an- 
num: clerk  of  the  police  court,  one  thousand  two 
hundred  dollars  per  annum;  clerk  to  the  police 
court,  nine  hundred  dollars  per  annum;  city  attor- 
ney, two  thousand  dollars  per  annum;  street  super- 
intendent one  thousand  eight  hundred  dollars  per 
annum;  captain  of  police,  one  thousand  eight  hun- 
dred dollars  per  annum;  police  detective,  one  thou- 
sand five  hundred  dollars  per  annum;  school  super- 
intendent, two  thousand  dollars  per  annum;  assist- 
ant school  superintendent,  one  thousand  two  hun- 
dred dollars  per  annum;  policemen,  nine  hundred 
dollars  per  annum  each.  The  mayor  may  appoint 
a  clerk,  who  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum.  The  salaries  of  all  officers 
shall  be  paid  in  monthly  installments,  at  the  end 
of  each  and  every  month  of  service. 


Aivicle  III. — Legislative  Department. 

Time  of  meeting. 

See.  319.  The  city  council  shall  meet  on  the  first 
Monday  after  their  election,  and  at  such  other 
times  as  they  may  by  ordinance  appoint.  A  ma- 
jority of  the  council  shall  constitute  a  quorum  for 
the  transaction  of  business.  They  shall  determine 
the  rules  of  their  proceedings,  and  judge  of  the 
qualification  and  election  of  all  officers;  and  shall 
provide,  by  ordinance,  the  method  of  calling  special 
meetings  of  the  council.  Their  sittings  shall  be 
public.  A  journal  of  their  proceedings  shall  be  kept 
by  the  clerk,  under  their  direction;  and  the  ayes 
and  noes  shall  be  taken  and  entered  on  the  journal 
at  the  request  of  any  member.  They  shall  pre- 
scribe, by  ordinance,  the  duties  of  all  officers  whose 
duties  are  not  defined  in  this  act.  They  shall  have 
the  power  to  raise,  by  tax,  not  exceeding  one  per 
cent  for  all  purposes  (except  for  the  redemption  of 
bonds)  on  the  assessed  value  of  the  real  and  per- 
sonal property  within  the  limits  of  such  city, 
moneys  for  the  establishment  and  support  of  free 
common  schools,  and  to  provide  suitable  grounds 
Gen.  Laws — 63 


74G  Municipal  Corporations. 

and  buildings  therefor,  and  defraying  the  ordinary 
expenses  of  the  city,  as  well  as  for  paving,  planls- 
ing,  or  otherwise  improving  the  streets  of  the  city. 
They  shall  also  have  power  to  pass  all  proper  and 
necessary  ordinances  for  the  regulation  and  sale 
of  city  property,  and  to  give  deeds  therefor.  They 
shall  have  power  to  open,  alter,  establish,  grade,  or 
otherwise  improve  and  regulate,  streets,  alleys, 
and  lanes,  and  the  sidewalks  upon  the  same;  to 
construct  and  keep  in  repair  bridges,  so  as  not  to 
interfere  with  navigation,  fences,  public  places, 
wharves,  docks,  ferries,  piers,  slips,  sewers,  and 
wells,  and  to  make  assessments  therefor;  to  regu- 
late and  collect  tolls,  wharfage,  dockage,  and  cran- 
age, upon  all  water-craft,  and  all  goods  landed;  to 
make  regulations  for  securing  the  health,  cleanli- 
ness, ornament,  peace,  and  good  order  of  the  city; 
for  preventing  and  extinguishing  fires,  and  ap- 
pointing and  regulating  firemen,  policemen,  and 
such  other  officers  as  may  be  necessary  to  appoint; 
for  the  care  and  regulation  of  prisons  and  markets; 
for  licensing,  taxing,  and  regulating  all  such  vehi- 
cles, business,  and  employments  as  the  public  good 
may  require,  and  as  may  not  be  prohibited  by  law; 
to  levy  a  tax  license  upon  all  dogs,  or  otherwise 
prevent  the  same  from  running  at  large  in  the 
streets  and  public  grounds  of  the  city;  to  regulate 
and  suppress  all  occupations,  houses,  places, 
amusements,  and  exhibitions  which  are  against 
good  morals,  or  contrary  to  the  public  order  and 
decency;  for  the  regulation  and  location  of  slaugh- 
terhouses, markets,  stables,  and  gas-works,  and 
houses  for  the  storage  of  gunpowder  and  other 
combustible  materials,  and  limit  the  quantity  of 
combustible  or  explosive  materials  to  be  stored  in 
any  one  place;  for  prohibiting  or  suppressing  the 
erection  of  slaughter-houses,  or  the  slaughtering  of 
animals  within  the  limits  of  the  city,  or  for  pro- 
hibiting or  suppressing  the  erection  or  carrying  on 
of  any  soap  or  glue  factory,  tan-yard,  powder-mag- 
azine, or  other  nuisance  within  the  limits  of  the 
city;  and  to  declare  what  shall  constitute  a  nui- 
sance; and  to  make  and  enforce  within  its  limits 
all  such  local,  police,  sanitary,  and  other  regula- 
tions as  are  not  in  conflict  with  general  laws;  and 
provide   suitable   buildings   for  the   management. 


Municipal  Corporations.  747 

good  government,  and  general  welfare  of  the  city. 
They  shall  also  have  power  to  pass  such  ordinance 
or  ordinances  as  may  be  necessary  to  prevent  ani- 
mals from  running  at  large  within  the  limits  of  the 
city;  to  establish  a  pound,  and  appoint  a  pound- 
keeper,  and  prescribe  his  duties,  and  to  provide 
for  the  public  sale,  by  the  pound-keeper,  of  such 
animals  as  may  be  impounded,  in  the  same  way 
and  upon  like  notice  that  personal  property  is 
sold  by  execution  under  the  laws  of  this  state; 
provided,  that  the  owner  or  owners  of  such  prop- 
erty so  impounded  may  reclaim  the  same  at  any 
time  before  sale,  upon  payment  of  costs  and 
charges  of  taking  up  and  impounding;  and,  within 
thirty  days  after  the  sale,  upon  proof  of  owner- 
ship of  the  property  sold,  duly  made  before  the 
mayor,  and  upon  payment  of  the  costs  and  ex- 
penses of  impounding  and  selling,  and  upon  the 
payment  of  the  sum  of  one  dollar  to  the  mayor,  as 
a  fee  for  the  investigation  of  the  question  of  own- 
ership, and  for  his  certificate  to  that  effect,  such 
owner  or  owners  may  receive  the  purchase  money 
arising  from  such  sale  or  sales.  Penalties  for  the 
violation  of  any  and  all  ordinances  shall  be  by 
fine  not  exceeding  one  hundred  dollars,  and  in 
case  the  fine  be  not  paid,  then  the  person  or  per- 
sons may  be  imprisoned  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  in  lieu  of 
the  imprisonment,  or  any  part  of  it,  the  person  or 
persons  so  fined  shall  labor,  under  the  direction  of 
the  city  authorities,  either  upon  the  streets,  public 
grounds,  or  buildings,  or  in  such  other  places  as 
may  be  deemed  advisable  for  the  benefit  or  reve- 
nue of  said  city»  The  city  council,  upon  the  nomi- 
nation of  the  mayor,  shall  have  power  to  appoint 
suitable  persons  to  fill  vacancies  in  any  elective 
oflice,  except  that  of  mayor,  until  the  nfxt  regular 
municipal  election,  when,  if  the  term  be  unex- 
pired, an  election  shall  be  held  to  fill  such  vacancy 
for  the  unexpired  term  of  said  oflices.  The  mem- 
bers of  The  city  council  shall  receive  no  salary  for 
their  services.  They  shall  have  power  to  provide 
for  all  city  elections,  to  designate  the  place  or 
places  of  holding  the  same,  giving  at  least  ten 
days'  notice  thereof;  to  appoint  inspectors  and 
judges  of  election,  examine  the  returns,  and  de- 


748  Municipal  Corporations. 

Clare  the  result,  and  to  determine  contested  elec- 
tions. The  president  pro  tempore  of  the  board 
shall  discharge  the  duties  of  mayor  whenever 
there  shall  be  a  vacancy  in  the  office  of  mayor, 
or  when  the  mayor  shall  be  absent  from  the  city 
for  a  period  exceeding  five  days,  or  be  unable, 
from  sickness,  to  attend  to  the  duties  of  his  office. 
In  the  absence  of  the  clerk,  the  city  council  shall 
appoint  one  of  their  members  to  act  as  clerk  pro 
tempore;  they  shall  also  have  poAver  to  set  aside 
any  amount  of  money  belonging  to  the  city  which 
may  at  any  time  be  in  the  hands  of  the  treasurer, 
after  deducting  the  current  expenses  of  the  city, 
and  the  interest  due  upon  the  funded  debts  of  the 
city,  as  a  sinlving-fund  whereby  the  bonds  issued 
by  the  city  may  be  redeemed,  or  they  may,  at  any 
time  before  said  bonds  shall  become  due,  with 
any  surplus  money  which  may  belong  to  the  city, 
after  paying  said  expenses  and  interest,  redeem 
or  purchase  for  the  city,  and  in  its  name,  in  the 
manner  most  advantageous  to  the  city,  any  out- 
standing bonds,  which  bonds  or  claims,  when  so 
purchased,  shall  be  immediately  canceled;  pro- 
vided, this  right  shall  not  affect  the  rights  of  the 
holders  of  said  bonds,  or  in  any  way  prevent 
them  from  holding  the  same  until  said  bonds  be- 
come due  and  payable;  they  shall  also  have  the 
power  to  determine  the  width  of  sidewalks,  and 
the  material  and  manner  of  their  construction,  as 
well  as  the  grade  of  the  same;  they  shall  also 
have  the  power  to  establish  fire  districts,  and 
within  said  districts  to  prevent  the  erection  of 
wooden  buildings,  or  any  buildings  composed  of 
combustible  materials,  and  also  to  prevent  the 
further  repairing  of  wooden  buildings  within  the 
fire   limits  established. 

Further  powers. 

Sec.  820.    Said  council  shall  also  have  power: 
Construction  of  sinks,  etc. 

1.  To  regulate  the  construction  of  sinks,  gut- 
ters, wells,  cess-pools  and  privy-vaults,  and  to 
cotppel  tiio  clcnnsiiig  or  emptying  of  the  same,  and 
the  time  and  manner  in  which  the  work  shall  be 
done. 

Anchorage  of  vessels,  etc. 

2.  To  regulate  the  anchorage  of  vessels  within 


Municipal  Corporations.  749 

the  limits  of  the  city,  and  to  prevent  obstructions 
to  the  free  navigation  of  all     navigable     waters 
within  the  same. 
Pollution  of  water. 

3.  To  prevent  persons  from  throwing  into  any 
stream,  creek,  bay,  or  other  body  of  water  within 
the  limits  of  the  city,  from  vessels,  wharves,  or 
other  places  any  dirt,  ballast,  ashes,  garbage, 
dead  animals,  or  other  materials  that  may  ob- 
struct the  same  or  pollute  the  water  thereof. 
Open  streets. 

4.  To  open  streets  to  the  channel  of  any  navi- 
gable stream  or  creek  within  the  limits  of  the 
city,  and  to  deep  water  to  any  navigable  bay  or 
lake  within  the  same,  and  to  construct  and  main- 
tain public  wharves  at  the  ends  of  such  streets. 
Regulate  location  of  boilers,  etc. 

5.  To  regulate  the  location  of  steam-boilers,  the 
putting  up  of  signs  and  awnings,  and  the  con- 
struction of  entrances  to  basements  or  cellars 
from  the  sidewalks. 

License  hacks,  etc. 

6.  To  establish  hack-stands,  and  to  regulate  the 
rates  of  charges  of  hacks  and  other  licensed  ve- 
hicles, and  to  require  a  schedule  of  such  charges, 
printed  in  conspicuous  type  and  satisfactory  to 
the  council,  to  be  posted  in  a  conspicuous  place  in 
each  hack  or  other  licensed  vehicle;  provided, 
however,  that  the  standing  of  hacks  shall  not  be 
permitted  on  any  street  upon  which  railroads 
operated  by  steam  shall  be  used. 

To  compel  attendance  of  absent  members. 

7.  To  compel  the  attendance  of  absent  members 
of  said  council  at  any  of  the  meetings  thereof,  and 
to  cause  the  arrest  of  any  person  for  disorderly 
conduct  at  their  meetings. 

Regulate  speed  of  railway  engines. 

8.  To  regulate  the  speed  of  railway  engines  in 
the  city,  and  to  require  railroad  companies  to  sta- 
tion flagmen  at  street  crossings;  to  grant  fran- 
chises permitting  steam  railroads  upon  any  of  the 
streets  of  the  city;  provided,  that  the  same  shall 
only  be  granted  after  two  weeks*  notice,  pre- 
viously published  in  some  newspaper  published  in 
the  city,  and  by  ordinance  passed  by  the  vote  of 


750  Municipal  Corporations. 

two-thirds  of  the  members  elected  to  said  council, 
approved  by  the  mayor,  and  upon  the  previous 
petition,  in  writin.s:,  of  the  owners  of  two-thirds 
of  the  front  feet  of  the  lands  upon  the  portion  of 
the  street  to  be  so  used. 
Regulate  entrance  to  and  from  theaters,  etc. 

9.  To  regulate  the  means  of  entrance  to  and 
€xit  from  theaters,  lecture-rooms,  public  halls, 
and  churches,  and  to  prohibit  the  placing  of 
chairs,  stools,  benches,  or  other  obstructions  in 
the  aisles  of  such  building. 

Railway  companies  to  keep  certain  streets  in  re- 
pair. 

10.  To  require  railroad  companies  to  keep  the 
street  in  repair  between  the  tracks  and  along  and 
within  the  distance  of  two  feet  upon  each  side  of 

the  track  occupied  by  the  company. 
License  certain  property  and  business. 

Sec.  321.  They  shall  also  have  the  exclusive 
right,  in  the  manner  prescribed  by  ordinance,  of 
issuing  and  granting  licenses,  and  of  collecting 
tax  licenses  for  the  benefit  of  the  city,  upon  the 
following  business  and  property,  to  wit:  upon 
«ach  and  every  person  within  the  limits  of  the 
city  who  shall  vend  any  goods,  wares  or  merchan- 
dise, wines,  distilled  or  fermented  liquors,  drugs, 
medicines,  jewelry,  or  wares  of  precious  metals; 
upon  persons  who  keep  horses  or  carriages  for 
rent  or  liire;  upon  persons  keeping  billiard  tables 
for  hire,  bowling-alleys,  and  shooting-galleries; 
also  upon  all  taverns,  inn-keepers,  and  upon  all 
persons  who  may  sell  or  dispose  of  any  malt, 
spirituous  or  fermented  liquors  or  wines  in  less 
quantities  than  one  quart;  and  the  said 
licenses  shall  be  issued  quarterly  or  yearly; 
also  upon  any  person  within  the  limits 
of  the  city,  who  shall  keep  a  stallion, 
jack,  bull,  or  ram,  and  who  shall  permit  the 
same  to  be  used  for  the  purpose  of  propagation 
for  hire  or  profit,  which  license  shall  be  a  yearly 
license;  all  of  which  licenses,  when  granted  by 
sucli  city  and  duly  obtained  by  the  person  or  per- 
sons desiring  the  same,  shall  entitle  them  to  carry 
on  such  business,  trade,  or  profession  in  such  city. 


Municipal  Corporations.  ?5i 

Sales  and  leases  of  city  property. 

sec.  822.  All  sales  or  leases  of  property  belong- 
ing to  the  city  shall  be  by  public  auction  to  the 
highest  bidder,  and  upon  such  terms  and  condi- 
tions as  the  council  may  by  ordinance  direct;  and 
all  contracts  for  supplies,  of  any  kind,  for  more 
than  five  hundred  dollars,  shall  be  let  to  the  low- 
est responsible  bidder,  after  ten  days'  notice  given 
by  posting  the  same  in  three  of  the  most  public 
places  in  the  city,  or  by  publishing  the  same  in 
any  newspaper  printed  and  published  in  such  city. 
Licenses. 

Sec.  323.  Licenses  shall  be  discriminating  and 
proportionate  to  the  amount  of  business;  and  it 
shall  be  the  duty  of  the  council,  by  ordinance,  to 
classify  all  kinds  of  business  licensed  in  accord- 
ance herewith. 
Ordinances. 

Sec.  324.  The  enacting  clause  of  all  ordinances 
shall  be  as  follows:  "The  Mayor  and  council  of 
the  city  of  do  ordain  as  follows."  Every  or- 
dinance passed  by  the  city  council  shall  be  pre- 
sented to  the  mayor  for  his  approval;  if  he  ap- 
prove it  he  shall  sign  it:  if  not,  he  shall  return  it' 
at  the  first  meeting  of  the  council  held  after  five 
days  thereafter,  or  at  its  next  meeting;  when  the 
city  council  shall  reconsider  such  ordinance,  and 
if  the  same  be  approved  by  a  vote  of  two-thirds 
of  all  the  members  elected,  and  not  otherwise,  the 
same  shall  take  effect  and  stand  as  an  ordinance 
of  such  city.  All  ordinances  shall  be  published 
for  one  week  in  a  newspaper  printed  and  pub- 
lished in  such  city,  as  often  during  such  period  as 
such  newspaper  shall  be  published. 
Fixing  rate  of  taxation. 

Sec.  32.5.  The  council  shall,  upon  the  first  Mon- 
day of  October  in  each  year,  fix  the  rate  of  taxa- 
tion to  be  levied  upon  all  property,  both  real  and 
personal,  in  said  municipality  necessary  to  raise 
sufficient  revenue  to  carry  on  the  various  depart- 
ments of  the  city  government  for  the  then  ensuing 
year,  not  to  exceed  one  dollar  for  each  one  hun- 
dred dollars  upon  the  assessment  roll,  and  to  pay 
the  bonded  and  other  indebtedness  of  said  city. 
The  said  council  must,  upon  fixing  said  amount, 


752  Municiral  Corporations. 

transmit  a  statement  tliereof  to  the  county  audi- 
tor. Ttie  action  of  tlie  city  council  in  fixing  the 
rate  of  taxation  for  city  purposes  is  a  valid  levy 
of  the  rate  so  fixed  upon  all  property,  both  real 
and  personal,  in  tlie  snid  city,  and  borne  upon  the 
assessment  roll  of  said  county,  and  has  the  effect 
provided  in  sections  three  thousand  seven  hundred 
and  sixteen,  three  thousand  seven  hundred  and 
seventeen,  and  three  thousand  seven  hundred 
and  eighteen  of  the  Political  Code,  in  regard  to 
state  and  county  taxes.  The  county  auditor  shall 
thereupon  compute  and  enter,  in  a  separate  money 
column  in  the  assessment-bool^,  the  respective 
sums,  in  dollars  and  cents,  rejecting  the  fractions 
of  a  cent,  to  be  paid  as  a  tax  on  the  property 
therein  enumerated,  for  the  purposes  of  such  city 
government,  and  foot  up  the  column,  showing  the 
total  amount  of  such  taxes.  The  taxes  so  levied 
and  computed  shall  be  collected  at  the  same  time 
and  in  the  same  manner  as  state  and  county  taxes; 
and  when  collected,  shall  be  paid  into  the  county 
treasury  for  the  use  of  said  city;  provided,  that  any 
property  sold  for  such  taxes  shall  be  subject  to 
redemption  within  the  time  and  in  the  manner 
provided,  or  that  may  hereafter  be  provided,  by 
laM'.  for  tlie  redemption  of  property  sold  for  state 
or  county  taxes.  All  deeds  made  upon  any  sale 
of  property  for  taxes  or  special  assessments,  un- 
der the  provisions  of  this  chapter,  shall  have  the 
same  force  and  effect  in  evidence  as  is  or  may 
hereafter  be  provided  by  law  for  deeds  for  prop- 
erty sold  for  non-payment  of  state  or  county 
taxes.  The  county  treasurer  must,  at  any  time 
upon  tlie  demand  of  the  city  treasurer  and  mayor, 
settle  with  the  city  treasurer,  and  pay  over  to  him 
all  moneys  in  the  county  treasury  belonging  to 
such  city,  talking  the  receipt  of  the  mayor  and  city 
treasurer  therefor.  The  county  treasurer  shall  re- 
ceive, as  compensation  for  all  services  rendered 
under  this  section  as  tax  collector  and  treasurer, 
oiie-lliird  of  one  per  cent  of  all  moneys  collected 
and  ]Kii(l  over  to  the  city  treasurer,  but  not  to  ex- 
ceed in  all  one  thousand  dollars  per  annum.  'The 
county  treasurer  and  tax  collector  shall  be  liable 
on  his  official  bond  for  all  moneys  received  by  Inm 
imder  the  provisions  of  this  section. 


Municipal  Corporations.  753 

Vote  by  yeas  and  nays  in  certain  cases. 

Sec.  32f>.  In  all  matters  before  the  city  coun- 
cil concerning  the  granting:  of  franchises,  letting 
of  contracts,  auditing  of  bills,  ordering  of  work 
to  be  done  or  supplies  to  be  furnished,  or  what- 
ever may  involve  tlie  payment  of  money,  or  incur- 
ring of  debt  by  the  city,  the  vote  shall  be  by  yeas 
and  nays,  and  be  recorded  in  the  journal. 
Restriction  on  members. 

Sec.  827.  No  member  of  the  city  council  shall 
vote  in  the  council  upon  any  motion,  resolution, 
or  ordinance,  in  favor  of  any  franchise,  contract, 
bill,  award,  or  appropriation,  in  which  he  may 
have  any  pecuniary  interest,  present  or  prospec- 
tive. 
Debts. 

Sec.  328.  The  city  council  shall  not  create,  allow 
or  permit  to  accrue  any  debt  or  liability  in  excess 
of  the  available  money  in  the  treasury  that  may  be 
legally  apportioned  and  appropriated  for  such 
purposes;  nor  shall  any  warrant  be  drawn  or  evi- 
dence of  indebtedness  be  issued,  unless  there  be 
at  the  time  sufficient  money  in  the  treasury  legal- 
ly applicable  to  the  payment  of  the  same,  except 
as  hereinafter  provided. 
Debt,  how  incurred  and  paid. 

Sec.  329.  If,  at  any  time,  the  city  council  shall 
deem  it  necessary  to  incur  any  indebtedness  in  ex. 
cess  of  the  money  in  the  treasury  applicable  to  the 
purpose  for  which  such  indebtedness  is  to  be  in- 
cuiTed,  they  shall  give  notice  of  a  special  election 
by  the  qualified  electors  of  the  city,  to  be  held  to 
determine  whether  such  indebtedness  shall  be  in- 
curred.  Such  notice  shall  specify  the  amount  of 
indebtedness  proposed  to  be  incurred,  the  purpose 
or  purposes  of  the  same,  and  the  amount  of  money 
necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund,  as  hereinafter  provided. 
Such  notice  shall  be  published  for  at  least  three 
weeks  in  some  newspaper  published  in  such  city, 
as  often  during  said  period  as  said  newspaper 
shall  be  published;  and  no  other  question  or  mat- 
ter shall  be  submitted  to  the  electors  at  such  elec- 
tion. If,  upon  a  canvass  of  the  votes  cast  at  such 
election,  it  appear  that  not  less  than  two-thirds  of 


754  Municipal  Corporations. 

all  the  qualified  electors  voting  at  such  election 
shall  have  voted  in  favor  of  incurring  such  in- 
debtedness, it  shall  be  the  duty  of  the  city  council 
to  pass  an  ordinance  providing  for  the  mode  of 
creating  such  indebtedness,  and  of  paying  the 
same;  and  an  annual  tax  shall  be  levied  and  col- 
lected upon  all  the  real  and  personal  property  sub- 
ject to  taxation  within  such  city,  sufficient  to  pay 
the  interest  on  such  indebtedness  as  it  falls  due, 
and  also  to  constitute  a  sinliing  fund  for  the  pay 
ment  of  the  principal  thereof,  within  a  period  of 
not  more  than  twenty  years  from  the  time  of 
contracting  the  same.  It  shall  be  the  duty  of 
the  city  council,  in  each  year  thereafter,  at  the 
time  at  which  other  taxes  are  levied,  to  levy  a 
tax  sufficient  for  such  purpose,  in  addition  to  the 
taxes  by  this  chapter  authorized  to  be  levied.  Such 
tax,  when  collected,  shall  be  exclusively  appropri- 
ated to  the  payment  of  the  principal  and  interest 
of  such  indebtedness,  and  the  city  treasurer  shall 
be  liable  upon  his  official  bond  for  any  part  of 
said  fund  otherwise  used  or  appropriated. 
Separate  fund. 
Sec.  330.  It  shall  be  the  duty  of  the  city  council 
before  levying  the  annual  city  tax,  to  establish, 
by  ordinance,  separate  funds,  representing  the 
several  funded  obligations  of  the  city,  if  any,  and 
the  several  departments  requiring  municipal  ex- 
penditures, including  a  general  fund,  and  the  per- 
centage of  said  levy  shall  be  named  for  each  fund, 
and  the  whole  amount  of  taxes  and  revenues  of 
the  city  apportioned  accordingly,  and  no  transfer 
shall  be  made  except  of  balances  in  excess,  or 
from  the  general  fund  to  meet  deficiencies,  or  to 
provide  for  the  redemption  of  city  bonds. 
Bonded  indebtedness,  how  paid. 

Sec.  331.  Any  city  having  a  bonded  indebted- 
ness, contracted  under  laws  heretofore  passed, 
shall  levy  such  taxes  for  the  payment  of  such  in- 
debtedness, and  the  interest  thereon,  as  are  pro- 
vided for  in  such  laws,  in  addition  to  the  taxes 
herein  authorized  to  be  levied.  A-U  moneys  re- 
ceived from  licenses,  and  from  fines,  penalties, 
and  for  forfeitures,  shall  be  paid  into  the  general 
fund. 


Municipal  Coi*porations.  755 

Opening:?  new  streets. 

Sec.  332.  The  city  council  shall  have  power,  up- 
on the  payment  of  just  compensation,  to  lay  out 
and  open  new  streets,  lanes,  alleys,  courts,  and 
places  within  the  corporate  limits  of  the  city,  but 
shall  have  no  power  to  subject  the  city  to  any 
expense  therefor,  except  for  the  necessary  ex- 
pense of  surveying  and  mapping  out  the  same, 
and  when  said  streets  are  so  laid  out  and  opened, 
the  provisions  of  this  chapter  shall  be  applicable 
thereto. 
License  on  common  carriers. 

Sec.  338.  The  city  council  of  said  city  shall 
have  power  to  issue  and  collect  an  annual  tax  li- 
cense on  draymen,  cabmen,  omnibus  proprietors, 
expressmen,  and  other  common  carriers  doing  bus- 
iness in  the  city,  the  proceeds  of  said  licenses  to 
be  devoted  to  a  street-department  fund  for  keep- 
ing in  repair  the  sti'eets  in  the  city.  Said  annual 
license  not  to  be  more  than  twelve  dollars  nor  be 
less  than  eight  dollars  for  such  persons  so  li- 
censed. 
Widening  streets. 

Sec.  334.  The  city  council  is  empowered  to  open, 
extend,  and  widen  streets,  and  to  modify  the 
boundaries  thereof  within  its  corporate  limits,  and 
to  determine  the  property  benefited  thereby,  and 
to  assess  the  expenses  of  such  improvement  upon 
the  property  benefited,  as  hereinafter  provided. 
Proceedings,  how  commenced. 

Sec.  335.  All  proceedings  under  said  power  shall 
be  commenced  by  petition  of  five  or  more  residents 
and  freeholders  within  the  city,  signed  by  the  pe- 
titioners, addressed  to  the  city  council,  and  filed 
with  the  clerk  of  said  council.  Such  petition  shall 
contain: 

1.  The  names  of  the  petitioners,  and  a  state- 
ment that  each  of  the  petitioners  is  a  resident  and 
freeholder  within  the  city; 

2.  A  statement  that,  in  the  opinion  of  the  peti- 
tioners, the  public  interests  require  that  the  im- 
provement asked  for  (describing  it  generally) 
should  be  made; 

3.  A  request  that  the  council  proceed  to  order 
the  improvement  made. 


750  Municipal  Corporations. 

Duty  of  council. 

Sec.  336.  At  the  regular  meeting  next  after  the 
meeting  at  which  the  petition  is  presented  to  the 
council,  or  at  any  subsequent  meeting  to  which  tht 
proceedings  may  be  regularly  adjourned,  the  said 
council  may,  by  resolution  duly  passed,  determine 
the  lands  to  be  benefited  by  the  improvement  aslj- 
ed  for  lu  the  petition,  and  to  be  assessed  for  the 
expenses  thereof.  Said  resolution  shall  contain  a 
description  of  each  lot,  piece,  or  parcel  of  land 
necessary  to  be  taken  and  condemned  for  such 
improvement,  and  shall  also  specify  the  exterior 
boundaries  of  the  district  of  land  benefited  there- 
by, and  to  be  assessed  therefor,  and  shall  direct 
the  city  engineer  to  malce  a  survey  and  map  of 
the  lands  described  in  the  resolution,  a  copy  of 
which  resolution  shall  be  forthwith  transmitted 
by  the  clerk  of  said  council  to  the  said  city  engi- 
neer. 
Duty  of  city  engineer. 

Sec.  337.  It  shall  be  the  duty  of  the  city  engi- 
neer, immediately  upon  receiving  a  copy  of  the 
resolution  mentioned  in  section  four,  to  survey  the 
lands  described  in  said  resolution  and  make  a  map 
thereof,  and  to  return  said  map  to  said  council 
within  twenty  (20)  days  from  the  receipt  by  him 
of  said  copy  of  the  resolution;  said  map  shall  show 
each  piece,  tract,  or  parcel  of  land  necessary  to  be 
taken  and  condemned  for  said  improvement,  and 
also  the  exterior  boundaries  of  the  districts  to  be 
benefited  by  such  improvement  and  to  be  assess- 
ed on  account  of  the  cost  and  expenses  thereof,  as 
declared  in  the  resolution,  and  the  area  thereof, 
exclusive  of  public  streets  and  alleys.  Said  city 
engineer  shall  have  the  right  to  enter  upon  the 
lands  and  make  examinations  and  surveys  there- 
of, and  such  entry  shall  constitute  no  cause  of  ac- 
tion in  favor  of  the  owners  of  said  lands,  except 
for  injuries  resulting  from  negligence,  wanton- 
ness, or  malice. 
Preliminary  resolution. 

Sec.  338.  The  council,  at  its  regular  meeting 
next  after  the  return  of  the  map  by  the  city  en- 
gineer, shall  pass  a  preliminary  resolution,  declar- 
ing the  intention  of  the  corporation  to  make  the 
Improvement  asked  for  in  the  petition.    Said  reso- 


Municipal  Corporatious.  757 

lution  sliall  contain  a  description  of  eacli  piece, 
lot,  or  tract  of  land  necessary  and  sought  to  be 
taken,  and  condemned  for  the  improvement,  and 
also  the  exterior  boundaries  of  the  district  of 
lands  to  be  benefited  thereby,  and  assessed  for  the 
expenses  tliereof;  the  resolution  shall  also  specify 
a  time,  not  more  than  fifteen  (15)  days  from  tht 
passage  thereof,  for  the  hearing  by  said  council  of 
objections  to  the  proposed  improvement,  and  said 
resolution  shall  be  published  in  at  least  one  daily 
paper  printed  and  circulated  in  the  city,  daily 
(Sundays  and  non-judicial  days  excepted),  for  at 
least  ten  (10)  days  prior  to  the  time  fixed  for  said 
hearing. 
Objections. 

teec.  o^y.  If  a  majority  of  the  owners  of  the 
lands  in  area  to  be  assessed  for  the  expenses  of 
said  improvement  shall,  on  or  before  the  day  fix- 
ed by  said  resolution  for  the  hearing  of  objections, 
appear  and  protest  against  said  improvement,  the 
proceedings  shall  be  discontinued;  provided,  how- 
ever, that  such  protest  must  be  in  writing,  and 
shall  contain  a  description  of  the  land  claimed  by 
each  Protestant;  and  provided  further,  that  the 
council  may,  by  a  unanimous  vote  of  all  its  mem- 
bers, approved  by  the  mayor,  proceed  to  cause 
such  improvement  to  be  made,  notwithstanding 
such  protest. 
Final  resolution. 

Sec.  340.  If  the  owners  of  a  majority  in  the 
area  of  the  property  to  be  assessed  for  the  ex- 
penses of  said  improvement  fail  to  appear  and 
protest  as  provided  in  section  seven,  or  if  the 
council,  by  a  unanimous  vote,  approved  by  the 
mayor,  order  said  improvement  to  be  made,  said 
council  must  immediately  pass  a  final  resolution, 
declaring  such  determination.  Such  resolution 
shall  refer  to  the  said  preliminary  resolution,  by 
its  number,  for  a  description  of  the  lands  neces- 
sary and  sought  to  be  talien  and  condemned  for 
said  improvement,  and  the  district  to  be  assessed 
for  the  expenses  thereof. 
Commissioners  to  assess  damages. 

Sec.  341.    Immediately  after  the  passage  of  such 
final  resolution,  the  council  shall  apply  to  the  su- 
Gen.  Laws— 04 


758  Municipal  Corporations. 

perior  court  of  the  county  in  which  such  city  is 
situated,  either  in  term-time  or  vacation,  by  peti- 
tion, for  the  appointing  of  three  commissioners  to 
assess  the  compensation  which  shall  be  paid  to 
the  owners  thereof  for  the  lands  sought  to  be  tak 
en  for  such  improvement,  and  to  assess  upon  the 
property  within  the  district  to  be  benefited  thereby 
the  costs  of  such  improvement.  Said  petition 
shall  recite  all  the  proceedings  had  in  the  prem- 
ises, and  shall  specify  the  exterior  boundaries  of 
the  lands  sought  to  be  taken,  and  also  the  exterior 
boundaries  of  the  district  of  lands  to  be  benefited 
thereby,  and  assessed  for  the  expenses  thereof. 
A  copy  of  the  map  made  by  the  city  engineer  shall 
be  annexed  to  said  petition,  and  may  be  referred 
to  in  the  petition  for  a  description  of  the  lauds 
aforesaid. 
Duty  of  court. 

Sec.  342.  Upon  filing  such  petition,  such  court 
shall  pass  and  take  such  jurisdiction  of  such  pro- 
ceeding,  and  such  court,  or  a  judge  thereof,  shall, 
by  order,  fix  a  day  for  the  hearing  of  such  peti- 
tion, which  shall  not  be  less  than  ten,  nor  more 
than  twenty  days  from  the  date  of  such  order. 
Such  order  shall  further  direct  notice  of  the  time 
and  place  of  such  hearing  to  be  given  by  the  clerk 
by  publication  in  two  daily  newspapers  published 
in  such  city,  and  designated  in  such  order,  for  at 
least  a  period  of  ten  days  in  succession. 
Requisites  of  notice. 

Sec.  343.  Such  notice  shall  specify  the  exterior 
boundaries  of  the  lands  sought  to  be  taken  for 
such  improvement,  and  of  the  lands  declared  to  be 
profited  thereby  and  to  be  assessed  for  the  ex- 
penses thereof,  and  shall  further  state  that  the 
damages  to  which  the  owner  or  owners  of  the  land 
sought  to  be  taken  may  be  entitled  for  the  same 
will  be  inquired  into  and  determined,  and  thai 
such  damages,  together  with  the  cost  of  the  pro- 
ceedings for  the  acquiring  title  to  such  lands,  and 
making  apportionment  thereof,  will  be  apportion- 
ed and  assessed  upon  the  lands  to  be  benefited 
thereby,  by  commissioners  to  be  appointed  by  such 
court,  on  the  day  fixed  by  such  order  for  the  hear- 
ing.    Such  notice  shall  be  published  daily  for  at 


Municipal  Corporations.  759 

least  ten  dnys  (Sundays  and  non-judicial  days  ex 

cepted)  before  such  hearing. 

Hearing. 

Sec.  344.  At  the  time  fixed  for  the  hearing-,  or  at 
such  other  time  as  the  hearing  may  be  adjourned 
to,  the  court  shall  proceed  to  hear  any  person  inter- 
ested touching  the  regularity  of  the  proceedings, 
and  if  satisfied  that  the  proceedings  have  been  reg- 
ular, shall  appoint  three  competeni  and  disinter- 
ested commissioners.  The  court  may,  at  any 
time,  remove  any  or  all  such  commissioners  for 
cause,  upon  reasonable  notice  and  hearing,  and 
may  fill  the  vacancies  occurring  among  them  front 
any  cause.  Any  persons  interested  may  object  to 
the  appointment  of  any  person  as  commissioner. 
on  one  or  more  of  the  grounds  specified  in  section 
six  hundred  and  forty-one  of  the  Code  of  Civil 
Procedure,  as  grounds  for  the  objection  to  the  ap- 
pointment of  persons  as  referees. 
Duty  of  commissioners. 

Sec.  345.  Commissioners  shall  be  sworn  to 
faithfully  perform  their  duties  according  to  the 
provisions  of  this  chapter.  They  shall  then  pro> 
ceed  to  view  the  lands  mentioned  and  described 
in  such  resolution  and  petition,  and  may  examine 
witness  on  oath,  to  be  administered  by  any  one 
of  them,  and  shall  keep  minutes  of  the  testimony 
so  taken;  they  shall  ascertain  and  appraise  the 
value  of  the  property  sought  to  be  taken  for  the 
improvements,  and  of  all  improvements  thereon 
partaking  of  the  realty,  and  of  each  and  every  es- 
tate  therein;  if  it  consists  of  different  parcels*  the 
value  of  each  parcel  and  each  estate,  or  interest 
therein,  shall  be  separately  appraised;  if  this  prop- 
erty sought  to  be  taken  constitutes  only  a  part  of 
a  larger  parcel,  the  damages  which  will  accrue  to 
the  portion  not  sought  to  be  condemned  or  taken, 
by  reason  of  the  severance  from  the  portion  sought 
to  be  taken,  and  the  construction  of  the  improve- 
ment in  the  manner  proposed  shall  be  appraised  by 
said  commissioners;  they  shall  also  ascertain  and 
determine,  as  near  as  may  be,  the  entire  costs  of 
the  proceedings  for  the  opening,  extension,  or  im- 
provement aforesaid,  including  the  costs  of  court 


760  Municipal  Coi*p(>rations. 

and  of  commissioners;  they  shall  then  proceed  to 
apportion  and  assess  the  whole  amount  of  such 
costs  and  expenses,  value  of  property  sought  to  be 
taken,  and  damages  to  property  not  taken,  upon 
the  property  within  the  district  declared  hy  the 
resolution  of  the  council  to  be  benefited  by  said 
improvement,  and  shall  assess  each  tract,  lot. 
piece,  or  parcel  of  land  within  said  district  in  pro- 
portion to  the  benefits  received  by  it  from  said  im- 
provement. 
Report. 

Sec.  346.  The  said  commissioners,  withm  a 
time  to  be  fixed  by  the  court,  shall  make  a  report 
of  their  proceedings,  under  their  hands,  or  the 
hands  of  a  majority  of  them,  to  the  said  court,  in 
which  report  they  shall  describe,  with  common 
certainty,  the  several  parcels  of  land  sought  to  be 
taken  for  such  improvement,  and  the  names  ot 
the  owners  thereof,  respectively,  so  far  as  they 
can  be  ascertained,  designating  unknown  owners, 
if  any  such  there  be,  and  the  sum  of  money  which 
should  be  paid  to  each  of  said  owners,  as  his  or 
her  compensation  for  the  land  necessary  and 
sought  to  be  taken  and  condemned  for  such  im- 
provement.  or  of  his  or  her  estate,  therein;  and  in 
case  only  a  part  of  a  larger  parcel  has  been  taken 
for  such  improvement,  and  the  remaining  portion 
is  damaged  or  benefited  thereby,  they  shall  de- 
scribe such  remaining  portion,  and  specify  thm 
sum  to  be  paid  or  assessed  to  the  owner  thereof, 
or  such  damages  or  benefits  as  the  case  may  be; 
they  shall  also  describe,  with  common  certainty, 
the  several  parcels  of  land  within  the  district 
deemed  to  be  benefited  by  said  improvement,  and 
the  names  of  the  owners  thereof,  so  far  as  they 
can  be  ascertained,  designating  unknown  owners, 
if  such  there  be,  and  the  sum  of  money  which  is 
assessed  upon  each  particular  parcel,  and  which 
should  be  paid  by  the  owner  thereof. 
Objections. 

Sec.  347.  Upon  the  filing  of  such  report,  the  said 
court  shall,  by  order,  fix  a  day  for  hearing  objec- 
tions to  the  confirmation  thereof,  and  shall  direct 
notice  of  the  time  and  place  of  said  hearing  to  be 
given  by  the  clerk,  by  publication  in  a  daily  news- 


Municipal  CoiTporations.  761 

paper  piiblislied  in  said  city,  for  at  least  ten  days 
(Sundays  and  non-judicial  days  excepted),  prior  to 
said  day  of  hearing. 
Hearing  report. 

Sec.  3-18.  Upon  the  day  fixed  for  the  hearing, 
the  court  shall  proceed  to  hear  any  person  inter- 
ested upon  any  question  touching  the  regularity 
of  the  proceedings,  the  sufficiency  of  the  compen- 
sation awarded,  or  the  justice  or  equality  of  the 
assessment,  and  may  confirm  said  report  or  set 
the  same  aside,  or  remand  the  same  for  correc- 
tion or  alteration  in  any  particular.  If  the  re- 
port be  set  aside,  the  matter  may  in  like  manner 
be  referred  to  the  same  or  new  commissioners  ap 
pointed  by  the  court,  who  shall  proceed  as  herein, 
before  provided;  if  the  report  be  remanded,  it 
shall  be  corrected  or  altered  in  any  particular  re- 
quired by  the  court. 
Compensation  of  commissioners. 

Sec.  349.     The  commissioners  shall  be  entitled 
to  reasonable  compensation  for  their  services,  to 
be  certified  to  by  the  court,  and  taxed  as  part  oi 
the  expenses  of  the  proceeding. 
Judgment,  what  to  contain. 

Sec.  350.  Upon  confirmation  of  the  report  of  the 
commissioners,  judgment  shall  be  rendered  by 
the  court  thereon,  which  judgment  must  describe 
each  parcel  of  land  taken  for  such  improvement, 
and  the  amount  to  which  the  owner  is  entitled  as 
compensation  or  damages  for  the  taking  thereof, 
and  the  name  of  such  owner  or  owners,  if  known, 
and  in  case  only  a  portion  of  a  larger  parcel  is 
taken,  such  judgment  must  describe  such  remain- 
ing portion,  and  the  amount,  if  anything,  to  which 
the  owner  thereof  is  entitled  as  damages;  and 
must  also  describe  each  parcel  of  land  assessed 
for  the  expenses  of  such  improvement,  and  the 
amount  so  assessed  upon  each  parcel  respectively. 
Such  judgment  shall  direct  a  sale  of  each  parcel 
so  assessed,  or  so  much  thereof  as  may  be  neces- 
sary to  pay  the  amount  of  such  assessment  and 
expenses  of  sale,  and  the  application  of  the  pro- 
ceeds of  such  sale  to  the  payment  of  the  expenses 
if  such  sale,  and  the  amount  of  compensation  and 
(lamages  awarded  by  such  judgment.    Such  judg- 


762  Municipal  Corporations. 

ment  shall  he  a  lien   upon  the  property  against 
which  such  assessment  is  made,  and  may  be  en- 
forced by  a  sale  of  the  property  assessed,  as  here- 
inafter provided. 
Enforcement  of  judgment. 

Sec.  351.  Within  thirty  days  after  the  entry  of 
such  judgment,  the  persons  liable  must  pay  to 
the  clerk  of  the  court,  for  the  benefit  of  the  parties 
entitled  tlioreto,  the  several  amounts  specified  in 
such  judcment,  in  default  of  which  the  respective 
parcels  of  land  upon  which  such  assessments  have 
not  been  paid  shall  be  sold  by  the  sheriff  of  such 
county  under  a  certified  copy  of  such  judgment, 
and  in  the  manner  provided  by  law  for  the  sale 
of  property  upon  decree  of  foreclosure  of  mort- 
gage. 
Money,  to  whom  paid. 

Sec.  .-'>.~)2.     The  moneys  realized  from    such  sale 
shall  be  paid  by  the  officer  mailing  the  same,  to 
the  clerk  of  the  court,  for  the  benefit  of  the  par- 
ties entitled  thereto. 
Final  order. 

Sec.  353.  Whenever  the  aggregate  amount  of 
damages  or  compensation  awarded  by  such  judg- 
ment shall  have  been  paid  to  the  clerk,  either  by 
voluntary  payment  or  as  moneys  realized  from 
sales  under  such  judgment,  the  court  must  make 
and  enter  a  final  order  or  decree  of  condemnation 
of  the  lands  taken  for  such  improvement,  which 
order  or  decree  sliall  describe  the  properly  con- 
demned and  the  purpose  of  such  condemnation. 
When  title  vests. 

Sec.  354.  A  copy  of  such  order  or  decree  must 
be  filed  in  the  office  of  the  recorder  of  such  coun- 
ty, and  thereupon,  the  property  described  there- 
in shall  vest  in  such  city  for  the  uses  and  pur- 
poses therein  specified,  and  such  city  shall  be  en- 
titled to  and  may  take  immediate  possession  there- 
of. 
Payment  of  awards. 

Sec.  355.  Whenever  the  aggregate  amount  of 
damages  or  compensation  awarded  by  such  judg- 
ment shall  have  come  to  the  hands  of  the  clerk, 
he  shall,  upon  the  demand  of  any  person  entitles 


Municipal  Corporations.  763 

thereto,  pay  to  said  party  the  amount  awarded  to 
him  or  her  by  said  .iudgment. 
Where  more  tlian  one  claimant. 

Sec.  356.  If  there  is  more  than  one  claimant  to 
any  parcel  of  land  taken  for  such  improvement, 
or  if  tlie  OT^'uer  of  any  parcel  is  unknown,  the 
amount  awarded  as  damages  or  compensation  for 
the  taking  thereof  shall  remain  in  court  to  he 
awarded  to  the  true  owner  by  due  process  of  law. 
Appeal. 

Sec.  357.     Any  party  feeling  aggrieved  by  any 
proceedings,   orders,  or  judgments   of  such   court 
herein  provided  for  may  appeal  to  the  supreme 
court,  as  in  other  cases. 
Appointment  of  police. 

Sec.  358.  I'he  city  council  shall  not  have  power 
to  appoint  a  greater  number  of  policemen  thar 
shall  be  equal  to  one  for  every  one  thousand  of 
the  population  of  such  city.  No  policeman  or 
member  of  the  fire  department  shall  be  removed 
from  office  except  upon  the  order  and  direction  of 
the  mayor,  and  after  charges  in  writing  have  been 
made  against  him,  and  evidence  upon  the  same 
shall  have  been  heard  in  public  in  the  mode  and 
manner  to  be  prescribed  by  ordinance. 
Supply  of  gas  and  water. 

Sec.  359.  All  gas  and  water  pipes  laid  in  any 
paved,  macadamized,  or  graded  street  must  be  of 
sufficient  capacity  to  afford  a  free  supply  of  gas 
or  water  for  the  estimated  necessities  of  such 
street,  and  the  district  to  be  supplied  by  such 
pipes,  for  a  period  of  not  less  than  five  years  from 
the  time  of  laying  the  same;  which  estimate  of 
necessity  and  capacity  shall  be  made  by  the  city 
engineer,  and  approved  by  the  council.  It  shall  be 
the  duty  of  the  council,  by  ordinance,  to  prescribe 
regulations  for  the  laying  of  gas  and  water  pipes 
in  the  public  streets. 


Article  lY.— Executive  Department. 

Duty  of  mayor. 

Sec.  370.     The  mayor  shall  preside  at  all  meet- 
ings of  the  city  council,  but  the  council  shall  elect 


764  Municipal  Corporations. 

a  president  pro  tempore  to  preside  during  his  ab- 
sence. He  shall  communicate  to  the  council  semi- 
annually, or  oftener  if  necessary,  a  general  statt^ 
ment  of  the  situation  and  condition  of  the  city,  to- 
gether with  such  recommendations  relative  there- 
to as  he  may  deem  expedient.  He  shall  be  vigi- 
lant and  active  in  causing  the  ordinances  of  the 
city  to  be  executed  and  enforced.  He  shall  be  the 
head  of  police,  and  shall  exercise  a  supervision 
and  control  over  the  conduct  of  all  subordinate 
officers,  and  receive  and  examine  Into  all  com^ 
plaints  preferred  against  any  of  them  for  viola- 
tion or  neglect  of  duty,  and  certify  the  same  to 
the  council.  He  shall  sign  all  ordinances  and  con- 
tracts made  on  behalf  of  the  city,  and  counter 
sign  all  licenses  and  warrants  on  the  treasury. 
He  shall  keep  accounts  current  with  every  officei 
charged  with  the  receipt  or  disbursement  of  mon- 
ey, and  perform  all  the  duties  of  an  auditor.  He 
shall  perform  such  other  duties  as  may  be  pre 
scribed  by  law  or  ordinance. 
Allowance  of  demands. 

Sec.  371.  Every  demand  upon  the  treasury,  ex- 
cept for  the  salary  of  the  mayor,  must,  before  it 
can  be  paid,  be  presented  to  the  mayor,  to  be  al- 
lowed, who  shall  satisfy  himself  whether  the 
money  is  legally  due  and  remains  unpaid,  and 
whether  the  payment  thereof  from  the  treasury  ot 
the  city  is  authorized  by  law,  and  out  of  what 
fund.  If  he  allow  it,  he  shall  indorse  upon  it  the 
word  "allowed,"  with  the  name  of  the  fund  out 
of  which  it  is  payable,  with  the  date  of  such  al- 
lowance, and  sign  his  name  thereto;  but  the  al- 
lowance or  approval  of  the  mayor,  or  of  the  city 
council,  or  of  any  other  board  or  officer,  of  any 
demand  which  upon  tlie  face  of  it  appears  not  to 
have  been  expressly  made  by  law  payable  out  of 
the  treasury  or  fund  to  be  charged  therewith, 
shall  afford  no  warrant  to  the  treasurer  or  other 
disbursing  officer  for  paying  the  same.  The  de- 
mand of  the  mayor  for  his  salary  shall  be  audited 
and  allowed  by  the  president  pro  tempore  of  the 
city  council. 
Duty  of  chief  of  police. 

Sec.  372.    The  chief  of  police  shall  execute,  with- 
in the  city,  and  return  all  process  issued  and  di- 


Municipal  Corporations,  765 

r^cted  to  him  by  the  city  justices  or  either  of  them; 
arrest  all  persons  jiuilty  of  a  breacn  of  the  peace, 
or  of  a  violation  of  any  ordinance  of  the  council, 
and  take  them  before  the  proper  magistrate  within 
the  city;  and  do  and  perform  such  other  duties  as 
may  be  prescribed  by  ordinance  or  may  be  requir- 
ed by  the  mayor. 
Effect  of  records  of  street  superintendent. 

Sec.  373.  The  records  li:ept  by  the  street  super- 
intendent of  the  city,  and  signed  by  him,  shall 
have  the  same  force  and  effect  as  other  public 
records,  and  copies  therefrom,  duly  certified,  may 
be  used  in  evidence  with  the  same  effect  as  the 
originals.  The  said  records  shall,  during  all  oflice 
hours,  be  open  to  the  inspection  of  any  citizen 
wishing  to  examine  them,  free  of  charge. 
Oflice  of  street  superintendent. 

Sec.  374.  The  street  superintendent  shall  keep 
a  public  office  in  some  convenient  place  to  be 
designated  by  the  city  council,  and  such  records  as 
may  be  required  by  law.  He  shall  superintend  and 
direct  the  cleaning  of  all  the  sewers  ia  the  public 
streets,  and  the  expense  of  the  same  shall  be  paid 
out  of  the  street-department  fund,  and  perform  all 
duties  required  by  law  or  ordinance  of  such  city. 
Duty  of  street  superintendent. 

Sec.  875.  It  shall  be  the  duty  of  the  street  su- 
perintendent to  see  that  the  laws,  orders,  and 
regulations  relating  to  the  public  streets  and  high- 
ways are  fully  carried  into  execution,  and  that  the 
penalties  therefor  are  regularly  enforced.  He 
shall  keep  himself  informed  of  the  condition  of  a,ll 
public  streets  and  highways,  and  also  of  all  public 
buildings,  parks,  lots,  and  ground  of  the  city,  as 
may  be  prescribed  by  the  council;  and  should  he 
fail  to  see  the  laws,  orders,  and  regulations  rela- 
tive to  the  public  streets  and  highways  carried  in- 
to execution,  after  notice  from  any  citizen  of  a 
violation  thereof,  he  and  his  sureties  shall  be  lia- 
ble upon  his  official  bond  to  any  person  injured  in 
person  or  property  in  consequence  of  such  neglect. 
No  recourse  on  city  for  certain  damages. 

Sec.  376.  If,  in  consequence  of  any  graded  street 
or  public  highway,  improved  under  the  provisions 
of  this  chapter,  being  out  of  repair,  and  in  a  con- 


760  Mimicipal  Corporations. 

dition  to  endanger  persons  or  animals  passing 
therein,  any  person  while  carefully  using  such 
street  or  public  highway,  and  exercising  ordinary 
care  to  avoid  such  danger,  sufifer  damage  to  his 
person,  or  if  any  animals  or  other  property,  being 
lawfully  ridden,  driven,  or  conveyed  through  such 
street  or  public  highway,  be  injured,  lost,  or  de- 
stroyed throiiiih  any  such  defect  therein,  no  re- 
course for  damages  thus  suffered  shall  be  had 
against  the  city;  but  if  such  defect  in  such  street 
or  public  highway  shall  have  existed  for  a  period 
of  twenty-four  hours  or  more  after  notice  to  the 
street  superintendent,  then  the  street  superinten- 
dent, and  also  all  other  officers  through  whose 
official  negligence  such  defect  shall  have  remain- 
ed unrepaired,  shall  jointly  and  severally  be  liable 
to  the  party  injured  for  the  damages  so  sustained. 
City  engineer,  appointment  of,  and  duties. 

Sec.  377.  The  city  council  shall  have  power  to 
appoint  a  city  engineer,  and  by  ordinance  to  pre- 
scribe his  duties  and  fix  his  compensation,  not  to 
exceed  one  rlionsand  eight  hundred  dollars  per 
annum.  It  shall  be  the  duty  of  the  city  engineer 
to  do  the  surveying  and  other  work  necessary  to 
be  done  by  law  or  any  ordinance  of  said  city,  and 
to  survey,  measure,  and  estimate  the  work  dont 
and  to  be  done  under  contracts  for  grading 
streets;  and  every  certificate  of  work  done  by 
him,  signed  in  his  official  capacity,  shall  be  prima 
facie  evidence  in  all  the  courts  of  this  state  of 
the  truth  of  its  contents;  he  shall  also  keep  a 
record  of  all  surveys  made  by  him. 
Duties  of  treasurer. 

Sec.  378.  The  treasurer  shall  receive  and  pay 
out  all  moneys  belonging  to  the  city,  and  keep 
an  account  of  all  receipts  and  expenditures,  under 
such  regulations  as  may  be  prescribed  by  ordi- 
nance; he  shall  make  a  monthly  statement  to  the 
council  of  the  receipts  and  expenditures  of  the 
preceding  month,  and  in  his  capacity  as  city  clerk 
be  shall  keep  all  the  papers  and  documents  be- 
longing to  the  city,  attend  the  meetings  oi:  che 
council  and  keep  a  journal  of  their  proceedings, 
and  a  record  of  all  their  ordinances,  and  shall  do 
all  things  required  of  him  by  ordinances. 


MuDicipal  Corporations.  767 

Reports  of  officers. 

Sec.  379.  It  shall  be  the  duty  of  the  several 
elected  and  appointed  officers  of  said  city,  when- 
ever required  by  tlie  city  council,  to  make  reports 
to  the  said  council,  and  in  the  manner  required  of 
them,  and  in  their  reports  to  embody  all  the  mat- 
ters and  information  required  pertaining  to  tht 
duties  of  their  respective  offices. 
Other  necessary  affairs. 

Sec.  380.  The  city  council  may  provide  by  ordi- 
nance for  the  election  or  appointment  of  any  oth- 
er officer  or  officers  necessary  for  the  good  gov- 
ernment of  the  city,  and  the  proper  administration 
of  the  public  interest,  and  shall  prescribe  their 
duties  and  terms  of  office,  and  fix  their  compensa- 
tion. 


Article  V.— Judicial  Department. 

Police  court. 

Sec.  390.  The  judicial  power  of  the  city  shall  be 
vested  in  a  police  court,  to  be  held  therein  by  the 
city  justices,  or  one  of  them,  to  be  designated  by 
the  mayor,  but  either  of  said  city  justices  may 
hold  such  court  without  such  designation,  and  it 
Is  hereby  made  the  duty  of  such  city  justices,  in 
addition  to  the  duties  now  required  of  them  by 
law,  to  hold  said  police  court. 
Jurisdiction. 

Sec.  391.  The  police  court  shall  have  exclusive 
jurisdiction  of  the  following  public  offenses  com- 
mitted in  the  city: 

1.  Petit  larceny; 

2.  Assault  or  battery,  not  charged  to  have  been 
committed  upon  a  public  officer  in  the  discharge 
of  official  duty,  or  with  intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  affrays,  commit- 
ting willful  injury  to  property,  and  all  misdemean- 
ors punishable  by  fine  or  by  imprisonment,  or  by 
both  such  fine  and  imprisonment; 

4.  Of  proceedings  respecting  vagrants,  lewd  or 
disorderly  persons. 


TGS  Municipal  Corporations. 

Jurisdiction. 

Sec.  392.  Said  court  shall  also  have  exclusive 
jurisdiction  of  all  proceedings  for  violation  of  any 
ordinance  of  said  city,  both  civil  and  criminal, 
and  of  an  action  for  the  collection  of  any  license 
required  by  any  ordinance  of  said  city. 
Justices  inhibited  in  certain  cases. 

Sec.  393.  Neither  of  said  justices  shall  sit  in 
cases  in  which  he  is  a  party,  or  in  which  he  is  in- 
terested, or  where  he  is  related  to  either  party  by 
consanguinity  or  affinity  within  the  third  degree, 
and  in  case  of  the  sickness  or  inability  of  the  city 
justices,  either  of  them  may  call  in  ;i  justice  of 
the  peace  residing  in  the  county  to  act  in  his  place 
and  stead. 
Powers  of  justices. 

Sec.  394.  Each  of  the  city  justices,  while  acting 
as  judge  of  said  court,  shall  also  have  power  to 
hear  cases  for  examination,  and  may  commit  and 
hold  the  offender  to  bail  for  trial  in  the  proper 
court,  and  may  try,  condemn,  or  acqnif,  and  car- 
ry his  judgment  into  execution  as  the  case  may  re- 
quire, according  to  law,  and  punish  persons  guilty 
of  contempt  of  court;  and  shall  have  power  to 
issue  warrants  of  arrests  in  case  of  a  criminal 
prosecution  for  a  violation  of  a  c-ity  ordinance,  as 
well  as  in  case  of  the  violation  of  the  criminal 
law  of  the  state;  also  all  subpoenas,  and  all  other 
processes  necessary  to  the  full  and  proper  exer- 
cise of  his  powers  and  jurisdiction;  and  in  such  of 
the  cases  enumerated  in  this  section,  in  which 
trial  by  jury  is  not  secured  by  the  constitution  of 
the  state,  he  may  proceed  to  judgment  in  the  first 
instance  without  a  jury,  but  on  appeal  the  defend- 
ant shall  be  entitled  to  trial  by  jury  in  the  super- 
ior court. 
Clerk  of  court. 

Sec.  395.  The  police  court  shall  have  ?.  clerk,  to 
be  appointed  by  the  city  council,  upon  the  nomi- 
nation of  the  mayor,  who  shall  hold  office  during 
the  pleasure  of  the  council.  The  clerk  shall  keep 
a  record  of  the  proceedings  of  and  issue  all  pro 
cess  ordered  by  the  city  justices,  or  either  of  them, 
or  by  said  police  court,  and  receive  and  pay  week- 
ly into  the  city  treasury  all  fines  imposed  by  said 


Municipal  Corporations.  769 

court.  He  shall  also  each  month  render  to  the 
mayor  (as  auditor)  an  exact  and  detailed  account, 
upon  oath,  of  all  fines  imposed  and  collected,  ancJ 
all  fines  imposed  and  uncollected,  since  his  last 
report.  He  shall  prepare  bonds,  justify  bail,  when 
the  amount  has  been  fixed  by  either  of  the  city 
justices  or  said  court,  in  cases  not  exceeding  one 
hundred  dollars,  and  may  administer  oaths.  The^ 
clerk  shall  remain  at  the  court-room  of  said  court 
during  business  hours,  and  during  such  reasonable 
times  thereafter  as  may  be  nec'essary  for  discharg- 
ing his  duty.  Before  receiving  his  salary,  each  or 
any  month,  he  shall  make  and  file  with  the  audi- 
tor an  affidavit  that  he  has  deposited  with  the 
city  treasurer  all  moneys  that  have  come  to  hia 
hands  belonging  to  the  city.  Any  violation  of  this 
provision  shall  be  a  misdemeanor.  He  shall  give 
a  bond  in  the  sum  of  five  thousand  dollars,  with 
at  least  two  sureties  to  be  approved  by  the  mayor, 
conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office. 
Disposition  of  moneys. 

Sec.  39G.  All  fines  and  other  moneys  collected 
on  behalf  of  the  city  in  the  police  court  shall  be 
paid  into  the  city  treasury  on  the  first  Tuesday  of 
each  month;  and  all  bills  for  fees  and  costs  due 
the  officers  of  said  court  shall  be  reported  to  th^ 
city  council  each  month. 
Dockets. 

Sec.  397.  The  city  council  shall  furnish  a  suit- 
able room  for  the  holding  of  said  court,  and  shall 
also  furnish  the  necessary  dockets  and  blanks.  One 
docket  shall  be  styled  "The  city  criminal  docket," 
in  which  all  the  criminal  business  shall  be  record- 
ed, and  each  case  shall  be  alphabetically  indexed: 
another  docket  shall  be  styled  "The  city  civil  dock- 
et," and  it  shall  contain  each  and  every  civil  case 
in  which  the  city  is  a  party,  or  which  is  prosecut- 
ed or  defended  for  her  interest,  and  each  case 
shall  be  properly  indexed.  A  third  docket  shall 
contain  all  the  other  business  appertaining  to  the 
office  of  said  city  justice,  and  in  all  cases  the 
docket  shall  contain  all  such  entries  as  are  re- 
quired by  law  to  be  made  in  justices'  dockets; 
and  in  any  case  tried  before  the  court,  the  docket 
Gen  Laws— (35 


770  Municipal  Coi*porations. 

must  show  what  duties  were  performed  by  any 
officer  of  the  court,  and  the  amount  of  the  fees 
due  to  the  ofhcer  for  such  services,     and     what 
amount  of  money,  if  any,  collected. 
Court,  when  open. 

Sec.  398.    The  police  court  shall  be  always  open, 
except  upon  non-judicial  days,  and  then  for  such 
purposes  only  as  by  law  permitted  or  required  of 
other  courts  of  this  state. 
Appeals. 

Sec.  399.  Appeals  may  be  taken  from  any  judg- 
ment of  said  police  court,  to  the  superior  court  of 
the  county  in  which  such  city  may  be  situated,  in 
the  same  manner  in  which  appeals  are  taken  from 
justices'  courts  in  like  cases. 
Place  of  imprisonment. 

See.  400.  In  all  cases  of  imprisonment  of  per- 
sons convicted  in  said  police  court  of  any  offense 
committed  in  the  city,  the  persons  so  to  be  im- 
prisoned, or  by  ordinance  required  to  labor,  sh.all 
be  Imprisoned  in  the  city  jail,  or  if  required  to  la- 
bor, shall  labor  in  the  city. 
Seal. 

Sec.  401.    Said  court  shall  have  a  seal,  to  be  fur- 
nished by  the  city. 
Monthly  report. 

Sec.  402.  The  city  justices  shall,  on  the  first 
Tuesday  of  each  month,  make  to  the  city  council 
a  full  and  complete  report  of  all  the  cases,  civil 
and  criminal,  in  which  the  city  has  an  interest,  or 
which  are  required  to  be  entered  in  the  city  civil 
docket,  or  the  city  criminal  docket;  such  report  to 
be  made  upon  blanks  to  be  furnished  by  the  city 
council,  and  in  such  form  as  they  may  require. 
Transcripts  and  warrants. 

Sec.  403.  Certified  transcripts  of  the  dockets, 
made  by  the  clerk  of  said  court,  under  the  seal  of 
said  court,  shall  be  evidence  in  any  court  of  this 
state  of  the  contents  of  said  docket;  and  all  war- 
rants and  other  process  issued  out  of  said  court, 
and  all  acts  done  by  said  court,  and  certified  un- 
der its  seal,  shall  have  the  same  force  and  valid- 
ity in  any  part  of  tliis  state  as  though  issued  or 
done  by  any  court  of  record  of  this  state. 


Municipal  Corporations.  771 


Article  V'l.— Educational  Department. 

Board  of  education. 

Sec.  410.  The  srovernment  of  the  school  depart- 
ment of  the  city  shall  be  vested  in  a  board  of  ed- 
ucation, to  consist  of  seven  members,  to  be  called 
school  directors.  One  school  director  shall  be  elect- 
ed from  each  ward  at  the  regular  municipal  elec- 
tion, by  the  vote  of  the  city  at  large,  and  shall  hold 
office  for  the  term  of  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified;  provided,  that  the 
first  board  of  education  elected  under  the  provis- 
ions of  this  chapter  shall,  at  their  first  meeting, 
so  classify  themselves  by  lot  as  that  three  of  their 
number  shall  go  out  of  office  at  the  expiration  of 
two  years,  and  four  at  the  expiration  of  four 
years. 
Organization. 

Sec.  411.  The  board  of  education  shall  meet  on 
the  first  Monday  after  their  election,  and  elect 
one  of  their  number  president,  and  shall  hold 
meetings  at  least  once  in  each  montli  thereafter 
at  such  times  as  shall  be  determined  by  a  rule  of 
said  board.  A  majority  of  all  the  members  elect- 
ed shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  smaller  number  may  adjourn  from 
time  to  time.  The  board  may  determine  the  rules 
of  its  proceedings.  Its  sessions  shall  be  public, 
and  its  records  shall  be  open  to  public  inspection. 
The  board  shall  also  have  power  to  fill  all  vacan- 
cies occurring  in  the  board  until  the  next  regular 
municipal  election. 
Power  of  board. 

Sec.  412.  The  board  of  education  shall  have  sole 
power: 

1.  To  establish  and  maintain  public  school.%  and 
to  establish  school  districts,  and  to  fix  and  alter 
the  boundaries  thereof. 

Employees. 

2.  To  employ  and  dismiss  teachers,  janitors, 
and  school-census  marshals,  and  to  fix,  alter,  al- 
low and  order  paid  their  salaries  or  compeufcxtion, 


772  Municipal  Corporations. 

and  to  employ  and  pay  such  mechanics  and  labor- 
ers as  may  be  necessary  to  carry  into  effect  the 
powers  and  duties  of  the  board,  and  to  withhold, 
for  good  and  sufficient  cause,  the  whole  oi  any 
part  of  the  salary  or  wages  of  any  person  oi  pet- 
sons  employed  as  aforesaid. 
Regulation  of  schools. 

3.  To  make,  establish,  and  enforce  all  neces- 
sary and  proper  rules  and  regulations,  not  con- 
trary to  law,  for  the  government  and  pro.gress  of 
public  schools  within  the  city,  the  teachers  there- 
of, and  the  pupils  therein,  and  for  carrying  into 
effect  the  laws  relating  to  education;  also  to  es- 
tablish and  regulate  the  grade  of  schools,  and  de- 
termine what  text-books,  courses  of  study,  and 
mode  of  instructions  shall  be  used  in  said  scliools. 
Supplies. 

4.  To  provide  for  the  school  department  of  the 
city  fuel  and  lights,  water,  blanks,  blank-books, 
printing  and  stationery,  and  to  incur  such  other 
incidental  expenses  as  may  be  deemed  necessary 
by  said  board. 

Building  and  repairs. 

5.  To  build,  alter,  repair,  rent,  and  provide 
school-houses,  and  furnish  them  with  proper 
school  furniture,  apparatus,  and  appliances,  and 
to  insure  any  and  all  such  school  property. 

To  hold  property  in  trust. 

6.  To  receive,  purchase,  lease,  and  hold  iu  fee, 
in  trust  for  the  city,  any  and  all  real  estate,  and 
to  hold  in  trust  any  personal  property  that  may 
have  been  acquired,  or  may  hereafter  be  acquired, 
for  the  use  and  benefit  of  the  public  schools  of 
the  city;  provided,  that  no  real  estate  sliall  be 
bought,  sold,  or  exchanged,  or  expenditures  incur- 
red for  the  construction  of  new  school-houses 
without  the  consent  of  four  members  of  the  board 
of  education  and  four  members  of  the  city  council; 
and  provided  further,  that  the  proceeds  of  any 
such  sale  or  exchange  of  real  estate  shall  be  ex- 
clusively applied  to  the  purchase  of  other  lots,  or 
the  erection  of  school-houses;  and  the  city  council 
of  the  city  is  hereby  authorized  and  required  to 
make  over  to  said  board  of  education,  upon  appli- 


Municipal  Coi-porations.  773 

cation  in  writing  by  said  board,  through  its  presi- 
deut  and  secretary,  by  good  and  suihcient  deeds 
of  conveyance,  all  property,  both  real  and  per- 
sonal, no-\v  held  by  said  city  council  in  trust  for 
the  city  for  the  use  and  benefit  of  the  public 
schools;  and  the  said  board  is  hereby  authorized 
to  defray  all  expenses  attending  the  same. 
To  improve  property. 

7.  To  grade,  fence,  and  improve  all  school  lots, 
and  in  front  thereof  to  grade,  sewer,  planli,  or  pave 
and  repair  streets,  and  to  construct  and  repair 
sidewalks. 

To  sue  and  defend. 

8.  To  sue  for  any  and  all  lots,  land  and  prop- 
erty belonging  to  or  claimed  by  the  said  school 
department,  and  to  prosecute  and  defend  all  ac- 
tions at  law  or  in  equity  necessary  to  recover 
and  maintain  the  full  enjoyment  and  possession  of 
said  lots,  lands,  and  property. 

To  estimate  money  needed. 

9.  To  determine  annually  the  amount  of  money 
required  for  the  support  of  the  public  schools,  and 
for  carrying  into  effect  all  the  provisions  of  law 
in  reference  thereto;  and  in  pursuance  of  this  pro- 
vision the  board  shall,  on  or  before  the  first  Mon- 
day in  February  of  each  year,  submit  in  writing 
to  the  city  council  a  careful  estimate  of  the  whole 
amount  of  money  to  be  received  from  the  state 
and  county,  and  the  amount  required  from  the  city 
for  the  above  purposes,  and  the  amount  so  found 
to  be  required  from  the  city  shall,  by  the  city 
council,  be  added  to  the  other  amounts  to  be  as- 
sessed and  collected  for  city  purposes;  provided, 
that  the  amount  to  be  thus  assessed  for  school  pur- 
poses shall  not  exceed  thirty  cents  on  each  one 
hundred  dollars  valuation  upon  the  assessment 
roll,  but  may  be  increased  to  forty  cents  by  con- 
sent of  two  thirds  of  the  city  council,  and  that 
when  collected  it  shall  be  immediately  paid  into 
the  school  fund,  to  be  drawn  out  only  upon  the 
order  of  the  board  of  education. 
Disbursements. 

10.  To  establish  regulations  for  the  just  and 
equal  disbursement  of  all  moneys  belonging  to 
the  public  school  fund. 


774  Municipal   Corporations. 

Demands. 

11.  To  examine  and  allow,  in  whole  and  in  part, 
every  demand  payable  out  of  the  school  fund,  or 
to  reject  any  such  demands  for  good  cause. 

Incumbrances. 

12.  To  discharge  all  legal  incumbrances  now 
existing,  or  which  may  hereafter  exist,  upon  any 
school  property. 

Age  limit. 

13.  To  prohibit  any  child  under  six  years  of  age 
from  attending  the  public  schools. 

Other  acts. 

14.  And  generally  to  do  and  perform  such  other 
acts  as  may  be  necessary  and  proper  to  carry  into 
force  and  effect  the  powers  conferred  on  said 
board,  and  to  increase  the  efficiency  of  the  public 
schools  in  said  city. 

Oaths  on  demands. 

Sec.  413.  The  president  of  the  board  of  edu- 
cation shall  have  power  to  administer  oaths  and 
affirmations  concerning  any  demand  upon  the 
treasury  payable  out  of  the  school  fund,  or  other 
matters  relating  to  his  official  duties. 
Contracts. 

Sec.  414.  All  contracts  for  building  shall  be  giv- 
en to  the  lowest  bidder  therefor  offering  adequate 
security,  to  be  determined  by  the  board,  after  due 
public  notice  published  for  not  less  than  ten  days 
in  one  daily  paper  of  the  city. 
No  director  or  superintendent  to  be  a  party. 

Sec.  415.  No  school  director  or  superintendent 
shall  be  interested  in  any  contract  pertaining  in 
any  manner  to  the  school  department  of  said  city. 
All  contracts  in  violation  of  this  section  are  de- 
clared void,  and  any  director  or  superintendent 
violating  or  aiding  in  violating  the  provisions  of 
this  section  sliall  be  deemed  guilty  of  misdemean- 
or, and  shall  be  punished  by  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand 
dollars. 
City  board  of  examiners. 

Sec.  416.  No  teacher  shall  be  employed  in  any 
of  the  public  schools  without  having  a  certificate 
issued  under  the  provisions  of  this  chapter.     For 


Municipal  Corporations.  775 

the  purpose  of  c^rantinir  the  certificates  required, 
the  board  of  education  shall  appoint  a  city  hoard 
of  examination.  The  city  board  of  examination 
shall  consist  of  the  school  superintendent  and 
four  other  persons,  residents  of  such  city,  at  least 
two  of  whom  shall  be  experienced  teachers.  The 
members  of  the  city  board  of  examination  shall 
receive  for  their  services  such  compensation  as 
may  be  fixed  by  the  board  of  education.  Such  city 
board  of  examination  shall  have  power: 
Rules. 

1.  To  adopt  rules  and  regulations  not  inconsist- 
ent with  the  laws  of  this  state  for  its  own  govern- 
ment, and  for  the  examination  of  teachers. 
Examination. 

2.  To  examine  applicants,  and  to  prescribe  a 
standard  of  proficiency  which  will  entitle  the  per- 
son examined  to  a  certificate. 

Certificates. 

3.  To  grant  city  certificates  of  three  grades; 

1.  High-school  certificates,  valid  for  six  years, 
and  authorizing  the  holder  to  teach  any  primary, 
grammar,  or  high  school  in  such  city; 

2.  City  certificates,  first  grade,  valid  for  four 
years,  and  authorizing  the  holder  to  teach  any 
primary  or  grammar  school  in  such  city; 

3.  City  certificates,  second  grade,  valid  for  two 
years,  and  authorizing  the  holder  to  teach  any 
primary  school  in  such  city. 

4.  Without  examination,  to  grant  certificates 
and  fix  the  grade  thereof  to  the  holders  of  state 
life  diplomas,  state  educational  diplomas,  state 
normal-school  diplomas,  state  university  diplo- 
mas (when  recommended  by  the  faculty  of  the 
university),  state  certificates,  city  certificates 
granted  in  other  cities  of  this  state,  and  life  di- 
plomas, and  state  normal-school  diplomas  of  other 
states; 

5.  To  revoke  or  suspend  for  immoral  or  unpro- 
fessional conduct,  profanity,  intemperance,  or  evi- 
dent unfitness  for  teaching,  any  certificate  grant- 
ed by  them. 

Secretary. 

Sec.  417.  The  school  superintendent  shall  act 
as  secretary  and  book-keeper  of  the  board  of  edu- 


776  Municipal  Corporations. 

cation,  and  perform  all  clerical  duties  required  by 
such  board.  In  the  absence  of  the  superintendent, 
the  board  of  education  may  appoint  one  of  their 
own  number  to  act  as  secretary.  The  school  su- 
perintendent may  appoint  an  assistant  at  a  salary 
of  one  hundred  dollars  per  month.  The  super- 
intendent may,  for  a  good  and  sufficient  cause, 
provisionally  suspend  any  teacher  employed  in  the 
schools  of  such  city  until  the  next  meeting  of  the 
board  of  education. 
Superintendent's  reports. 

Sec.  418.  The  superintendent  shall  report  to  the 
board  of  education  annually,  and  at  such  other 
times  as  they  may  require,  all  matters  pertaining 
to  the  expenditures,  income  and  condition  and 
progress  of  the  public  schools  of  said  city  during 
the  preceding  year,  with  such  recommendations  as 
he  may  deem  proper. 
Duty  of  superintendent. 

Sec.  419.  It  shall  be  the  duty  of  the  superintend- 
ent to  visit  and  examine  each  school  at  least  once 
a  month,  to  observe,  and  cause  to  be  observed, 
such  general  rules  for  the  regulation  and  govern- 
ment and  instruction  of  the  schools,  not  inconsist- 
ent with  the  laws  of  the  state,  as  may  be  estab- 
lished by  the  board  of  education;  to  attend  the  ses- 
sions of  the  board,  and  inform  them  at  each  ses- 
sion of  the  condition  of  the  public  schools,  school- 
houses,  school  fund,  and  other  matters  connected 
therewith,  and  to  recommend  such  measures  as 
he  may  deem  necessary  for  the  advancement  of 
education  in  the  city.  He  shall  acquaint  himself 
with  all  the  laws,  rules,  and  regulations  govern- 
ing the  public  schools  in  said  city,  and  the  judicial 
decisions  thereon,  and  give  advice  on  subjects 
connected  with  the  public  schools,  gratuitously,  to 
officers,  teachers,  pupils,  and  their  parents  and 
guardians. 
Vacancy. 

Sec.  420.    In  case  of  vacancy  in  the  office  of  su- 
perintendent,  the  board  of  education   shall   have 
power  to  fill  the  vacancy  until  the  next  ensuing 
municipal  election. 
School  fund. 

Sec.  421.   The  school  fund  of  the  city  shall  con- 
sist of  all  moneys  received  from  the  state  school 


Municipal  Corporations.  777 

fund;  of  all  moneys  arising  from  taxes  which 
shall  be  levied  annually  by  the  city  council  of  the 
city  for  school  purposes;  of  all  moneys  arising 
from  the  sale,  rent,  or  exchange  of  any  school 
property,  and  of  such  other  moneys  as  may,  from 
any  source  whatever  be  paid  into  said  school  fund; 
which  fund  shall  be  kept  separate  and  distinct 
from  all  other  moneys,  and  shall  only  be  used  for 
school  purposes  under  the  provisions  of  this  chap- 
ter. If,  at  the  end  of  any  fiscal  year,  any  sur 
plus  remains  in  the  school  fund,  such  surplus 
money  shall  be  carried  forward  to  the  school  fund 
of  the  next  fiscal  year,  and  shall  not  be,  for  any 
purpose  whatever,  diverted  or  withdrawn  from 
said  fund,  except  under  the  provisions  of  this 
chapter. 
School  fund,  how  expended. 

Sec.  422.  The  said  school  fund  shall  be  used  and 
applied  by  said  board  of  education  for  the  follow- 
ing purposes,  to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of 
teachers,  janitors,  school-census  marshals,  and 
other  persons  who  may  be  employed  by  said 
board; 

2.  For  the  erection,  alteration,  repairs,  rent, 
and  furnishing  of  school-houses; 

3.  For  the  purchase  money  or  rent  of  any  real 
or  personal  property  purchased  or  leased  by  said 
board; 

4    For  the  insurance  of  all  property; 

5.  For  the  discharge  of  all  legal  incumbrances 
on  any  school  property; 

6.  For  lighting  school-rooms  and  the  offices  and 
rooms  of  the  superintendent  and  board  of  educa- 
tion; 

7.  For  supplying  the  schools  with  fuel,  water, 
apparatus,  blanks,  blank-books,  and  necessary 
school  appliances,  together  with  books  for  indi- 
gent children; 

8.  For  supplying  books,  printing  and  stationery 
for  the  use  of  the  superintendent  and  board  of 
education,  and  for  the  incidental  expenses  of  the 
board  and  department: 

9.  For  the  payment  of  the  salary  of  the  super- 
intendent and  assistant  superintendent; 

10.  For  grading  and  improving  all  school  lots, 


77S  Municipal  Corporations. 

and  for  grading,  sewering,  planking,     or  paving 
and  repairing  streets,  and     constructing  and  re- 
pairing sidewallvS  in  front  thereof. 
Claims. 

Sec.  423.  All  claims  payable  out  of  the  school 
fund  shall  be  filed  with  the  secretary  of  the  board, 
and  after  they  shall  have  been  approved  by  a  ma- 
jority of  all  the  members  elect  of  said  board,  upon 
a  call  of  the  ayes  and  noes,  which  shall  be  record- 
ed, they  shall  be  signed  by  the  president  of  the 
board  and  by  the  superintendent,  and  be  sent  to 
the  city  treasurer.  Every  demand  shall  have  in- 
dorsed upon  it  a  certificate  of  its  approval.  All 
demands  for  salaries  shall  be  paid  monthly. 
Debt  not  to  be  in  excess  of  income. 

Sec.  424.  All  demands  authorized  by  this  article 
shall  be  paid  by  the  city  treasurer  from  the  school 
fund,  when  the  same  shall  be  presented  to  him, 
ordered  paid,  and  approved  by  the  board;  provided, 
that  the  said  board  shall  not  have  power  to  con- 
tract any  debt  or  liabilities,  in  any  form  whatso- 
ever, against  the  said  city,  in  contravention  of  this 
article,  or  exceeding  in  any  year  the  income  and 
revenue  provided  for  the  school  fund  for  such 
year. 
Auditor  to  certify. 

Sec.  425.  It  shall  be  the  duty  of  the  auditor  of 
the  county  in  which  any  such  city  may  be  situ- 
ated, upon  the  first  Monday  in  each  month,  and  at 
such  other  times  as  he  may  deem  proper,  to  cer- 
tify in  duplicate  to  the  superintendent  of  schools  of 
such  county,  the  amount  of  school  moneys  at  that 
time  in  the  county  treasury,  and  the  amount  re- 
ceived during  the  previous  month.  The  county  su- 
perintendent shall,  upon  receipt  of  such  certifi- 
cates, indorse  upon  one  of  them  the  amount  of 
such  moneys  to  which  the  common  schools  in  such 
city  are  entitled.  The  certificate  so  indorsed  shall 
at  once  be  returned  to  said  auditor,  who  shall  di- 
rect upon  the  same  the  county  treasurer  to  pay 
the  sum  designated  upon  such  certificate  to  the 
treasury  of  such  city  for  the  use  of  the  school  fund 
thereof. 
Treasurer  to  pay. 

Sec.  426.     The  treasurer  of  such     county  shall 
thereupon  pay  to  the  treasurer  of  such  city  the 


Municipal  Corporations.  779 

sum  directed  by  the  auditor  as  above  provided; 
and  when  said  moneys  are  placed  in  such  city 
school  fund,  they  shall  be  used  in  precisely  the 
same  manner  as  moneys  raised  by  city  school 
taxes  in  such  city;  provided,  that  the  entire  reve- 
nue derived  by  such  city  from  the  state  school 
fund,  and  the  state  school  tax,  shall  be  applied 
by  said  board  of  education  exclusively  to  the  sup- 
port of  primary  and  grammar  schools. 


CHAPTER  IV. 

Municipal  Corporations  of  the  Third  Class. 

(A  charter  for  cities  having  a  population  of  more 
than  15,000  and  not  exceeding  30,000.) 


Article  I.— General  Powers. 
Third  class. 

Sec.  500.  Every  municipal  corporation  of  the 
third  class  shall  be  entitled  the  city  of (nam- 
ing it\  and  by  such  name  shall  have  pei'petual 
succession,  may  sue  and  be  sued  in  all  courts  and 
places,  and  all  proceedings  whatever;  shall  have 
and  use  a  common  seal,  alterable  at  the  pleasure 
of  the  city  authorities,  and  may  purchase,  lease, 
receive,  hold,  and  enjoy  real  and  personal  prop- 
erty, and  control  and  dispose  of  the  same  for  the 
common  benefit. 


Article  II.— General  Provisions  Relating  to  Officers. 

City  officers. 

Sec.  501.  The  government  of  such  city  shall  be 
vested  in  a.  mayor;  a  common  council,  to  consist 
of  seven  aldermen;  a  board  of  education,  to  con- 
sist of  seven  school  directors;  a  police  judge;  an 
assessor;  a  clerk,  who  shall  be  ex  officio  auditor; 
a  treasurer;  a  superintendent  of  streets;  a  tax  and 
license  collector;  a  water-rate  collector;  a  city  at- 
torney; and  such  other  and  inferior  officers  as  the 
common  council  may  appoint. 


780  Municipal  Corix>rations. 

Election  and  tenure. 

Sec.  502.  Tlie  aldermen,  mayor,  police  judge, 
city  attorney,  and  assessor  shall  be  elected  by  the 
qualified  electors  of  such  city,  at  a  general  muni- 
cipal election  to  be  held  therein  on  the  second 
Tuesday  in  March,  in  each  even-numbered  year. 
The  mayor,  police  judge,  city  attorney,  and  as- 
sessor shall  hold  office  for  the  period  of  two  years 
from  and  after  the  Monday  next  succeeding  the 
day  of  such  election,  and  until  their  successors  are 
elected  and  qualified.  The  members  of  the  com- 
mon council  and  board  of  education  shall  hold  of- 
fice for  the  period  of  four  years  from  and  after  the 
Monday  next  succeeding  the  day  of  such  election, 
and  until  their  successors  are  elected  and  quali- 
fied; provided,  that  the  first  common  council  elect- 
ed under  the  provisions  of  this  chapter  shall,  at 
their  first  meeting,  so  classify  themselves  by  lot 
as  that  three  of  their  number  shall  go  out  of  office 
at  tlie  expiration  of  two  years,  and  four  at 
the  expiration  of  four  years;  and  provided  fur- 
ther, that  the  first  board  of  education  elected  un- 
der the  provisions  of  this  chapter  shall,  at  their 
first  meeting,  so  classify  themselves  by  lots  as  that 
three  of  their  number  shall  go  out  of  office  at  the 
expiration  of  two  years,  and  four  at  the  expira- 
tion of  four  years. 
Other  officers  appointed. 

Sec.  503.  All  other  officers,  except,  as  otherwise 
lu  this  chapter  provided,  shall  be  appointed  by 
the  common  council,  upon  the  nomination  of  the 
mayor,  and  shall  hold  office  for  the  period  of  two 
years  from  and  after  the  date  of  such  appoint- 
ment, and  until  their  successors  are  appointed, 
elected,  and  qualified. 
Bonds. 

Sec.  504.  The  common  council  shall,  by  ordi- 
nance, determine  what  officers  shall  give  bonds 
for  the  faithful  performance  of  their  duties,  and 
fix  the  amount  of  such  bond;  and  each  of  such  offi- 
cers shall,  before  entering  upon  the  duties  of  his 
office,  execute  a  bond  to  such  city  in  such  penal 
sum  as  the  common  council  by  ordinance  may  de- 
termine, conditioned  for  the  faithful  performance 
of  his  duties,  including  in  the  same  bond  the  du 


Municipal  Coi*porations.  781 

ties  of  all  offices  of  which  he  is  made  by  this  chap- 
ter ex  officio  incumbent.  Such  bond  shall  be  ap- 
proved by  the  common  council.  All  bonds,  when 
approved,  shall  be  filed  with  the  clerk,  except  the 
bond  of  the  clerk,  if  any,  which  shall  be  filed  with 
the  mayor.  All  the  provisions  of  any  law  of  this 
state  relating  to  the  official  bonds  of  officers  shall 
apply  to  such  bonds  except  as  herein  otherwise 
provided.  Every  officer  of  such  city,  before  enter- 
ing upon  the  duties  of  his  office,  shall  take  and 
file  with  the  clerk  the  constitutional  oath  of  office. 
Vacancies. 

Sec.  505.  Any  vacancy  occurring  in  any  of  the 
offices  provided  for  in  this  chapter,  except  in  the 
office  of  school  director,  shall  be  filled  by  appoint- 
ment by  the  common  council  upon  the  nomination 
of  the  mayor,  but  if  such  office  be  elective,  such 
appointee  shall  hold  office  only  until  the  next 
regular  election,  at  which  time  a  person  shall  be 
elected  to  serve  .for  the  remainder  of  such  unex- 
pired term. 
Compensation. 

Sec.  506.  The  aldermen  and  school  directors 
shall  receive  no  compensation  whatever.  The  an- 
nual salaries  of  other  officers  shall  be  as  follows: 
mayor,  one  thousand  two  hundred  dollars;  police 
judge,  one  thousand  eight  hundred  dollars;  as- 
sessor, one  thousand  eight  hundred  dollars;  city 
attorney,  one  thousand  five  hundred  dollars; 
street  superintendent,  one  thousand  two  hundred 
dollars;  clerk  and  auditor,  one  thousand  five  hun- 
dred dollars;  tax  and  license  collector,  one  thous- 
and two  hundred  dollars;  treasurer,  one  thousand 
dollars,  water-rate  collector,  one  thousand  two 
hundred  dollars;  school  superintendent,  one  thous- 
and five  hundred  dollars;  all  of  which  salaries 
shall  be  paid  monthly. 
Elections. 

Sec.  507.  All  elections  in  such  city  shall  be 
held  in  accordance  with  the  general  election  law 
of  the  state,  so  far  as  the  same  may  be  made  ap- 
plicable; and  no  person  shall  be  entitled  to  vote 
at  such  election  unless  he  shall  be  a  qualified  elec- 
tor of  the  county,  enrolled  upon  the  great  register 
thereof,  and  shall  have  resided  in  such  city  for 
Gen.  Laws— 66 


782  Municipal  Corporation. 

at  least  thirty  days  next  preceding  such  election. 
The  common  council  shall  give  such  notice  of  each 
election  as  may  be  prescribed  by  ordinance,  shall 
appoint  boards  of  election,  and  fix  their  compen- 
sation, and  establish  and  change  election  pieciucts 
and  polling-places;  provided,  that  no  part  of  any 
ward  less  than  the  whole  thereof  shall  be  attach- 
ed to  any  other  ward,  or  part  thereof,  in  forming 
election  precincts.  At  any  municipal  election  the 
last  printed  great  register  of  the  county  shall  be 
used,  and  any  elector  whose  name  is  not  upon 
such  printed  register  shall  be  entitled  to  vote  up- 
on producing  and  filing  with  the  board  of  election 
a  certificate,  under  the  hand  and  official  seal  of 
the  county  clerk,  showing  that  his  name  is  regis- 
tered and  uncanceled  upon  the  great  register  of 
such  county,  provided  that  he  is  otherwise  entitled 
to  vote. 
Eligibility  to  office. 

Sec.  508.  No  person  shall  be  eligible  to  or  hold 
any  office  in  such  city,  whether  filled  by  election 
or  appointment,  unless  he  be  a  resident  and  elect- 
or therein,  and  shall  have  resided  in  such  city 
for  one  year  next  preceding  the  date  of  such  elec- 
tion or  appointment;  provided,  however,  that  the 
provisions  of  this  section  shall  not  apply  to  school 
superintendents  or  school-teachers.  One  alder- 
man and  one  school  director  shall  be  elected  from 
each  ward,  and  the  person  so  elected  must  be  a 
resident  of  the  ward  from  which  he  is  so  elected, 
and  continue  to  be  such  resident  during  his  term 
of  office,  and  if  he  shall  fail  to  so  continue  a  resi- 
dent of  such  ward,  his  office  shall,  by  reason 
thereof,  immediately  become  vacant. 
Free  library. 

Sec.  509.  The  trustees  of  any  free  public  library 
created  or  existing  in  such  city  under  the  provis- 
ions of  an  act  entitled  "An  act  to  establish  free 
public  libraries  and  reading-rooms,"  approved 
April  tM'enty-sixth,  eighteen  hundred  and  eighty, 
shall  be  appointed  by  the  council  in  the  same  man- 
ner as  other  officers  are  appointed  under  the  pro- 
visions of  this  chapter,  anything  in  the  provisions 
of  said  act  to  the  contrary  notwithstanding. 


Municipal  Corporations.  783 


Article  III.— Legislative  Department. 

Common  conncil— Meetings. 

Sec.  520.  The  common  council  shall  meet  on  the 
Monday  next  succeeding  the  date  of  said  general 
municipal  election,  and  shall  hold  regular  meet- 
ings at  least  once  in  each  month,  at  such  times  as 
they  shall  fix  by  ordinance.  Special  meetings  may 
be  called  at  any  time  by  the  mayor,  or  by  three 
aldermen,  by  written  notice  delivered  to  each 
member  at  least  three  hours  before  the  time  speci- 
fied for  the  proposed  meeting.  All  meetings  of 
the  common  council  shall  be  held  within  the  cor- 
porate limits  of  the  city,  at  such  place  as  may  be 
designated  by  ordinance,  and  shall  be  public. 
Mayor  to  preside. 

Sec.  521.  At  any  meeting  of  the  common  coun- 
cil, a  majority  of  the  aldermen  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time,  and  may 
compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  may  be  pre- 
scribed by  ordinance.  The  mayor  shall  preside  at 
all  meetings  of  the  council,  and  in  case  of  his  ab- 
sence, the  council  may  appoint  a  president  pro 
tern.;  and  in  case  of  the  absence  of  the  clerk,  the 
mayor  or  president  pro  tem.  shall  appoint  one  of 
the  members  of  the  council  clerli  pro  tem. 
Rules. 

Sec.  522.  The  common  council  shall  judge  of 
the  qualifications  of  its  members,  and  of  all  elec- 
tion returns,  and  determine  contested  elections  of 
all  city  officers.  They  may  establish  rules  for  the 
conduct  of  their  proceedings,  and  punish  any 
member  or  other  person  for  disorderly  behavior  at 
any  meeting.  They  shall  cause  the  clerli  to  l:eep 
a  correct  journal  of  all  their  proceedings,  and,  at 
the  desire  of  any  member,  shall  cause  the  ayes 
and  noes  to  be  talien  on  any  question,  and  entered 
on  the  journal. 


784  Municipal  Corporations. 

"Lifflit  and  water  ordinances. 

Sec.  528.  No  ordinance,  and  no  resolution  or  or- 
der for  the  payment  of  money,  for  granting  any 
franchise,  for  lighting  or  watering  streets,  or  tor 
supplying  water  for  municipal  purposes,  shall  be 
passed  by  the  common  council  on  the  day  of  its 
introduction,  nor  within  five  days  thereafter,  nor 
at  any  other  than  a  regular  meeting;  and  no  ordi- 
nance, and  no  such  resolution  or  order,  shall  have 
any  validity  or  effect  unless  passed  by  the  votes 
of  at  least  four  aldermen  and  approved  by  the 
mayor;  provided,  that  if  the  mayor  shall  neglect 
or  refuse  to  approve  the  same  within  five  days, 
then  the  same  may  be  passed  by  the  votes  of  five 
aldermen,  and  shall  then  take  effect  as  'f  approv- 
ed by  the  mayor. 
Powers  of  council. 

Sec.  524.    The  common  council  of  such  city  shall 
have  power: 
Ordinances. 

1.  To  pass  ordinances  not  in  conflict  with  the 
constitution  and  laws  of  this  state,  or  of  the 
United  States. 

Real  estate. 

2.  To  purchase,  lease,  or  receive  such  real  es- 
tate and  personal  property  as  may  be  necessary 
or  proper  for  municipal  purposes,  and  to  control, 
dispose  of,  and  convey  the  same  for  the  benefit  of 
the  city;  provided,  that  they  shall  not  have  power 
to  sell  or  convey  any  portion  of  any  water  fro  it. 
Water  supply. 

8.     To  acquire,   construct,   repair,   ani  manage, 
pumps,  aqueducts,  reservoirs,     and  other     works 
necessary  or  proper  for  supplying  the  city  with 
water. 
Streets. 

4.  To  establish,  lay  out,  alter,  open,  keep  open, 
Improve,  and  repair  streets,  sidewalks,  alleys, 
bridges,  squares,  and  other  public  highways  and 
places  within  the  city,  and  to  drain,  sprinkle,  and 
light  the  same;  to  remove  all  obstructions  there- 
from; to  establish  the  grades  thereof;  to  grade, 
pave,  macadamize,  gravel,  and  curb  the  tjaine  In 
whole  or  in  part,  and  to  construct  gutters,  cul- 
verts, sidewalks,  and  cross-walks  therein  or  upon 


Municipal  Corporations.  785 

any  part  tliereof;  to  cause  to  be  planted,  set  out, 
and  cultivated,  shade  trees  therein;  and  geiierally 
manage  and  control  all  such  highways  and  places. 
Sewers. 

5.  To  construct  and  maintain  drains  and  sew- 
ers. 

Extinguishment  of  fires. 

6.  To  provide  fire-engines  and  all  other  neces- 
sary or  proper  apparatus  for  the  prevention  and 
extinguishment  of  fire,  and  to  construct  and  main- 
tain telegraph  and  telephone  lines  for  fire  and  po- 
lice purposes. 

Poll-tax. 

7.  To  impose  on  and  collect  from  every  male 
inhabitant  between  the  ages  of  twenty-one  and 
sixty  years  an  annual  street  poll-tax  not  exceeding 
two  dollars;  and  no  other  road  poll-tax  shall  be  col- 
lected within  the  limits  of  such  city. 

Dog  tax, 

8.  To  impose  and  collect  an  annual  tax,  not  ex- 
ceeding two  dollars,  on  every  dog  owned  or  har- 
bored within  the  limits  of  the  city;  and  no  other 
dog  tax  shall  be  collected  within  the  limits  of  such 
city. 

Property  tax. 

9.  To  levy  and  collect  annually  a  property  tax, 
not  exceeding  one  dollar  on  each  one  hundred  dol- 
lars of  the  assessed  value  of  all  real  and  personal 
property  within  such  city,  which  said  tax  shall  be 
apportioned  as  follows:  For  the  general  fund,  not 
exceeding  fifty  cents  on  each  one  hundred  dollars; 
for  the  road  fund,  not  exceeding  twenty-five  cents 
on  each  one  hundred  dollars;  and  for  the  school 
fund,  not  exceeding  twenty-five  cents  on  each  one 
hundred  dollars;  each  of  which  funds  shall  be  kept 
separate  from  all  others. 

Licenses. 

10.  To  license,  for  pui'poses  of  regulation  and 
revenue,  all  and  every  liind  of  business  authorized 
by  law,  and  transacted  or  carried  on  in  such  city, 
and  all  shows,  exhibitions,  and  lawful  games  car- 
ried on  therein;  to  fix  the  rates  of  license  tax  upon 
the  same,  and  to  provide  for  the  collection  of  the 
same  by  suit  or  otherwise. 


78(5  Municipal  Corporations. 

Rivers. 

11.  To  improve  the  rivers  and  streams  flowins; 
through  such  city,  or  adjoining  the  same;  to  wid- 
en, straighten,  and  deepen  the  channels  thereof, 
and  remove  obstructions  therefrom;  to  improve 
the  water-front  of  the  city;  to  construct  and  main- 
tain embankments  and  other  works  to  protect  such 
city  from  overflow;  and  to  bridge  any  creek  or 
river  so  as  not  to  interfere  with  navigation. 
Public  buildings. 

12.  To  erect  and  maintain  buildings  for  munici- 
pal purposes. 

Tracks  and  pipes. 

13.  To  permit,  under  restrictions  as  they  may 
deem  proper,  the  laying  of  railroad  tracks  and  the 
running  of  cars  drawn  by  horses,  steam,  or  other 
motive  power  thereon,  and  the  laying  of  gas  and 
water  pipes  in  the  public  streets,  and  the  construc- 
tion and  maintenance  of  telegraph  and  telephone 
lines  therein. 

Ward  division. 

14.  To  divide  the  city,  by  ordinance,  into  seven 
wards  as  nearly  equal  in  population  as  may  be,  to 
fix  the  boundaries  thereof,  and  to  change  the  same 
from  time  to  time;  provided,  that  no  change  in  the 
boundaries  of  any  ward  shall  be  made  within  sixty 
days  next  before  the  date  of  said  general  munici- 
pal election,  nor  within  twenty  months  after  the 
same  shall  have  been  established  or  altered. 
Fire  department. 

15.  To  establish  and  regulate  a  fire  department 
and  a  police  department,  to  appoint  and  remove 
the  officers  and  employees  thereof,  and  to  prescribe 
their  duties  and  fix  and  order  paid  their  salaries 
and  compensation. 

Subordinate  officers. 

16.  To  appoint  and  remove  such  subordinate  of- 
ficers as  they  may  deem  proper,  and  to  fix  their 
duties  and  compensation. 

Imposition  of  penalties. 

17.  To  impose  fines,  penalties,  and  forfeitures  for 
any  and  all  violations  of  ordinances;  and  for  any 
brenoli  or  violation  of  any  ordinance,  to  fix  the  pen- 
alty by  fine  or  imprisonment,  or  both;  but  no  such 


Municipal  Corporations.  787 

fine  sliall  exceed  five  hundred  dollars,  nor  the  term 
of  such  imprisonment  exceed  six  months. 
Prison  labor. 

18.  To  cause  all  persons  imprisoned  for  violation 
of  any  ordinance  to  labor  on  the  streets  or  other 
public  property  or  worlis  within  the  city. 

Other  acts. 

19.  To  do  and  perform  any  and  all  other  acts 
and  things  necessary  or  proper  to  carry  out  the 
provisions  of  this  chapter. 

Enacting  clause. 

Sec.  525.  The  enacting  clause  of  all  ordinances 
shall   be   as   follows:    "The   mayor   and   common 

council  of  the  city  of  do  ordain  as  follows." 

Every  ordinance  shall  be  signed  by  the  mayor,  at- 
tested by  the   clerk,  and    published  at  least    five 
times  in  a  newspaper  published  in  such  city. 
Common  council  to  audit. 

Sec.  52G.  All  demands  against  such  city,  except 
for  school  purposes,  shall  be  presented  to  and  au- 
dited by  the  common  council,  in  accordance  with 
such  regulations  as  they  may  by  ordinance  pre- 
scribe; and  upon  the  allowance  of  any  such  de- 
mand, the  mayor  shall  draw  a  warrant  upon  the 
treasurer  for  the  same,  which  warrant  shall  be 
countersigned  by  the  cleric,  and  shall  specify  for 
what  purpose  the  same  is  drawn,  and  out  of  what 
fund  it  is  to  be  paid. 
No  debt  in  excess  of  available  money. 

Sec.  527.  The  common  council  shall  not  create, 
audit,  allow,  or  permit  to  accrue  any  debt  or  liabil- 
ity in  excess  of  the  available  money  in  the  treas- 
ury that  may  be  legally  apportioned  and  appropri- 
ated for  such  purposes;  provided,  that  any  city, 
during  the  first  year  of  its  existence  under  this  act, 
may  incur  such  indebtedness  or  liability  as  may 
be  necessary,  not  exceeding  in  all  the  income  and 
revenue  provided  for  it  for  such  year;  nor  shall 
any  warrant  be  drawn,  or  evidence  of  indebted- 
ness be  issued,  unless  there  be  at  the  time  sufli- 
cient  money  in  the  treasury  legally  applicable  to 
the  payment  of  the  same,  except  as  hereinafter 
provided. 


788  Municipal  Corporations. 

Indebtedness  in  excess  to  be  decided  by  election. 

Sec.  528.  If,  at  any  time,  the  common  council 
shall  deem  it  necessary  to  incur  any  indebtedness 
in  excess  of  the  money  in  the  treasury  applicable 
to  the  purpose  for  which  such  indebtedness  is  to 
be  incurred,  they  shall  give  notice  of  a  special  elec- 
tion by  the  qualified  electors  of  the  city,  to  be  held 
to  determine  whether  such  indebtedness  shall  be 
incurred.  Such  notice  shall  specify  the  amount  of 
Indebtedness  proposed  to  be  incurred,  the  purpose 
or  purposes  of  the  same,  and  the  amount  of  money 
necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund,  as  hereinafter  provided. 
Such  notice  shall  be  published  for  at  least  three 
weeks  in  some  newspaper  published  in  such  city; 
and  no  other  question  or  matter  shall  be  submitted 
to  the  electors  at  such  election.  If,  upon  a  canvass 
of  the  votes  cast  at  such  election,  it  appear  that  not 
less  than  two-thirds  of  all  the  qualified  electors 
voting  at  such  election  shall  have  voted  in  favor 
of  incurring  such  indebtedness,  it  shall  be  the  duty 
of  the  common  council  to  pass  an  ordinance  pro- 
viding for  the  mode  of  creating  such  indebtedness, 
and  of  paying  the  same;  and  in  each  ordinance 
provision  shall  be  made  for  the  levy  and  collection 
of  an  annual  tax  upon  all  the  real  and  personal 
property  subject  to  taxation  within  such  city  suflS- 
cient  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due;  and  also  to  constitute  a  sinking  fund 
for  the  payment  of  the  principal. thereof,  within  a 
period  of  not  more  than  twenty  years  from  the 
time  of  contracting  the  same.  It  shall  be  the  duty 
of  the  common  council  in  each  year  tliereafter,  at 
the  time  at. which  other  taxes  are  levied,  to  levy  a 
tax  sufficient  for  such  purpose,  in  addition  to  the 
taxes  by  this  chapter  authorized  to  be  levied.  Such 
tax,  when  collected,  shall  be  kept  in  the  treasury 
as  a  separate  fund,  to  be  inviolably  appropriated 
to  the  payment  of  the  principal  and  interest  of 
such  indebtedness. 
Violation  of  ordinances. 

Sec.  529.  The  violation  of  any  ordinance  of  such 
city  shall  be  deemed  a  misdemeanor,  and  may  be 
prosecuted  by  the  authorities  of  such  city  in  the 

name  of  the  people  of  the  state  of  California,  or 


Municipal  Corporations.  789 

may  be  redressed  by  civil  action,  at  the  option  of 
said  authorities.  Any  person  sentenced  to. impris- 
onment for  the  violation  of  an  ordinance  may  be 
imprisoned  in  the  city  jail;  or,  if  the  common  coun- 
cil by  ordinance  shall  so  prescribe,  in  the  county 
jail  of  the  county  in  which  such  city  may  be  situ- 
ated, in  which  case  the  expense  of  such  imprison- 
ment shall  be  a  charge  in  favor  of  such  county  and 
against  such  city. 
Nuisances. 

Sec.  530.  Every  act  or  thing  done  or  being  with- 
in the  limits  of  such  city,  which  is  or  may  be  de- 
clared by  law  or  by  any  ordinance  of  such  city  to 
be  a  nuisance,  shall  be  and  is  hereby  declared  to 
be  a  nuisance,  and  shall  be  considered  and  treated 
as  such  in  all  actions  and  proceedings  whatever; 
and  all  remedies  which  are  or  may  be  given  by  law 
for  the  prevention  and  abatement  of  nuisances 
shall  apply  thereto. 
System  of  street  work. 

Sec.  531.  The  common  council  are  authorized 
and  empowered  to  provide,  by  ordinance,  a  system 
for  doing  any  or  all  work  in  or  upon  the  streets, 
highways,  and  public  places  of  such  city,  and  for 
making  therein  street  improvements  and  repairs, 
and  for  doing  any  or  all  work  authorized  by  sub- 
divisions four  and  five  of  section  five  hundred  and 
twenty-four  of  this  act,  and  for  the  payment  of 
the  cost  and  expenses  thereof,  either  by  the  levy 
and  collection  of  special  assessments  therefor,  in 
proportion  to  benefits,  upon  the  property  to  be  ben- 
efited thereby,  or  by  payments  made  out  of  the 
road  fund  of  such  city,  or  by  both;  provided,  that 
in  all  cases  where  more  than  one-half  of  the  ex- 
pense of  any  such  improvement,  except  the  con- 
struction of  a  sewer  or  drain,  exceeding  in  amount 
the  sum  of  one  thousand  dollars,  is  to  be  de- 
frayed by  special  assessment,  the  common  coun- 
cil shall  first  adopt  a  resolution,  which  shall 
be  entered  upon  their  journal,  declaring  their 
intention  to  make  such  improvement,  and  fix- 
ing a  time  at  w-iiich  objections  to  the  mak- 
ing of  such  improvement  will  be  considered. 
Such  resolution  shall  also  designate  the  boun- 
daries of    the    district    to  be    affected    or    bene- 


790  Municipal  Corporations. 

fited  by  such  improvement.  Upon  adopting  such 
resolution,  the  common  council  shall  give  notice 
of  such  intention,  which  notice  shall  be  pub- 
lished for  twenty  days  in  a  newspaper  printed  and 
published  in  such  city.  Such  notice  shall  describe 
the  improvement  so  proposed  to  be  made,  and  state 
the  estimated  cost  thereof,  and  designate  the  time 
set  for  such  hearing,  and  shall  refer  to  such  reso- 
lution so  entered  upon  the  .iournal  for  such  de- 
scription of  boundaries.  If,  at  or  before  the  time 
so  fixed,  written  objections  to  such  improvement, 
signed  by  the  owners  of  two-thirds  in  value  of  the 
property  so  to  be  affected  or  benefited,  as  shown 
by  the  last  preceding  city  assessment  roll,  be  not 
filed  with  the  clerk,  the  common  council  shall  be 
deemed  to  have  acquired  jurisdiction  to  order  the 
making  of  such  improvement.  Any  such  special 
assessment  made  and  levied  to  defray  the  cost  and 
expenses  of  any  such  work,  together  with  any  per- 
centage imposed  for  delinquency  and  the  costs  of 
collection,  shall  constitute  a  lien  upon  and  against 
the  property  upon  which  such  assessment  is  made 
and  levied,  from  and  after  the  date  of  the  order 
for  such  assessment;  which  lien  may  be  enforced 
by  a  summary  sale  of  such  property^  and  the  exe- 
cution and  delivery  of  all  necessary  certificates 
and  deeds  therefor,  under  such  regulations  as  may 
be  prescribed  by  ordinance,  or  by  an  action  in  any 
court  of  competent  jurisdiction  to  foreclose  such 
lien;  provided,  that  any  property  sold  to  satisfy 
any  such  lien  shall  be  subject  to  redemption  with- 
in the  time  and  in  the  manner  provided,  or  that 
may  hereafter  be  provided  by  law  for  the  redemp- 
tion of  property  sold  for  taxes. 
Right  of  way. 

Sec.  532.  The  common  council  are  authorized 
and  empowered  to  provide  by  ordinance  for  the  es- 
tablishing, laying  out,  extending,  and  widening 
streets  and  other  public  highways  and  places  with- 
in the  city,  and  for  taking  private  property  there- 
for, and  for  taking  private  property  for  the  pur- 
pose of  rights  of  waj''  for  drains,  sewers,  and  aqe- 
ducts.  and  for  the  purpose  of  widening  and 
straightening  the  channels  of  streams,  and  the  im- 
provement of  water-fronts;  but  no  private  prop- 


Municipal  Corporations.  791 

erty  or  right  of  way  over  or  tlirough  the  same  shall 
be  taken  without  the  consent  of  the  owner  there- 
of until  a  .iust  compensation  for  the  same  shall  be 
ascertained  and  paid  to  such  owner,  or  into  court 
for  his  use.  If  the  owner  of  any  parcel  of  land 
proposed  to  be  talsen  for  any  such  improvement 
shall  be  dissatisfied  with  the  amount  of  compensa- 
tion awarded  by  said  council  for  the  taking  of  such 
parcel,  he  may,  within  twenty  days  after  the  date 
of  such  award,  commence  an  action  against  such 
city  in  any  court  of  competent  jurisdiction  within 
the  city,  township,  or  county,  to  recover  such 
amount  of  compensation  as  he  may  consider  him- 
self entitled  to.  The  amount  of  compensation  as- 
certained and  awarded  in  such  action  shall  be 
deemed  and  taken  to  be  the  amount  of  compensa- 
tion to  which  such  person  will  be  entitled  if  such 
improvement  be  made.  If  such  person  fail  to  re- 
cover in  such  action  a  greater  amount  of  compen- 
sation than  was  so  awarded  by  said  council,  he 
shall  not  recover  costs  but  shall  pay  costs 
to  such  city.  Any  owner  of  or  person  inter- 
ested in  any  such  parcel  of  land,  who  shall 
fail  to  commence  such  action  within  the  time 
herein  limited,  shall  be  deemed  to  have  waiv- 
ed his  right  in  that  behalf,  and  to  have  assented 
to  and  ratified  the  award  of  said  council.  The 
common  council  shall  not  acquire  .iurisdiction  to 
exercise  any  of  the  powers  hereinlDefore  in  this 
section  enumerated,  until  a  petition  in  writing 
therefor  is  first  presented  to  said  council,  signed 
by  at  least  twenty  inhabitants  of  said  city,  taxable 
therein  for  municipal  purposes.  Such  petition  must 
describe  generally  the  street,  highway,  or  public 
place  proposed  to  be  laid  out  or  established,  or  the 
proposed  alteration  by  widening  or  extending  the 
same,  or  by  widening  or  straightening  the  channels 
of  streams,  or  by  the  improvement  of  water-fronts; 
or  if  a  right  of  way  is  sought  for  drains,  sewers, 
or  jtqueducts,  such  petition  shall  describe  the  pro- 
posed route  for  the  same.  Such  petition  shall  be 
heard  at  a  regular  meeting  of  the  council,  notice 
of  such  hearing  being  given  by  the  clerk  by  publi- 
cation in  a  newspaper  published  in  such  city,  for  at 
period  of  three  weeks  before  hearing.    Such  notice 


792  Municipal  Corporations. 

shall  be  deemed  to  give  said  council  full  jurisdic- 
tion over  the  subject-matter,  and  over  the  person 
of  every  owner  of  or  person  interested  in  any  par- 
cel of  land  to  be  taken  or  assessed  for  any  such 
improvement;  and  every  person  interested,  from 
and  after  the  expiration  of  such  publication,  shall 
be  deemed  to  have  notice  of  all  subsequent  pro- 
ceedings; provided,  that  nothing  herein  contained 
shall  be  construed  to  prevent  such  council  from 
giving  such  other  or  further  notice  as  they  may 
deem  proper.  At  the  time  fixed  in  such  notice,  or 
at  such  time  to  which  such  hearing  may  be  post- 
poned, the  council  shall  proceed  to  hear  and  deter- 
mine the  prayer  of  such  petition  pursuant  to  such 
rules  and  regulations  as  may  be  prescribed  by  such 
ordinance.  Such  system,  so  established  by  ordi- 
nance, may  provide  for  the  payment  of  such  com- 
pensation, either  by  the  levy  and  collection  of  spe- 
cial assessments  therefor,  in  proportion  to  benefits 
upon  the  property  to  be  affected  or  benefited  by 
any  such  improvement,  or  by  payments  made  out 
of  the  street  fund,  or  river  and  water-front  im- 
provement fund  of  such  city,  or  by  both.  Any  such 
special  assessment  made  and  levied  to  provide 
means  for  the  payment  of  any  such  compensation 
and  the  cost  of  ascertaining  the  same,  together 
with  any  percentage  imposed  for  delinquency  and 
the  costs  of  collection,  shall  constitute  a  lien  upon 
and  against  the  property  upon  which  such  assess- 
ment is  made  and  levied,  from  and  after  the  date 
of  the  order  for  such  assessment;  which  lien  may 
be  enforced  by  a  summary  sale  of  such  property, 
and  the  execution  and  delivery  of  all  necessary 
certificates  and  deeds  therefor,  under  such  regula- 
tions as  may  be  prescribed  by  ordinance,  or  by  an 
action  in  any  court  of  competent  jurisdiction  to 
foreclose  such  lien;  provided,  that  any  property 
sold  to  satisfy  any  such  lien  shall  be  subject  to 
redemption  within  the  time  and  in  the  manner 
provided  or  that  may  hereafter  be  provided  by  law 
for  the  redemption  of  property  sold  for  taxes. 
Taxes  and  tax  sales. 

Sec.  533.  The  common  council  shall  have  power, 
and  it  shall  be  their  duty,  to  provide  by  ordinance 
for  the  assessment,  levy,  and  collection  of  all  city 


Municipal  Corporations.  793 

taxes,  which  shall  conform,  as  nearly  as  the  cir- 
cumstances of  the  case  may  permit,  to  the  provi- 
sions of  the  laws  of  this  state  in  reference  to  the 
assessment,  levy,  and  collection  of  state  and  county 
taxes,  except  as  to  the  times  for  such  assessment, 
levy,  and  collection,  and  except  as  to  the  officers 
by  whom  such  duties  are  to  be  performed.  All 
taxes  assessed,  together  with  any  percentage  im- 
posed for  delinquency  and  the  costs  of  collection, 
shall  constitute  liens  on  the  property  assessed  from 
and  after  the  first  Monday  in  March  in  each  year; 
which  liens  may  be  enforced  by  a  summary  sale 
of  such  property,  and  the  execution  and  delivery 
of  all  necessary  certificates  and  deeds  therefor, 
under  such  regulations  as  may  be  prescribed  by 
ordinance,  or  by  actions  in  any  court  of  competent 
jurisdiction  to  foreclose  such  liens;  provided,  that 
any  property  sold  for  such  taxes  shall  be  subject 
to  redemption  within  the  time  and  in  the  manner 
provided  or  that  may  hereafter  be  provided  by  law 
for  the  redemption  of  property  sold  for  state  or 
county  taxes.  All  deeds  made  upon  any  sale  of 
property  for  taxes  or  special  assessments  under 
the  provisions  of  this  chapter  shall  have  the  same 
force  and  effect  in  evidence  as  is  or  may  hereafter 
be  provided  by  law  for  deeds  for  property  sold 
for  non-payment  of  state  or  county  taxes. 
Laws    concerning    indebtedness    to    continue    in 

force. 

Sec.  534.  No  money  shall  be  expended  or  drawn 
out  of  the  street  fund  for  any  but  street  and  sewer 
purposes,  and  no  money  shall  be  expended  or 
drawn  out  of  the  school  fund  for  any  but  school 
purposes.  Whenever  any  city  organizing  under 
this  act  has  a  bonded  indebtedness  contracted  or 
issued  under  any  law  of  this  state,  all  the  provi- 
sions of  such  laws  in  regard  to  the  levying,  collec- 
tion, and  disposition  of  taxes  and  revenues  for  the 
payment  of  such  indebtedness  and  the  interest 
thereon,  shall  continue  in  force,  and  the  taxes  lev- 
ied and  revenues  raised  for  the  payment  of  the  in- 
terest and  principal  of  such  indebtedness  shall  be 
in  addition  to  the  taxes  provided  by  section  five 
hundred  and  twenty-four  of  this  act,  and  the  com- 
mon council  of  said  city,  organizing  under  this  act. 
Gen.  Laws— 67 


794  Municipal  Coi-porations. 

is  hereby  authorized  and  empowered  to  levy  and 
collect  such  taxes  and  apportion  such  revenues  for 
the  payment  of  such  indebtedness  and  interest,  in 
addition  to  the  limit  of  taxation  hereinbefore  pre- 
scribed in  tliis  act:  and  nothing  in  this  chapter 
shall  be  construed  to  prevent  any  city  from  levy- 
ing and  collecting  the  tax  authorized  by  the  act  en- 
titled, "An  act  to  establish  free  public  libraries  and 
reading-rooms,"  approved  April  twenty-sixth,  eigh- 
teen hundred  and  eighty,  in  addition  to  the  taxes 
herein  authorized  to  be  levied  and  collected.  All 
moneys  received  from  licenses,  and  from  fines, 
penalties  and  forfeitures,  shall  be  paid  into  the 
general  fund. 
Kiver  improvement. 

Sec.  535.  The  common  council  may  also  levy 
and  cause  to  be  collected,  in  each  year,  in  addi- 
tion to  the  taxes  herein  authorized  to  be  levied 
and  collected,  a  tax,  not  exceeding  twenty  cents 
on  each  one  hundred  dollars  of  the  assessed  value 
of  all  real  and  personal  property  within  such  city 
subject  to  taxation,  the  proceeds  of  which  tax  shall 
be  known  as  the  "river  and  water-front  improve- 
ment fund,"  and  shall  be  applied  to  the  improve- 
ment of  streams,  bays,  and  waterfronts,  the  erec- 
tion of  embanl<;ments,  and  other  worlds  to  protect 
the  city  from  overflow,  and  the  construction  of 
works  of  drainage,  and  for  no  other  purposes  what- 
ever. 
Public  work  to  be  done  by  contract. 

Sec.  5.3(>.  In  the  erection,  improvement,  and  re- 
pair of  all  public  buildings  and  works,  in  all  street 
and  sewer  work,  and  in  all  work  in  or  about 
streams,  bays,  or  water-fronts,  or  in  or  about  em- 
bankments or  other  works  for  protection  against 
overflow,  or  in  furnishing  any  supplies  or  mate- 
rials for  the  same,  when  the  expenditures  required 
for  the  same  exceeds  the  sum  of  five  hundred  dol- 
lars, the  same  shall  be  done  by  contract,  and  shall 
be  let  to  the  lowest  responsible  bidder,  after  due 
notice,  under  such  regulations  as  may  be  prescrib- 
ed by  ordinance;  provided,  that  the  common  coun- 
cil, or  board  of  education,  may  reject  all  bids  pre- 
sented, and  readvertise,in  their  discretion;  and  pro- 
vided further,  that  in  case  of  any  great  and  unfore- 


Municipai.  CoriM^fations.  "  795 

seen  calamity  or  emergency  the  common  council, 
by  a  resolution,  unanimously  adopted  and  approv- 
ed by  the  mayor,  may  dispense  with  the  foregoing 
provisions  of  this  section,  the  reason  for  such  ac- 
tion being  entered  on  their  minutes.  The  common 
council  shall,  annually,  at  a  stated  time,  contract 
for  doing  all  city  printing  and  advertising,  which 
contract  shall  be  let  to  the  lowest  bidder,  after  no- 
tice as  provided  in  this  section.  All  advertising 
shall  be  done  in  a  newspaper  printed  and  pub- 
lished in  such  city,  and  the  contract  therefor  chall 
be  awarded  separately  from  all  other  printing. 


Article  IV.— Executive  Department. 

Mayor. 

Sec.  550.  The  mayor  shall  be  at  the  head  of  the 
executive  department  of  the  city.  It  shall  be  his 
duty  to  be  vigilant  and  active  in  causing  the  laws 
and  ordinances  of  the  city  to  be  duly  executed  and 
enforced:  to  have  the  general  supervision  of  the 
police  department;  to  receive  and  examine  into  all 
complaints  preferred  against  any  officer,  and  to 
certify  the  same  to  the  common  council;  to  admin- 
ister and  certify  oaths  and  affirmations  in  any 
and  all  matters  and  proceedings  pertaining  to  the 
city;  to  preside  at  all  meetings  of  the  common 
council;  and  to  perform  such  other  duties  as  are  or 
may  be  prescribed  by  law  or  ordinance. 
Cleric. 

Sec.  551.  It  shall  be  the  duty  of  the  clerk  to 
keep  a  true  and  correct  record  of  all  the  proceed- 
ings of  the  common  council,  and  to  countersign  all 
warrants;  to  keep  accounts  current  with  every  of- 
ficer charged  with  the  receipt  or  disbursement  of 
money;  to  keep  the  seal  of  the  city  and  affix  the 
same  to  all  instruments  requiring  such  seal;  to  per- 
form the  duties  required  of  him  by  the  next  sec- 
tion; to  report  to  the  common  council  on  the  first 
Monday  of  each  and  every  month  a  full  and  de- 
tailed statement  of  the  receipts  and  disbursements 
of  the  treasury  during  the  preceding  month,  and 
the  state  of  each  particular  fund,  which  statement 


TOG  Municipal   Corporations. 

shall  be  verifierl  by  his  oath;  to  administer  and 
certify  oaths  and  affirmations;  to  perform  such  du- 
ties in  and  about  the  assessment,  levy,  and  collec- 
tiOQ  of  taxes  and  assessments  as  may  be  prescribed 
by  law  or  ordinance;  to  appoint  deputies;  and  to 
perform  such  other  and  further  duties  as  the  com- 
mon council  may  by  ordinance  prescribe. 
Treasurer. 

Sec.  5.52.  It  shall  be  the  duty  of  the  treasurer 
to  receive,  upon  the  order  of  the  clerk,  all  moneys 
due  or  belon.^ing  to  the  city,  for  which  ho  shall 
give  his  receipt,  which  receipt  shall  be  filed  with 
the  clerk  by  the  person  making  such  payment,  and 
the  clerk  shall  give  to  such  persons  his  receipt 
therefor,  which  receipt  shall  be  the  only  evidence 
of  payment.  He  shall  pay  all  warrants  drawn  by 
authority  of  and  in  accordance  with  law.  He  shall 
perform  such  duties  in  the  collection  of  taxes  or 
assessments  as  are  or  may  be  prescribed  by  law 
or  ordinance.  He  shall,  on  the  first  Monday  of 
each  and  every  month,  present  to  the  common 
council  a  full  and  detailed  statement  of  the 
amount  of  money  belonging  to  the  city  received 
by  him,  and  by  him  disbursed  during  the  preced- 
ing month,  and  the  state  of  each  particular  fund, 
which  statement  shall  be  verified  by  his  oath.  Be 
may  appoint  deputies  by  and  with  the  consent  ot 
the  common  council,  and  shall  perform  such  other 
duties  as  are  or  may  be  prescribed  by  laAV  or  ordi- 
nance. 
Compensation,  how  fixed. 

Sec.  553.  The  common  council  shall,  by  ordi- 
nances not  inconsistent  with  the  provisions  of  this 
chapter,  prescribe  the  duties  of  all  officers,  and  fix 
their   compensation. 


.-Vrticlc   \^— Judicial  Department. 

Police  and  justices'  courts. 

Sec.  560.  The  .judicial  power  of  the  city  shall  be 
vested  in  a  i)olice  court,  to  be  held  by  the  police 
judge  of  such  city.  Said  police  court  shall  have 
.iurisdiclion,  concurrently  with  the  justices'  courts. 


Municipal  Corporations.  797 

of  all  criminal  actions  and  proceedings  arising 
within  the  corporate  limits  of  such  '^ity,  and 
which  might  be  tried  in  such  justices'  courts;  and 
shall  have  exclusive  jurisdiction  of  all  actions  foe 
the  recovery  of  any  fine,  penalty,  or  forfeiture  pre- 
scribed for  the  breach  of  any  ordinance  of  such 
city,  of  all  actions  founded  upon  any  obligation  or 
liability  created  by  any  ordinance,  and  of  all  prose- 
cutions for  any  violation  of  any  ordinance.  The 
rules  of  practice  and  mode  of  proceeding  in  said 
police  court  shall  be  the  same  as  are  or  may  be 
prescribed  by  law  for  justices'  courts  in  lilje  cases; 
and  appeals  may  be  taken  to  the  superior  court 
of  the  county  in  which  such  city  may  be  situated 
from  all  judgments  of  said  police  court,  in  like 
manner  and  with  like  effect  as  in  cases  of  appeals 
from  justices'  courts.  Said  court  shall  be  a  court 
of  record. 
Police  judge. 

Sec.  561.  The  police  judge  shall  be  judge  of  the 
police  court,  and  shall  have  the  powers  and  per- 
form the  dutes  of  a  magistrate.  He  may  adminis- 
ter and  certify  oaths  and  affirmations,  and  take 
and  certify  acknowledgments. 
When  disqualified. 

Sec.  562.  In  all  cases  in  which  the  police  judge 
is  a  party,  or  in  which  he  is  interested,  or  when  he 
is  related  to  either  party  by  consanguinity  or  affin- 
ity within  the  third  degree,  or  is  otherwise  dis- 
qualified, or  in  case  of  his  sicls;ness  or  inability  to 
act,  the  mayor  may  call  in  a  justice  of  the  peace 
residing  in  the  city  to  act  in  the  place  and  stead 
of  the  police  judge;  or  if  there  be  no  justice  of  the 
peace  residing  in  the  city,  or  if  all  those  so  resid- 
ing are  likewise  disqualified,  then  he  may  call  in 
any  justice  of  the  peace  residing  in  the  county 
in  which  such  city  may  be  situated. 
Clerk  of  court. 

Sec.  563.  The  common  council  shall  appoint,  up- 
on the  nomination  of  the  mayor,  a  clerk  for  said 
police  court.  Said  clerk  shall  keep  the  records  of 
said  court  and  the  seal  thereof,  and  perform  such 
other  duties  as  may  be  required  of  him  by  law  or 
ordinance.  He  shall  receive  a  salary  of  one  hun- 
dred dollars  per  month.  The  council  shall  also 
provide  a  seal  for  said  jjolice  court. 


Municipal  Corporations. 


Article  YI.— School  Department. 

Board  of  education. 

Sec.   570.    From   and   after  the  organization   of 
each  of  such  cities,  the  same  shall  constitute  a  sep- 
arate school  district,  which  shall  be  governed  by 
the  board  of  education  of  such  city. 
Vacancies. 

Sec.  571.  In  case  a  vacancy  shall  occur  in  the 
office  of  school  director,  the  board  of  education 
shall  choose  a  person  to  fill  such  vacancy,  who 
shall  serve  until  the  next  election,  when,  if  the 
term  does  not  then  expire,  a  person  shall  be  elect- 
ed to  serve  for  the  remainder  of  such  unexpired 
term. 
Meetings. 

Sec.  572.  The  board  of  education  shall  meet  ou 
the  second  Tuesday  after  such  general  municipal 
election,  and  choose  one  of  its  members  as  presi- 
dent, and  another  as  vice-president.  Its  regular 
meetings  shall  thereafter  be  held  as  often  as  twice 
in  each  month,  and  the  time  and  place  for  holding 
such  meetings  shall  be  fixed  by  a  rule  of  said 
board.  Special  meetings  of  said  board  may  be 
held  when  called  by  written  notice,  signed  by  its 
president,  or  three  of  its  members,  and  delivered 
personally  to  each  of  its  members  who  shall  not 
have  signed  the  same.  Four  members  shall  con- 
stitute a  quorum,  and  no  business  shall  be  trans- 
acted by  said  board  of  education  without  the  con- 
currence of  four  of  its  members;  but  a  majority 
of  the  members  present  at  any  meeting  may  ad- 
journ from  time  to  time.  All  meetings  of  saJd 
board  of  education  shall  be  public,  and  full  records 
of  its  proceedings  shall  be  kept  by  the  school  sup- 
erinrmidciit.  who  shall  be  ex  oflicio  clerk  of  said 
board  of  education. 
Powers  of  board. 

Sec.  573.    Tlie  board  of    education    shall    have 
power: 
To  maintain  schools. 

1.  To  establish  and  maintain  public  schools,  and 
to  subdivide  the  school  districts,  and  to  fix  and  al- 
ter the  boundaries  of  such  subdivisions. 


Muuicipal  Corporations.  799 

Superintendent. 

2.  To  appoint  a  school  superintendent,  who  shall 
hold  office  durins:  their  pleasure,  and  to  prescribe 
his  duties,  and  fix  his  compensation. 
Employees. 

3.  To  employ  and  dismiss  teachers,  janitors, 
truant-officers,  and  school-census  marshals,  and  to 
fix,  alter,  allow,  and  order  paid  their  salaries  or 
compensation;  and  to  employ  and  pay  such  me- 
chanics and  laborers  as  may  be  necessary  to  carry 
into  effect  the  powers  hereby  conferred. 
Regulation  of  schools. 

4.  To  make,  establish,  and  enforce  all  necessary 
or  proper  rules  and  regulations,  not  in  conflict  with 
the  laws  of  this  state,  for  the  government  and 
management  of  public  schools  within  such  city, 
the  teachers  thereof,  and  the  pupils  therein,  and 
for  carrying  into  effect  the  laws  relating  to  educa- 
tion. 

Supplies. 

5.  To  provide  for  the  school  department  of  such 
city  fuel  and  lights,  water,  printing,  and  station 
ery,  and  to  incur  such  other  incidental  expenses 
as  may  be  deemed  necessary  by  said  board. 
Building  and  repairs. 

6.  To  build,  alter,  repair,  rent,  and  provide 
school-houses,  and  to  furnish  the  same  with  proper 
school  furniture,  apparatus,  and  appliances,  and 
to  insure  any  and  all  school  property. 

Real  estate. 

7.  To  purchase,  receive,  lease,  and  hold  in  fee. 
in  trust  for  such  city,  any  and  all  real  estate  and 
personal  property  that  may  have  been  acquired, 
or  may  hereafter  be  acquired,  for  the  use  and  ben- 
efit of  the  schools  of  such  city;  provided,  that  no 
real  estate  shall  be  bought,  sold,  or  exchanged,  nor 
any  expenditure  incurred  for  the  construction  of 
new  school-houses,  without  the  approval  of  the 
common  council;  and  provided  further,  that  the 
proceeds  of  any  such  sale  or  exchange  of  real  es- 
tate shall  be  exclusively  applied  to  school  pur- 
poses. 

Improvement. 

8.  To  grade,  fence,  and  improve  all  school  lots. 


800  Municipal  Corporations. 

To  determine  moneys  needed. 

9.  To  determine  annually  the  amount  of  money 
required  for  the  support  of  the  public  schools,  and 
for  carrying  into  effect  all  the  provisions  of  law 
in  reference  thereto;  and  in  pursuance  of  this  pro- 
vision, the  board  of  education  shall,  at  least  ten 
days  before  the  meeting  of  the  common  council 
at  which  the  annual  city  taxes  are  levied,  submit 
in  writing  to  the  common  council  a  careful  esti- 
mate of  the  whole  amount  of  money  to  be  received 
from  the  state  and  county,  and  of  the  amount  to 
be  required  from  such  city  for  the  above-men- 
tioned purpose;  and  the  amount  so  found  to  be  re- 
quired from  the  city  shall,  by  the  common  council. 
be  added  to  the  other  amounts  to  be  assessed  and 
collected  for  city  purposes,  and  when  collected,  the 
proceeds  thereof  shall  be  immediately  paid  into  the 
school  fund  of  such  city,  to  be  drawn  out  only 
upon  the  order  of  the  board  of  education;  provided, 
that  such  annual  tax  shall  not  exceed  twenty-five 
cents  on  each  one  hundred  dollars  of  the  assessed 
valuation  of  the  real  and  personal  property  within 
such  city. 

Disbursement  regulations. 

10.  To  establish  regulations  for  the  just  and 
equal  disbureement  of  all  moneys  belonging  to  the 
school  fund. 

Incumbrances. 

11.  To  discharge  all  legal  incumbrances  existing 
at  the  time  of  the  incorporation  of  such  city,  or 
thereafter,  on  any  school  property  within  such  city. 
Admission  of  non-residents. 

12.  To  admit  non-resident  children,  and  persons 
over  twenty-one  years  of  age,  to  any  of  the  de- 
partments of  the  schools  of  such  city,  upon  the 
payment,  monthly,  in  advance,  to  the  "treasurer  of 
such  city,  for  the  school  fund,  of  such  tuition  fee 
as  said  board  may  establish. 

Age  limit. 

13.  To  prohibit  any  children  under  six  years  of 
age  from  attending  the  public  schools. 

Grades   and   text-books. 

14.  To  establish  and  regulate  the  grades  of 
schools  in  such  city,  and  the  course  of  study,  and 
the  mode  of  instruction  to  be  pursued  therein, 
and  to  determine  what  text-books  shall  be  used. 


Municipal  Corporations.  801 

Other  acts. 

15.    To  do  and  perform,  in  addition  to  the  fore- 
going: powers,  such  other  acts  as  may  be  neces- 
sary  or   proper   to  carry   into   effect   the  powers 
hereby  conferred. 
Board  may  sue. 

Sec.  574.  The  board  of  education  may  sue  and 
be  sued  by  their  name  of  office.  In  any  action  or 
judicial  proceeding  against  said  board,  service  of 
process  upon  the  president,  or  upon  a  majority  of 
the  members  of  the  board,  shall  be  sufficient  to 
give  the  court  jurisdiction  to  hear  and  determine 
the  same. 
County  treasurer  to  pay  over. 

Sec.  575.  All  moneys  received  by  the  treasurer 
of  the  county  wherein  such  city  may  be  situated, 
on  account  of  the  school  fund  of  such  city,  or  the 
school  district  consisting  of  the  same,  and  all  sums 
received  into  the  county  treasury,  which  may  be 
apportioned  to  said  city  or  district,  shall  be  paid 
to  the  treasurer  of  such  city  by  the  treasurer  of 
such  county,  as  soon  as  received,  or  as  soon  as  the 
apportionment  shall  be  made,  when  apportionment 
is  necessary. 
Powers  of  president. 

Sec.  576.  The  president  of  the  board  of  educa- 
tion shall  have  power  to  administer  oaths  and  af- 
firmations coiiceruiug  any  demand  upon  the  treas- 
ury, payable  out  of  the  school  fund,  and  in  all 
other  matters  relating  to  the  duties  of  the  board  of 
education,  and  to  witnesses  examined  in  any  in- 
vestigation had  by  such  board  of  education,  or  by 
a  committee  thereof,  duly  appointed  by  it  for  that 
purpose. 
Same. 

Sec.  577.  Said  president  may  issue  subpoenas 
under  his  hand  and  the  seal  of  such  city,  attested 
by  the  city  clerk,  to  compel  the  attendance  of  wit- 
nesses before  such  board  of  education,  or  commit- 
tee thereof,  who  shall  be  entitled  to  the  same  fees 
as  witnesses  in  civil  cases,  and  who  may  be  pun- 
ished for  contempt  for  non-attendance,  or  refusal 
to  be  sworn,  or  to  answer,  by  the  superior  court 
of  the  county  in  whicli  such  city  may  be  situated. 


802  Municipal  Corporations. 

Claims. 

Sec.  578.  Every  claim  payable  out  of  the  school 
fund  shall  be  filed  with  the  clerk  of  the  board  of 
education,  and  after  it  shall  have  been  approved 
by  the  board,  a  certificate  of  such  approval  shall 
be  indorsed  thereon,  signed  by  the  president  and 
clerk;  and  a  warrant  upon  the  school  fund  shaU 
be  issued  thereon  for  the  payment  of  such  claim, 
which  warrant  shall  be  signed  by  the  president 
of  such  board,  and  countersigned  by  the  clerk,  and 
shall  specify  for  what  purpose  the  same  is  drawn. 
Entire  revenue  for  schools. 

Sec.  579.  The  entire  revenue  derived  by  such 
city  from  the  state  school  fund  and  the  state 
school  tax  shall  be  applied  by  said  board  of 
education  exclusively  to  the  support  of  primary 
and  grammar  schools. 


Article  V'll.— Miscellaneous  Provisions. 

Moneys  collected. 

Sec.  590.  Every  officer  collecting  or  receiving 
any  moneys  belonging  to  or  for  the  use  of  such 
city  shall  settle  for  the  same  with  the  clerk  on  the 
first  Monday  in  each  month,  and  immediately  pay 
the  same  into  the  treasury,  on  the  order  of  the 
clerk,  for  the  benefit  of  the  funds  to  which  such 
moneys  respectively  belong. 
No  officer  to  be  interested  in  contracts. 

Sec.  591.  No  officer  of  such  city  shall  be  inter- 
ested, directly  or  indirectly,  in  any  contract  with 
such  city,  or  with  any  of  the  officers  thereof,  In 
their  official  capacity,  or  in  doing  any  work  or  fur- 
nishing any  supplies  for  the  use  of  such  city  or  its 
officers  in  their  official  capacity;  and  any  claim  for 
compensation  for  work  done,  or  supplies  or  mate- 
rials furnished,  in  which  any  such  officer  is  inter- 
ested, shall  be  void,  and  if  audited  and  allowed 
shall  not  be  paid  by  the  treasurer.  Any  willful 
violation  of  the  provisions  of  this  section  shall  be 
a  ground  for  removal  from  office,  and  shall  be 
deemed  a  misdemeanor,  and  punished  as  such. 


Municipal  Corporations.  803 


CHAPTER  V. 

Municipal  Corporations  of  the  Fourth  Class. 

(Charter  for  cities  having  a  population  of  more 
than  10,000  and  not  exceeding  15,000.) 

Article  I.— General  Powers. 

Fourth  class. 

Sec.  600.  Every  municipal  corporation  of  the 
fourth  class  shall  be  entitled  the  city  of  —  (naming 
it),  and  by  such  name  shall  have  perpetual  succes- 
sion, may  sue  and  be  sued  in  all  courts  and  places, 
and  in  all  proceedings  whatever,  and  shall  have 
and  use  a  common  seal,  and  the  same  alter  at 
pleasure;  may  purchase,  receive,  have,  take,  hold, 
lease,  use,  and  enjoy  property  of  every  name  or 
description,  and  control  and  dispose  of  the  same 
for  the  common  benefit. 


Article  II.— General  Provisions  Relating  to  Officers. 

Officers. 

Sec.  601.  The  officers  of  such  city  shall  consist 
of  a  mayor,  twelve  councilmen,  a  collector,  who 
shall  also  be  street  commissioner,  an  assessor,  treas- 
urer, city  clerk,  police  judge,  city  attorney,  chief 
of  police,  superintendent  of  public  schools,  and  two 
school  trustees  for  each  ward;  and  whenever  a  free 
public  library  and  reading-room  is  established 
therein,  five  trustees  thereof;  and  the  council  may 
also  provide  for  the  election,  by  the  voters  of  said 
city,  or  by  said  council,  of  a  superintendent  of  irri- 
gation. The  city  council  may  also  elect  a  city  sur- 
veyor, harbor-master,  pound-keeper,  and  city  jail- 
er, and  whenever  a  paid  fire  department  shall  be 
established  in  such  city,  a  chief  engineer,  and  one 
or  more  assistant  engineers,  and  any  other  officer 


80-1  Municipal  Corporations. 

necessary  to  carry  out  tlie  provisions  of  this  chap- 
ter, and  for  whose  election  or  appointment  no 
provision  is  made,  and  may  by  ordinance  pre- 
scribe the  duties  of  all  city  officers,  and  fix  their 
compensation,  subject  to  the  limitations  herein 
contained. 
Election  under  this  act. 

Sec.  602.  On  the  first  Tuesday  after  the  first 
Monday  of  November  of  each  odd-numbered  year 
a  municipal  election  shall  be  held,  at  which  the 
qualified  voters  of  such  city  shall  elect  one  school 
trustee  for  each  ward,  and  six  councilmen,  to  be 
voted  for  by  the  wards  they  may  respectively  rep- 
resent, and  each  to  hold  office  for  the  term  of  four 
years,  and  until  the  qualification  of  his  successor; 
and  also  a  mayor,  an  assessor,  a  collector  and 
street  commissioner,  city  attorney,  police  judge, 
chief  of  police,  and  superintendent  of  public 
schools,  who  shall  each  hold  office  for  two  years, 
and  until  the  qualification  of  a  successor;  provided, 
that  at  the  first  election  held  after  the  or.2:aniza- 
tion  of  such  city  under  this  act  such  city  shall 
elect  two  school  trustees  for  each  ward,  and 
twelve  councilmen,  who  shall,  at  the  first  meeting 
of  the  city  council  and  board  of  education,  respec- 
tively, decide  by  lot  their  terms  of  office:  six  of 
said  councilmen  and  one-half  of  the  number  of 
school  trustees  to  hold  for  the  term  of  four  years, 
and  the  others  for  the  term  of  two  years,  and  in 
each  case  until  the  qualification  of  their  succes- 
sors. 
Provisions  concerning  elections. 

Sec.  603.  The  city  council  shall  call  all  city  elec- 
tions, designate  the  time  and  place  of  holding  the 
same,  giving  at  least  ten  days'  notice  thereof,  and 
shall  appoint  one  inspector  or  clerk,  and  two 
judges  of  election,  for  each  ward  or  election  pre- 
cinct in  such  city,  who  shall  appoint  two  clerks, 
and  all  shall  take  the  oath  of  office  prescribed  by 
law  for  inspectors,  judges,  and  clerks  of  state  vand 
county  elections.  All  provisions  of  law  regulat- 
ing elections  for  state  and  county  officers,  not  con- 
fiicting  herewith,  shall  apply  to  elections  under 
this  chapter.  The  polls  for  all  city  elections  shall  be 
open  at  eight  o'clock  A.  M.,  and  continue  open  un- 


k 


Municipal  CoiiDorations.  805 

til  five  o'clock  P.  M.,  the  same  day.  If  any  officer 
so  appointed  shall  fail  to  attend,  those  attending, 
with  the  electors  assembled,  shall  fill  their  places 
by  others  from  the  qualified  electors  present.  All 
returns  of  city  elections  shall  be  made  out  and 
signed  by  the  officers  of  such  election  in  the  usual 
form,  and  deposited  with  the  city  clerk  within 
two  days  after  the  election.  The  persons  having 
the  plurality  of  the  votes  cast  for  each  of  the  re- 
spective offices  voted  for  shall  be  declared  elected. 
No  person  shall  vote  at  any  city  election  unless  he 
shall  be  an  elector  for  state  and  county  officers, 
and  shall  have  actually  resided  within  such  city, 
and  in  the  precinct  where  he  may  offer  to  vote, 
thirty  days  preceding  such  election;  provided,  that 
any  elector  who  may  remove  from  one  precinct  to 
another  within  thirty  days  prior  to  such  election 
may,  if  a  qualified  voter  therein  at  the  time  of  re- 
moval, vote  in  the  precinct  from  which  he  may 
have  moved.  If  any  person  not  having  the  legal 
qualifications  of  an  elector  at  any  city  election 
shall  fraudulently  vote,  or  attempt  to  vote,  or 
knowingly  hand  in  two  or  more  ballots  folded  to- 
gether, or  shall  vote,  or  attempt  to  vote,  more  than 
once  at  the  same  election,  such  person  or  persons, 
on  conviction  thereof,  shall  be  fined  in  any  sum  not 
less  than  twenty  nor  more  than  five  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  for  any 
period  not  more  than  three  months,  or  may  be  pun- 
ished by  both  such  fine  and  imprisonment. 
City  council  to  canvass  vote. 

Sec.  604.  On  the  Monday  following  the  election, 
the  city  council  shall  convene  and  publicly  canvass 
the  result,  and  shall  issue  certificates  of  election 
to  each  person  elected  by  a  plurality  of  votes. 
When  two  or  more  persons  have  received  an  equal 
and  highest  number  of  votes  for  any  one  of  the 
offices  voted  for,  the  city  council  shall  thereafter, 
at  its  first  regular  meeting,  decide  by  vote  between 
the  parties  which  shall  be  elected.  If  the  city 
council  from  any  cause  fail  to  meet  on  the  day 
named,  the  mayor  shall  call  a  special  meeting  of 
said  council  within  five  days  thereafter,  and  in  ad- 
dition to  the  notice  provided  for  calling  special 
(leii.  Ijmws — 68 


806  Municipal  Coi-porations. 

meetings,  shall  publish  the  same  on  two  succes- 
sive days  in  some  newspaper  published  in  such 
city.  If  the  mayor  fail  to  call  said  meeting  within 
said  five  days,  any  four  councilmen  may  call  it. 
At  such  special  meeting  all  elections,  appoint- 
ments, or  other  business  may  be  transacted  that 
could  have  been  on  the  day  first  herein  named. 
Ofiice,  when  vacant. 

Sec.  605.  Each  officer  of  such  city  shall  take 
the  oath  of  office,  and  such  as  may  be  required  to 
give  bond,  file  the  same,  duly  approved,  within  ten 
days  after  receiving  notice  of  his  election  or  ap- 
pointment, or  if  no  notice  be  received,  then  on  or 
before  the  date  fixed  for  the  assumption  by  him  of 
the  duties  of  the  office  to  which  he  may  have  been 
elected  or  appointed;  but  if  any  one,  either  elected 
or  appointed  to  office,  fail  for  ten  days  to  qualify 
as  required  by  law  or  to  enter  upon  his  duties  at 
the  time  fixed  by  law  or  the  orders  of  the  ci^-y 
council,  then  such  office  shall  become  vacant;  or  if 
any  such  officer  shall  absent  himself  from  such  city 
continuously  for  ten  days  without  the  consent  of 
the  city  council,  or  shall  openly  neglect  or  refuse  to 
discharge  his  duties,  such  office  may  be  by  the  city 
council  declared  vacant;  provided,  that  the  penalty 
for  absence  from  the  city  shall  not  apply  to  such 
officers  as  serve  without  salary  or  other  compen- 
sation. Such  officers  as  are  elected  by  the  voters 
of  the  city  shall  enter  upon  their  duties  on  the 
first  Monday  of  January  next  succeeding  the  date 
of  their  election;  such  officers  as  are  appointed  or 
elected  by  the  city  council  shall  enter  upon  their 
duties  within  ten  days  after  receiving  notice  of 
their  appointment  or  election. 
Unexpired  term. 

Sec.  606.  When  any  vacancy  occurs  in  any  elec- 
tive office,  except  the  mayor,  the  city  council  may 
fill  the  same  for  the  unexpired  term,  except  in 
case  of  city  councilmen,  or  school  trustees,  wiiich 
shall  be  filled  until  the  next  city  election,  and  until 
the  qualification  of  a  successor.  The  city  council 
may,  upon  M^ritten  charges  to  be  entered  u])oii 
their  journal,  after  notice  to  the  party,  and  after 
trial,  by  a  vote  of  two-thirds  of  all  the  members 
elect,  remove  any  officer. 


Mnnieipal  Corporations.  807 

Official  bonds. 

Sec.  607.  It  shall  be  the  duty  of  the  city  council 
to  provide  for  the  accountability  of  the  city  asses- 
sor, treasurer,  clerk,  police  judge,  collector,  and 
street  commissioner,  city  attorney,  and  all  other 
officers  herein  provided  for,  by  requiring  from  them 
sufficient  security  for  the  faithful  performance 
of  their  duties  or  trusts,  which  security  shall  be 
given  by  them  before  entering  on  their  respective 
duties.  If  such  security  should*  be  or  become  in- 
sufficient, additional  security  may  be  required,  and 
if  not  given  within  ten  days,  the  council,  by  a  vote 
of  two  thirds  of  the  members,  may  declare  the  of- 
fice vacant,  and  may  thereafter  fill  the  same. 
Compensation. 

Sec.  608.  The  mayor,  councilmen,  and  school 
trustees  shall  not  receive  any  salary  or  compen- 
sation for  their  services;  provided,  that  members 
of  the  city  council,  or  a  committee  thereof  for 
that  purpose  appointed,  may  receive  for  their  ser- 
vices, while  acting  as  a  board  of  equalization,  a 
sum  to  be  determined  by  the  council,  not  to  ex- 
ceed for  each  one  five  dollars  per  day,  for  each 
day  while  actually  so  engaged,  for  two  weeks  in 
each  year,  and  no  longer. 
Street  commissioner. 

Sec.  609.    The  collector  and  street  commissioner 
shall  receive  a  salary,  to  be  fixed  by  the  city  coun- 
cil, which  shall  not  exceed  the  sum  of  fifteen  hun- 
dred dollars  per  annum. 
No  additional  compensation. 

Sec.  610.  The  city  council  shall  have  no  power 
to  allow  any  extra  or  additional  compensation  to 
that  in  this  chapter  expressly  authorized  to  any 
officer  for  the  rendition  of  services  that  the  city 
council  have  power  to  require  the  officer  to  per- 
form by  virtue  of  his  office. 

Ward  division. 

Sec.  611.  In  case  any  such  city  shall,  at  the  time 
of  its  organization  under  this  act,  be  divided  into 
wards,  such  divisions  shall  continue,  but  the  city 
council  may,  at  any  time  not  within  three  months 
previous  to  an  annual  city  election,  change  the 
boundaries  of  such  wards,  or  divide  it  into  others, 
not  exceeding  six  in  number;  provided,  that  such 


808  Municipal  Corporations. 

cliange  shall  not  affect  the  term  of  office  of  any 
■councilman  or  school  trustee,  but  they  shall  serve 
out  their  term  for  the  M^ard  in  which  their  resi- 
dence may  be;  but  if  more  reside  within  any  one 
ward  than  the  proportion  to  which  it  is  entitled, 
those  of  the  shortest  unexpired  term  shall,  by  the 
council,  be  assigned  for  such  unexpired  term  to  a 
ward  where  there  is  a  vacancy.  The  representa- 
tion of  each  ward  in  the  city  council  shall  be  as 
near  as  may  be  Jn  proportion  to  its  population, 
but  each  ward  shall  have  two  school  trustees. 


Article  111.— Legislative  Department. 

City  council. 

vSec.  620.  The  mayor  and  eouncilraen  of  the 
several  wards  shall  constitute  the  city  council, 
and  at  its  first  meeting  in  January  next  after  a 
city  election  shall  elect  a  city  clerk,  city  treasurer, 
and  one  of  their  own  body  as  president  of  the  city 
council,  and  at  any  time  when  the  mayor  and 
president  are  both  absent,  may  elect  a  president 
pro  tem.,  who  shall  act  during  such  absence. 
They  shall  also,  at  such  time,  designate  the  num- 
ber of  policemen  for  such  city,  to  be  elected  as 
hereinafter  provided. 
Meetings. 

Sec.  621.  A  majority  of  the  councllmon  elect 
shall  constitute  a  quorum  for  the  transaction  of 
business.  A  less  number  may  adjourn  from  time 
to  time,  and  they  may  compel  the  attendance  of 
absent  members.  The  council  may  punish  their 
members  for  disorderly  conduct,  and  upon  written 
charges  to  be  entered  on  their  journal,  for  such 
conduct,  after  trial,  may  expel  a  member  by  a  vote 
of  two  thirds  of  all  the  members  elected.  The 
mayor  shall  have  a  vote  only  in  case  of  a  tie  in 
the  votes  of  the  other  members.  They  shall  de- 
termine their  rules  of  proceeding  and  the  qualifi- 
cation of  members.  The  sittings  of  the  council 
shall  be  open  to  the  public,  except  where  the  in- 
terests of  the  city  shall  require  secrecy.  A  .iournal 
of  all  their  proceedings  sliall  be  kept  by  the  clerk 


Municipal  Corporations.  809 

under  their  direction.    At  any  time,  at  the  request 

of  any  two  members,  the  ayes  and  noes  on  any 

question  shall  be  taken    and    entered    upon    the 

journal. 

Powers  of  council. 

Sec.  622.  The  city  council  shall  have  power  and 
authority  to  make  and  pass  all  by-laws,  ordi- 
nances, orders,  and  resolutions  not  repugnant  to 
the  constitution  of  the  United  States  or  of  the 
state  of  California,  or  the  provisions  of  this 
charter,  necessary  for  the  municipal  government 
and  the  management  of  the  affairs  of  the  city,  for 
the  execution"  of  the  powers  vested  in  said  body 
corporate,  and  for  carrying  into  effect  the  provi- 
sions of  this  chapter;  to  fix  and  collect  a  li^ens-t* 
tax  on  and  to  regulate  theaters,  melodeons,  balls, 
concerts,  dances,  and  all  theatrical',  melodeon,  cir- 
cus, or  other  performances,  and  all  performances 
where  an  admission  fee  is  charged,  or  which  may 
be  held  in  any  house  or  place  where  wines  or 
liquors  are  sold  to  the  participators;  also  all 
shows,  billiard-tables,  bowling-alleys,  exhibitions, 
or  amusements;  to  fix  and  collect  a  license  tax  on 
and  to  regulate  all  taverns,  hotels,  restaurants,, 
saloons,  bar-rooms,  banks,  brokers,  manufactories* 
livery-stable  keepers,  express  companies,  and  per- 
sons engaged  in  transmitting  letters  or  packages^ 
railroad,  stage,  and  steamboat  companies  or  own- 
ers, whose  principal  place  of  business  is  in  such 
city,  or  who  shall  have  an  agency  therein;  to  li- 
cense and  regulate  auctioneers;  to  license,  regu- 
late, tax,  prohibit,  or  suppress  all  tippling-houses, 
dram-shops,  saloons,  bars,  bar-rooms,  raffles, 
hawkers,  peddlers,  pawn-brokers,  refreshment  or 
coffee  stands,  booths,  or  sheds;  to  prohibit  or  sup- 
press, or  to  license  and  regulate,  all  dance-houses, 
fandango-houses,  cock-fights,  dog-fights,  or  any 
exhibition  or  show  of  any  animal  or  animals;  to 
license  and  tax  hackney-coaches,  cabs,  omnibuses, 
drays,  market-wagons,  and  all  other  vehicles  used 
for  hire,  and  to  regulate  their  stands,  and  to  fix 
the  rates  to  be  charged  for  the  transportation  of 
persons,  baggage,  and  property;  and  to  license  or 
suppress  runners  for  steamboats,  railroads,  tav- 
erns, or  hotels;  and  to  fix  and  collect  a  licen^'.e  tax 


SIO  Municipal  Corporations. 

upon  all  occupations  and  trades,  and  all  and  e\evy 
kind  of  business  authorized  by  law,  not  heretofore 
specified:  and  provided,  that  in  the  business  of 
selling  intoxicating  drinks,  wines,  ales,  and  beers, 
in  less  quantities  than  one  quart,  or  to  be  drank 
on  the  premises  where  sold,  and  on  any  other 
business,  trade,  or  calling  not  provided  by  law  to 
be  licensed  for  state  and  county  purposes,  the 
amount  of  license  shall  be  fixed  at  the  discretion 
of  the  city  council,  as  they  may  deem  the  interests 
and  good  order  of  the  city  may  require;  also  to 
prevent  and  restrain  any  riot  or  riotous  assem- 
blage, disturbance  of  the  peace,  or  disorderly  con- 
duct, in  any  place,  house,  or  street  in  the  city;  to 
prevent,  remove,  and  abate  nuisances  at  the  ex- 
pense of  the  parties  creating,  causing,  or  commit- 
ting, or  maintaining  the  same;  to  establish,  main- 
tain, and  regulate  a  common  pound  for  estrays, 
and  to  appoint  a  pound-keeper,  who  shall  be  paid 
out  of  the  fines  and  fees  imposed  and  collected  of 
the  owners  of  any  animals  impounded,  and  from 
no  other  source;  to  prevent  and  regulate  the  run- 
ning at  large  of  any  and  all  domestic  animals 
within  the  city  limits,  or  any  parts  thereof;  and  to 
regulate  or  prevent  the  keeping  of  such  animals 
within  any  part  of  the  city;  to  control  and  regu- 
late slaughter-houses,  wash-houses,  laundries, 
tanneries,  forges,  and  offensive  trades,  and  to  pro- 
vide for  their  exclusion  or  removal  from  the  city 
limits,  or  from  any  part  thereof;  to  provide,  by 
regulation,  for  the  prevention  and  summary  re- 
moval of  all  filth  and  garbage  in  the  streets, 
sloughs,  alleys,  back  yards,  or  public  grounds  of 
such  city,  or  elsewhere  therein;  to  establish,  alter, 
and  repair  city  prisons,  and  to  provide  for  the 
regulation  of  the  same,  and  for  the  safe-keeping 
of  persons  committed  thereto;  to  provide  for  the 
care,  feeding,  and  clothing  of  the  city  prisoners; 
to  provide  for  the  formation  of  a  chain-gang  for 
persons  convicted  of  crimes  or  misdemeanors,  and 
their  proper  employment  and  compulsory  workins: 
for  the  benefit  of  the  city;  and  also  to  provide  for 
the  arrest  and  compulsory  working  of  vagrants;  to 
prohibit  and  suppress  all  gaming,  and  all  gamb- 
ling or  disorderly  houses,  and  houses  of  ill-fame, 
and  all  immoral  and  indecent  amusements,  exhibi- 


Municipal  Corporatons,  811 

tions,  and  shows;  to  establish  and  regulate  mar- 
kets and  market-places;  to  fix  and  regulate  the 
speed  at  which  railroad  cars  may  run  within  the 
city  limits,  or  any  portion  thereof;  to  provide  for 
and  regulate  the  commons  of  the  city;  to  regulate 
and  prohibit  fast  driving  or  riding  in  any  portion 
of  the  city;  to  regulate  or  prohibit  the  loading  or 
storage  of  gunpowder  and  combustible  or  explo- 
sive materials  in  the  city,  or  transporting  the 
same  through  its  streets  or  over  its  waters;  to 
have,  purchase,  hold,  use,  and  enjoy  property  of 
every  name  or  kind  whatsoever,  and  the  same  to 
sell,  lease,  transfer,  mortgage,  convey,  control,  or 
improve;  to  build,  erect,  or  construct  houses, 
buildings,  or  structures  of  any  kind  needful  for 
the  use  or  purposes  of  such  city;  to  establish,  con- 
tinue, regulate,  and  maintain  a  fire  department 
for  such  city,  to  change  or  reorganize  the  same, 
and  to  disband  any  company  or  companies  of  the 
said  department;  also  to  discontinue  and  disband 
said  fire  department,  and  to  create,  organize,  es- 
tablish, and  maintain  a  paid  fire  department  for 
such  city;  provided,  that  nothing  in  this  chapter 
shall  be  construed  to  authorize  the  said  city  coun- 
cil to  disband  or  discontinue  the  fire  department 
of  any  city  having,  at  the  time  of  its  organization 
under  this  act,  a  volunteer  fire  department  organ- 
ized and  existing,  or  to  create,  establish,  and 
maintain  a  paid  fire  department  therein,  without 
first  submitting  the  proposition  of  establishing  a 
paid  fire  department  for  such  city  to  the  legal 
voters  thereof,  at  a  general  city  election,  for  de- 
cision, and  not  after  such  election,  unless  thereat 
a  majority  of  all  the  votes  cast  at  such  election 
are  in  favor  thereof;  and  in  the  event  that  any 
time  hereafter  the  volunteer  fire  department  of 
such  city  shall  be  disorganized  or  disbanded,  and 
a  paid  fire  department  established  in  its  stead, 
then  every  person  who  shall  have  been  an  active 
fireman  for  the  space  of  two  years  next  before  the 
date  of  such  disbanding  and  establishing  shall  be 
entitled  to  and  shall  receive  an  exempt  fireman's 
certificate,  and  such  certificate  shall  entitle  the 
person  to  whom  it  is  issued  to  all  benefits  and  im- 
munities accorded  by  the  laws  of  this  state  in  re- 


812  Municipal  Corporations. 

.^ard  to  exempt  firemen;  to  institute  and  perfect 
any  and  all  measures  and  means  for  the  preven- 
tion or  extinguishment  of  fires;  to  establish  fire 
limits,  and  the  same  to  alter  at  pleasure;  to  re.e:u- 
late  or  prevent  the  erection  of  wooden  or  other 
buildings  or  structures  of  combustible  materials; 
to  regulate  the  construction  of  buildings,  sheds, 
awnings,  signs,  or  any  structures  of  a  dangerous 
or  unsafe  character;  to  adopt,  enter  into,  and 
carry  out  means  for  securing  a  supply  of  wnier 
for  the  use  of  such  city  or  its  inhabitants,  or  for 
irrigating  purposes  therein;  to  prevent  the  over- 
flow of  the  city,  or  to  secure  its  drainage:  to  pro- 
vide for  the  numbering  of  houses:  to  establish  a 
board  of  health;  to  prevent  the  introduction  and 
spread  of  disease;  to  establish  a  city  infirmary, 
and  provide  for  the  indigent  sick;  and  to  provide 
and  enforce  regulations  for  the  protection  of 
health,  cleanliness,  peace,  and  good  order  of  the 
city;  to  establish  and  maintain  hospitals  within  or 
without  the  city  limits;  to  control  and  regulate  in- 
terments, and  prohibit  them  within  the  city  limits; 
to  build,  alter,  improve,  keep  in  repair,  and  con- 
trol the  water-front;  to  erect,  regulate,  and  repair 
wharves,  and  to  fix  the  rate  of  wharfage  and  tran- 
sit wharf,  and  levy  dues  upon  vessels  and  com- 
modities, and  to  provide  for  the  regulation  of 
berths,  landing,  stationing,  and  removing  of 
steamboats,  sail  vessels,  rafts,  barges,  and  all 
other  water-craft;  to  fix  the  rate  of  speed  at 
which  steamboats  and  other  steam  water-craft 
may  run  along  the  water-front  of  the  city;  to  build 
bridges  so  as  not  to  interfere  with  navigation;  to 
provide  for  the  removal  of  obstructions  to  the 
navigation  of  any  channel  or  watercourse;  to  clear 
out  and  excavate  sloughs  and  other  watercourses 
or  cliannels;  to  license  steamers,  boats,  and  ves- 
sels us(h1  in  any  watercourse  in  the  city,  and  to 
fix  an<l  collect  a  license  tax  thereon;  to  license 
ferries  and  bridges  under  the  law  regulating  the 
granting  of  such  license;  to  determine  and  impose 
fines  for  forfeitures  and  penalties  that  shall  be 
incurred  for  the  breach  or  violation  of  an.v  city 
ordinance,  and  also  for  a  violation  of  the  provi- 
sions of  this  chapter,  when  no  penalty  is  affixed 
thereto  or  provided  by  law,  and  to  appropriate  all 


Municipal  Corporations.  813 

such  fines,  penalties,  and  forfeitures  for  the  bene- 
fit of  the  city;  but  no  penalty  to  be  enforced  shall 
exceed,  for  any  offense,  the  amount  of  five  Hun- 
dred dollars,  or  three  months'  imprisonment,  or 
both;  and  every  violation  of  any  lawful  order, 
regulation,  or  ordinance  of  the  city  council  of  such 
city  is  hereby  declared  a  misdemeanor  or  public 
offense,  and  all  prosecutions  for  the  same  may  be 
in  the  name  of  the  people  of  the  state  of  Cali- 
fornia; to  create  and  establish  a  city  police,  to 
prescribe  their  duties  and  their  compensation,  and 
to  provide  for  the  regulation  and  government  of 
the  same:  to  provide  for  conducting  elections  and 
establishing  election  precincts,  when  necessary;  to 
examine,  either  in  open  session  or  by  committee, 
the  accounts  or  doings  of  all  officers  or  other  per- 
sons having  the  care,  management,  or  disposition 
of  moneys,  property,  or  business  of  rhe  city;  to 
malce  all  appropriations,  contracts,  or  agreements 
for  the  use  or  benefit  of  the  city,  and  in  the  city''s 
name;  to  provide  by  ordinance  for  the  opening, 
laying  out,  altering,  constructing,  extending,  re- 
pairing, grading,  paving,  graveling,  macadamiz- 
ing, or  otherwise  improving  of  public  streets,  ave- 
nues, and  other  public  ways,  or  any  portion  of 
either  thereof,  and  for  the  construction,  regulation 
and  repair  of  sidewalks,  and  other  street  improve- 
ments, all  at  the  expense  of  the  property  to  be 
benefited  thereby,  without  any  recourse,  in  any 
event,  upon  the  city  for  any  portion  of  the  ex- 
pense of  such  worlv,  or  any  delinquency  of  the 
property  holders  or  owners,  and  to  provide  for  the 
forced  sale  thereof  for  such  purposes,  to  establish 
a  uniform  grade  for  streets,  avenues,  sidewalks, 
and  squares,  and  to  enforce  the  observance  there- 
of; to  clear,  cleanse,  alter,  strnigbten,  widen,  fill 
up,  or  close  any  waterway,  drain,  or  sewer,  or  any 
watercourse  in  such  city,  when  not  declared  by 
law  to  be  navigable;  to  adopt,  provide  for,  estab- 
lish, and  maintain  a  general  system  of  sewerage, 
or  drainage,  or  both,  and  the  regulation  thereof. 
the  expense  thereof  to  be  b.)rne  by  general  taxation 
upon  the  taxable  property  and  inhabitants  of  and 
in  such  city;  to  provide  funds  for  the  purpose 
aforesaid,  and  to  determine  manner,  terms,  and 
place  of  connection  with  main  or  central  lines    of 


814  Municipal  Corporations. 

pipes,  sewers,  or  drains  established  with  funds 
derived  from  general  tax,  and  compel  compliance 
with  and  conformity  to  such  general  system  of 
sewerage,  or  drainage,  or  both,  and  the  regula- 
tions of  said  council  thereto  relating,  by  tho  in- 
fliction of  suitable  penalties  and  forfeitures 
against  person  and  property,  or  either,  for  non- 
conformity to  or  failure  to  comply  with  the  pro- 
visions of  such  system  and  regulations,  or  either; 
to  provide  for  all  public  buildings,  public  parks, 
or  squares,  necessary  or  proper  for  the  use  of  the 
city;  to  permit  the  use  of  the  streets  for  railroad 
purposes;  to  order  paid  any  final  judgment 
against  such  city;  but  none  of  its  lands,  or  prop- 
erty of  any  Ivind  or  nature,  taxes,  revenues,  fran- 
chise, or  rights,  or  interest,  shall  be  attached, 
levied  upon,  or  sold  in  or  under  any  process  what- 
soever; to  regulate  the  sale  of  coal  and  wood  in 
such  city,  and  may  appoint  a  measurer  of  wood 
and  weigher  of  coal  for  the  city,  and  defi?ie  his 
duties,  and  prescribe  his  term  of  ofRce,  and  the 
fees  he  shall  receive  for  his  services;  provided, 
that  such  fees  shall,  in  all  cases,  be  paid  by  the 
parties  requiring  such  service. 
Indebtedness  not  to  exceed  means  in  the  treasury. 

Sec.  623.  The  city  council  shall  not  create, 
audit,  allow,  nor  permit  to  accrue  any  debts  or 
liabilities  above  the  actual  revenue  and  available 
means  in  tlie  treasury  that  may  be  legally  appor- 
tioned for  such  purpose,  nor  shall  any  warrant  be 
drawn,  or  evidence  of  indebtedness  be  issued,  un- 
less there  shall  be  sufficient  money  in  the  treasury 
justly  applicable  to  meet  the  same. 
Council  to  audit  demands. 

Sec.  624.  All  accounts  and  demands  that  shall 
lawfully  arise  against  the  city  shall  be  submitted 
to  the  city  council,  and  if  found  correct  shall  be 
allowed,  and  an  order  be  made  that  the  demand  be 
paid;  upon  which  (if  there  be  funds  in  the  treas- 
ury as  in  the  preceding  section  provided)  the  clerk 
shall  draw  a  warrant,  which  shall  be  counter- 
signed by  the  president  of  the  city  couucil,  upon 
the  treasurer,  in  favor  of  the  owner  or  owners  of 
the  demand,  specifying  for  what  purpose  and  by 
what  authority  it  is  issued,  and  out  of  what  funcf 


Municipal  Corporations.  815 

it  is  to  be  paid,  and  the  treasurer  shall  pay  the 
same  out  of  the  proper  fund.  All  accounts  and 
demands  against  such  city,  other  than  such  as  are 
chargeable  to  or  payable  out  of  the  school  fund, 
must  be  presented  to  the  city  council  duly  item- 
ized, and  accompanied  with  an  affidavit  of  the 
party,  or  his  agent,  stating  the  same  to  be  a  true 
and  legitimate  claim  against  such  city  for  the  full 
amount  for  which  the  same  is  presented,  and  that 
the  same  accrued  as  set  forth,  and  with  all  n«?ros- 
sary  and  proper  vouchers,  within  one  year  from 
the  date  the  same  accrued;  and  any  claim  or  de- 
mand not  so  presented  within  the  time  aforesaid 
shall  be  forever  barred,  and  said  council  shall 
have  no  authority  to  allow  any  account  or  demand 
not  so  presented  in  manner  and  time  as  aforesaid, 
nor  shall  any  action  be  maintained  against  such 
city  for  or  on  account  of  any  demand  or  claim 
against  the  same  until  such  demand  or  claim  shall 
have  first  been  presented  to  the  city  council  for 
action  thereon. 
I.imitation  of  expenditure. 

Sec.  625.  The  annual  expenses  of  such  city 
shall  not  exceed  the  sum  of  one  hundred  thousand 
dollars,  except  in  cities  where  one  per  cent,  on  the 
valuation  of  the  property  therein  raises  more  than 
the  sum  of  one  hundred  thousand  dollars,  and  in 
such  cities  the  annual  expenses  shall  not  exceed 
the  sum  of  one  per  cent,  of  the  valuation  of  the 
property  therein;  provided,  however,  that  moneys 
authorized  to  be  raised  and  expended  for  the  pay- 
ment of  the  funded  or  bonded  indebtedness  of 
such  city,  and  for  school  purposes  in  such  city,  as 
provided  to  be  raised  by  the  provisions  of  this 
chapter,  shall  not  be  considered  a  portion  of  said 
annual  expense.  If,  at  any  time  after  the  said 
sum  shall  have  been  expended  in  any  year,  it 
shall  appear  that  the  interests  of  such  city  de- 
mand an  expenditure  of  an  additional  sum,  the 
city  council  shall  make  a  report  of  the  same, 
which  shall  be  published  for  at  least  three  weeks 
in  some  newspaper  printed  and  published  in  such 
city,  particularly  specifying  the  object  or  objects 
for  which  said  expenditure  is  required,  and  the 
amount  of  money  necessary  to  be  raised  to  com- 


sir.  Municipal  Corporations. 

plete  the  same.  At  any  time  within  ten  days  after 
the  expiration  of  said  publication,  the  city  council 
shall  order  an  election,  giving  ten  days'  notice 
thereof,  at  which  time  those  persons  who  are 
legal  voters  of  such  city  may  vote  for  or  against 
a  tax  to  raise  such  additional  sum.  The  election 
shall  be  conducted  and  returns  made  and  can- 
vassed in  all  respects  as  the  general  elections  of 
such  city,  and  a  majority  shall  determine  if  such 
tax  be  levied  or  not.  If  the  vote  is  in  favov  of 
such  tax,  the  city  council  shall  forthwith,  by  an 
order  to  be  entered  on  the  journal  of  their  pro- 
ceedings, order  the  tax  to  be  levied  and  collected 
upon  the  basis  of  the  last  municipal  assessment, 
and  shall  make  the  proposed  expenditure;  pro- 
vided, that  the  special  tax  thus  to  be  levied  shall, 
for  no  one  year,  be  more  than  one  per  cent,  of  the 
valuation  of  real  and  personal  property  in  the 
city,  as  shown  by  the  last  assessment  roll.  All 
/special  taxes  to  be  levied  and  collected  under  the 
provisions  of  this  section  shall  be  levied  and  col- 
lected in  the  manner,  form,  and  ways  prescribed 
for  the  levying  and  collecting  of  the  general  taxes 
of  such  city;  and  as  a  security  for  their  payment, 
a  lien  shall  attach  to  and  against  each  lot  of  land 
for  the  amount  assessed  against  it  from  the  date 
of  the  order;  and  every  person,  firm,  or  corpora- 
tion against  whom  a  tax  be  thus  assessed  shall  be 
personally  liable  to  pay  the  amount  to  sucii  city. 
Said  lien  shall  continue  until  such  taxes  are  paid, 
or  the  property  become  vested  in  a  purchaser 
under  a  sale  thereof.  [Amendment  approved 
March  10.  1889;  Stats.  1889,  p.  371;  in  effect  im- 
mediately.] 
Excessive  expenditure  void. 

Sec.  626.  Every  appropriation  or  ])nymeni  of 
m.oney  made  or  ordered  by  the  city  coniicil  in  ex- 
cess of  said  sum  stated  in  section  six  hundred  and 
twenty-five,  unless  it  shall  be  authorized  by  a  vote 
of  the  electors  of  such  city,  as  provided  for  in  the 
preceding  section,  shall  be  invalid,  illegal,  and 
void,  and  shall  be  recoverable  by  tlie  city  from  the 
party  or  parties  to  whom  the  same  is  made,  if 
knowingly  taken  or  received  by  such  party  or  par- 
ties;  and   the   members   of   the  city   council    who 


Municipal  Corporations.  817 

shall  have  voted  for  the  same  shall  be  indivi- 
dually, .iointly,  and  severally  liable  for  such  ex- 
cess, and  it  may  be  recovered  from  them  in  any 
court  of  competent  jurisdiction  by  tlie  party  or 
parties  with  whom  they  have  contracred,  or  by 
the  city,  if  payment  has  been  actually  made. 
[Amendmenr.  approved  March  19,  1889;  Stats. 
1889,  p.  371;  in  effect  immediately.] 
Public  streets. 

Sec.  627.  All  the  streets  in  such  city  that  have 
been  or  shall  hereafter  be  laid  out  aud  dedicated 
by  the  party  or  parties  owning  the  laud  fronting 
upon  the  same,  or  by  the  authority  of  such  city, 
and  declared  to  be  public  streets,  and  that  have 
been  or  shall  hereafter  be  used  as  such,  shall  be 
and  are  hereby  declared  public  streets  to  the  ex- 
tent that  the  same  may  have  been  or  shall  here- 
after be  used,  laid  out,  or  dedicated. 
Contracts  for  works  "and  materials. 

Sec.  628.  All  contracts  for  work  to  be  per- 
formed, or  materials  to  be  used,  ordered  by  or  for 
such  city,  or  in  which  it  is  interested,  may  bo,  and 
when  the  cost  exceeds  five  hundred  dollars  shall 
be,  let  to  the  lowest  bidder.  A  notice,  signed  by 
the  clerk,  soliciting  sealed  proposals,  shall  be  pub- 
lished a  reasonable  time,  in  no  case  less  than  ten 
days,  prior  to  the  time  fixed  for  opening  such  bids. 
Such  notice  shall  designate  the  work  to  be  done, 
and  the  place  and  the  time  in  which  it  may  be  per- 
formed and  such  other  specifications  as  may 
tend  to  give  the  bidders  a  knowledge  of  the  object 
to  be  accomplished,  and  with  a  reference  to  the 
diagram  or  specifications  on  file  in  the  clerk's 
office.  On  the  day  limited  in  said  notice  for  the 
opening  of  said  bids  the  council,  or  a  committee 
therefor  appointed,  shall,  in  open  meeting,  open 
and  declare  said  bids  and  award  the  contract  to 
the  lowest  responsible  bidder;  provided,  however, 
that  the  city  council,  or  its  committee,  may  reject 
all  bids  when  considered  too  high  or  uncertain 
from  any  circumstances.  The  council  or  commit- 
tee may,  before  considering  any  offer,  require  se- 
curity that  the  party  will  enter  into  a  contract  if 
awarded  to  him;  and  all  contracts  shall  be  in 
writing,  and  accompanied  with  a  bond  satisfac- 
Gen.  Laws  -69 


818  Municipal  Corporations. 

tory  to  the  mayor.    No  officer  of  such  city  shall  be 
interested  in  any  contract  to  which  the  city  is  a 
party,  and  any  contract  contrary  to  the  provisions 
hereof  shall  be  void. 
Improvement  of  public  hisrhways. 

Sec.  629.  The  city  council  is  authorized  and  em- 
powered to  establish,  lay  out,  alter,  open,  im- 
prove, and  repair  streets,  avenues,  sidewalks, 
alleys,  bridges,  squares,  and  other  public  high- 
ways and  places  within  the  city,  and  to  drain, 
sprinlvle,  and  light  the  same;  to  remove  all  ob- 
structions therefrom;  to  establish  the  grades 
thereof;  to  grade,  pave,  macadamize,  gravel,  and 
curb  the  same,  in  whole  or  in  part,  and  to  con- 
struct gutters,  culverts,  sidewalks,  and  cross- 
walks therein,  or  upon  any  part  thereof;  to  cause 
to  be  planted,  set  out,  and  cultivated,  shade  trees 
along  the  lines  thereof  or  therein,  and  generally  to 
manage  and  control  all  such- highways  and  places. 
Apportionment  of  expense. 

Sec.  630.  The  city  council  shall  have  the  power 
to  provide  by  ordinance  for  doing  any  or  all  work 
in  or  upon  the  streets,  avenues,  highways,  and 
public  places  of  such  city,  and  for  making  therein 
street  improvements  and  repairs,  or  for  the  pres- 
ervation thereof,  and  for  doing  any  or  all  work 
thereupon  or  therein  authorized  by  this  chapter; 
and  for  the  payment  of  the  cost  and  expenses 
thereof  by  the  levy  and  collection  of  specinl  as- 
sessments therefor  upon  the  property  to  be  affect- 
ed or  benefited  thereby.  That  is  to  say,  the  ex- 
pense or  cost  of  any  work  or  improvement  upon 
the  streets,  avenues,  or  public  ways  ot  such  city 
shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  each  lot  or  portion  of  a  lot  being  separ- 
ately assessed  for  the  full  debt  thereof  in  propor- 
tion to  the  benefits  upon  the  property  to  be  bene- 
fited sufficient  to  cover  the  total  expens'j  of  rhe 
work  to  the  center  of  the  street  on  which  it  fronts. 
The  expense  of  all  improvements  in  the  space 
formed  by  the  junction  of  two  or  more  streets,  or 
where  one  main  street  terminates  in  or  crosses 
another  main  street,  and  also  all  necessary  street- 
crossings  or  crossways,  shall  be  paid  by  such  city. 
In  all  the  streets  constituting  the  water-front  of 


Municipal  Corporations.  819 

such  city,  or  bounded  on  the  one  side  by  the  prop- 
erty thereof,  the  expense  of  worl^  done  on  that 
portion  of  said  streets  from  the  center  line  thereof 
to  the  said  water-front,  or  to  such  property  of  the 
city  bounded  thereon,  shall  be  provided  ior  by 
such  city,  but  no  contract  for  any  such  work  shall 
be  given,  except  to  the  lowest  responsible  bidder, 
and  in  the  manner  hereinbefore  provided.  When 
any  work  or  improvement  mentioned  in  this  sec- 
tion is  done  or  made  on  one  side  of  the  center  -ine 
of  said  streets,  avenues,  or  public  ways,  the  lots 
or  portions  of  lots  fronting  on  that  side  only  shall 
be  assessed  to  cover  the  expenses  of  said  work, 
according  to  the  provisions  of  this  chapter. 
Enacting  clause. 

Sec.  631.  The  style  of  the  city  ordinances  shall 
be  as  follows:  "The  mayor  and  city  council  of  the 
city  of  do  ordain  as  follows;"  and  all  ordi- 
nances shall  be  published  in  one  or  more  of  the 
newspapers  published  in  the  city. 
Publication  of  ordinances. 

Sec.  632.  By-laws  and  ordinances  shall  be 
passed  by  the  city  council  and  approved  by  the 
mayor,  or  the  president  of  the  city  council  acting 
in  his  stead.  But  before  any  by-law  or  ordinance 
shall  have  any  binding  validity,  it  shall  be  pub- 
lished in  one  or  more  newspapers  published  in  the 
city,  and  recorded  in  the  record-book  to  be  Jcept 
by  the  clerk.  The  clerk  shall  certify  on  the  record 
the  fact  of  publication,  and  so  certified,  the  record 
shall  be  prima  facie  evidence  of  the  passage  there- 
of, and  may  be  read  as  evidence  of  the  by-law  or 
ordinance,  and  its  publication.  A  printed  copy  of 
any  ordinance  or  by-law,  or  a  compilation  thereof, 
printed  by  authority  of  the  city  council,  and  at- 
tested by  the  clerk,  shall  be  evidence  thereof  in 
same  manner  and  with  like  effect. 
Entry  on  journal. 

Sec.  633.  All  orders  of  the  city  council,  to  have 
force  and  legal  validity,  shall  be  entered  on  the 
journal  of  their  proceedings,  which  journal  shall 
be  signed  by  the  officer  who  may  preside  at  such 
meeting. 
Ayes  and  noes. 

Sec.  634.    Upon   the  passage  of    all  ordinances 
appropriating  money,  imposing  taxes,   abolishing 


820  Municipal  Corporations. 

licenses,  increasing  or  lessening  ttie  amount  to  be 
paid  for  licenses,  tlie  ayes  and  noes  shall  be  en- 
tered upon  the  journal. 
Majority  necessary. 

Sec.  635.  A  majority  of  all  the  members  elected 
shall  be  necessary  to  pass  any  ordinance  appro- 
priating for  any  purpose  the  sum  of  five  hundred 
dollars  or  upTV'ards,  or  any  ordinance  imposing 
any  assessment,  tax  or  license,  or  in  any  wise  in- 
creasing or  diminishing  the  city  revenue. 
Free  library. 

Sec.  686.  The  trustees  of  any  free  public  li- 
brary, created  or  existing  in  such  city  under  the 
provisions  of  an  act  entitled  "An  act  to  establish 
the  public  libraries  and  reading-rooms,"  approved 
April  twenty-sixth,  eighteen  hundred  and  eighty, 
shall  be  appointed  by  the  city  council  in  the  same 
manner  as  other  officers  are  appointed  under  the 
provisions  of  this  chapter,  anything  in  the  pro- 
visions of  said  act  to  the  contrary  notwithstand- 
ing. 


Article  IV.— Taxation. 

Tax  levy. 

Sec.  640.  The  city  council  shall  have  full  power 
and  authority  to  assess,  levy,  and  collect  annually 
taxes  upon  all  the  property  within  the  city,  taxa- 
ble for  state  purposes,  not  exceeding  one  per  cent 
upon  the  assessed  value  thereof,  which  shall  be 
paid  into  the  general  fund  for  current  expenses. 
They  shall  provide  for  the  payment  of  the  princi- 
pal and  interest  of  the  bonded  indebtedness,  if 
any,  of  such  city,  and  for  the  payment  of  the 
other  indebtedness  of  such  city  not  funded;  and 
they  shall  each  year  levy,  assess,  and  collect  an 
additional  tax  upon  the  taxable  property  as  afore- 
said, not  exceeding  two  per  cent,  in  any  one  year, 
which,  when  collected,  shall  be  paid  into  a  fund  to 
be  disbursed  as  follows: 

1.  To  pay  the  interest  on  said  bonds; 

2.  To  a  fund  for  the  payment  of  the  principaJ 
thereof;  and, 

3.  To  meet  any  indebtedness,  as  aforesaid,  not 
funded. 


Municipal  Corporations.  821 

And  the  city  council,  in  making  said  levy,  shall 
estimate  the  proportion  requisite  for  each  fund, 
and  the  same  shall  be  expended,  under  the  direc- 
tion of  the  city  council,  for  the  purpose  aforesaid, 
and  for  no  other  purpose.  Said  tax  shall  be 
levied,  assessed,  and  collected  upon  all  property 
liable  to  taxation  within  such  portion  and  such 
limits,  and  so  much  of  the  territory  of  such  city 
as  shall  be  liable  therefor  under  the  laws  and 
charters  in  existence  at  the  time  of  the  organiza- 
tion of  such  city  under  this  act;  and  if,  by  reason 
of  extension  of  territory,  or  from  any  cause,  a 
portion  only,  or  a  certain  district,  of  such  city  be 
liable,  under  said  laws  and  charters,  for  the  pay- 
ment of  the  bonded  and  other  indebtedness  above 
named,  or  any  portion  of  either  thereof,  the  -rity 
council  in  levying  such  tax  shall  make  such  levy 
upon  and  against  the  property  which  is  situated 
and  persons  who  may  reside  in  the  territory  of 
such  city,  liable  in  each  case  for  the  payment  of 
such  indebtedness,  or  any  particular  class  or  por- 
tion thereof,  according  to  such  existing  laws  and 
charters.  The  city  council  shall  also  have  power 
to  raise  annually,  by  tax  upon  all  the  property 
within  the  city  taxable  for  state  purposes,  what- 
ever amount  of  money  may  be  requisite  for  the 
support  of  free  public  schools  therein,  including 
high-schools,  and  providing  and  furnishing  houses 
therefor;  but  the  tax  provided  for  in  this  section 
shall  not  exceed  thirty-five  cents  on  each  one  hun- 
dred dollars  valuation  upon  the  assessment  roll  in 
any  one  year,  and  may,  in  like  manner,  raise  by 
tax  a  fund  for  the  establishment  and  maintenance 
of  a  free  public  library  and  reading-room;  sucJi 
tax  not  to  exceed,  in  any  one  year,  the  rate  of  ten 
cents  on  each  one  hundred  dollars  valuation. 
Duty  of  assessor. 

Sec.  641.  It  shall  be  the  duty  of  the  city  asses- 
sor to  prepare,  between  the  first  day  of  January 
and  the  first  Monday  in  April  in  each  year,  and 
present  to  the  city  clerk,  with  his  certificate  of  its 
correctness,  a  list  of  all  the  real  and  personal 
property  within  the  city  on  the  first  day  of  Janu- 
ary taxable  for  state  and  county  purposes,  with  a 
true  valuation  thereof  on  the  first  day  of  January, 


822  Municipal   Corporations. 

which  said  assessment  list  shall  conform  as  near 
as  practicable,  when  not  inconsistent  with  the  pro- 
visions of  this  chapter,  to  the  assessment  list  re- 
quired by  law  to  be  made  by  the  county  assessor 
for  state  and  county  purposes;  also,  to  malie  all 
assessments  for  the  improvements  of  streets  as 
herein  or  by  ordinance  provided;  to  be  present  at 
the  sessions  of  all  boards  of  equalization  men- 
tioned in  this  chapter,  and  to  furnish  to  said  board 
such  information  as  may  be  required,  and  to  per- 
form such  other  services  in  reference  to  the  as- 
sessments of  property  in  the  city  or  otherwise  ap- 
pertaining- to  his  office  as  the  city  council  by  ordi- 
nance or  resolution  may  require.  During  the  ses- 
sion of  the  board  of  equalization  the  city  assessor 
shall  enter  upon  the  assessment  list  all  the 
changes  and  corrections  made  by  the  board,  and 
may  assess  and  add  to  such  list  any  property  in 
such  city  not  previously  assessed.  In  the  assess- 
ment and  listing  of  property  for  taxation,  and  in 
the  collection  of  tax  upon  personal  property  not 
secured  by  lien  upon  real  estate,  he  shall  have  and 
may  exercise  the  same  powers  as  are  conferred  by 
law  upon  county  assessors,  and  shall  receive 
therefor  the  same  fees  and  compensation.  He 
shall  receive  a  salary  to  be  fixed  by  the  city  coun- 
cil, which  shall  not  exceed  five  hundred  dollars 
per  annum.  [Amendment  approved  March  19, 
1889:  Stats.  1889,  p.  371;  in  effect  immediately.] 
Equalization. 

Sec.  642.  The  city  council,  or  a  committee  of 
their  number  selected  for  that  purpose  by  the  city 
council,  at  a  meeting  thereof  to  be  held  on  the 
first  Monday  of  April  of  each  year,  shall  consti- 
tute a  board  of  equalization,  and  shall,  after  the 
assessor  shall  have  completed  and  handed  in  his 
assessment  list  to  the  city  clerk,  and  after  five 
days'  notice  published  in  some  newspaper  in  such 
city,  hold  meetings  to  hear  and  determine  all  com- 
plaints respecting  the  valuation  of  property  as 
fixed  by  the  assessor  in  such  list,  and  shall  have 
power,  on  their  own  motion,  with  or  without  com- 
plaint made,  to  modify  and  change  such  valuation 
in  any  way  they  shall  deem  just  and  proper;  pro- 
vided, however,  that  before  making  any  change 
in  any  assessment,  the  board  shall  notify  the  per- 


Municipal  Corporations.  823 

son  interested  by  letter,  deposited  in  th&  post- 
office  or  express,  postpaid,  and  addressed  to  such 
person,  at  least  three  days  before  action  taken, 
of  the  day  fixed  when  the  matter  shall  be  investi- 
gated; provided,  further,  that  no  reduction  must 
be  made  in  the  valuation  of  property,  unless  thG 
party  affected  thereby,  or  his  agent,  makes  and 
files  with  the  board  a  written  application  therefor 
verified  by  his  oath,  showing  the  facts  upoL 
which  it  is  claimed  such  reduction  should  b<» 
made.  Any  member  of  said  board  shall  have 
power  to  administer  oaths  and  affirmations  in  the 
matters  before  said  board,  and  the  sessions  of  said 
board  shall  be  held  from  time  to  time,  as  in  its 
notice  specified,  for  the  period  of  two  weeks,  and 
no  longer. 
Clerk  to  complete. 

Sec.  643.  After  the  board  of  equalization  shall 
have  completed  their  duties,  the  city  clerk  shall 
add  up  the  columns  of  valuation,  and  enter  the 
total  valuation  of  each  description  of  property  in 
the  list,  and  the  total  value  of  all  property  as- 
sessed and  listed  thereon;  and  thus  equalized  and 
added  up,  the  clerk  shall,  on  the  first  Monday  of 
May  thereafter,  deliver  it  to  the  city  council. 
Levy  of  the  tax. 

Sec.  644.  On  the  first  Monday  in  May  in  every 
year  the  city  council,  by  an  ordinance,  shall  levy 
upon  all  the  property  in  the  city  taxable  by  law 
for  state  purposes  a  tax  for  school  purposes,  and 
for  the  current  and  general  expenses  of  the  city; 
and,  In  conformity  to  the  provisions  of  this  chap- 
ter, shall  levy  any  and  all  other  taxes  by  law  di- 
rected then  to  be  levied  or  assessed;  and,  in  con- 
formity with  the  provisions  of  this  chapter,  shall 
levy  a  tax  for  the  payment  of  the  funded  debt 
upon  the  property  liable  therefor.  Every  tax  so 
levied  is  made  a  lien,  which  shall  attach  on  said 
day  in  each  year  to  and  against  all  real  property 
assessed  for  the  amount  assessed  against  it;  and 
if  said  property  be  assessed  to  a  wrong  person,  or 
by  a  wrong  name,  said  lien  shall  in  no  wise  be 
affected  or  invalidated,  and  it  shall  not  be  satis- 
fled  or  removed  until  the  taxes  are  paid,  or  the 
property  has  absolutely    vested    in    a    purchaser 


S24  Municipal  Corporations. 

under  and  by  reason  of  a  sale  for  such  taxes. 
Every  tax  assessed  upon  personal  property  is  a 
lien  upon  the  real  property  of  the  owner  thereof 
from  and  after  the  time  of  the  levy  of  sucli  tax. 
The  fiscal  year  shall  begin  on  the  first  day  of  Jan- 
uary; and  the  terms  "real  and  personal  property" 
shall  have  the  same  meanins:  as  the  same  terms 
used  in  the  revenue  laws  of  the  state. 
List  to  be  delivered  to  collector. 

Sec.  645.  As  soon  as  the  city  council  have  de- 
clared and  levied  the  taxes  in  any  year,  as  in  the 
preceding  section  provided,  the  city  clerlv  shall 
carry  out,  in  a  separate  money  column  in  the  list, 
the  amount  of  taxes  assessed  against  each  indi- 
vidual, firm,  company,  corporation,  or  unknown 
owner,  and  add  and  put  down  the  aggregate  of  all 
taxes  as  shown  by  the  list;  and  as  thus  carried 
out,  the  city  clerk  shall  certify  to  its  correctness, 
and  on  or  before  the  third  Monday  of  May  there- 
after deliver  it  to  the  city  collector,  and  shall 
charge  him  with  the  amount  of  taxes  so  footed 
up,  and  take  his  receipt  therefor. 
Collection. 

Sec.  646.  The  collector,  on  receiving  the  assess- 
ment list  certified  by  the  clerk,  shall  proceed  to 
collect  the  taxes  specified  therein,  and  pay  over 
the  same  into  the  treasury,  taking  a  receipt  there- 
of. For  the  purpose  of  collecting  the  taxes  au- 
thorized by  this  chapter,  the  city  collector  shall 
have  such  powers  as  are  given  by  the  revenue 
laM-s  of  this  state  to  collectors  of  state  and  county 
taxes,  so  far  as  the  same  are  applicable.  All  taxes 
unpaid  at  the  close  of  official  business  on  the  tnird 
Monday  of  June  shall  be  deemed  delinquent,  after 
which  time  the  collector  shall  receive  no  money  for 
taxes;  and  he  shall,  on  said  day,  enter  upon  as- 
sessment roll  a  levy  upon  all  property  therein  as- 
sessed the  taxes  upon  which  remain  unpaid,  and 
shall  immediately  ascertain  the  total  amount  of 
taxes  unpaid,  and  file  in  the  office  of  the  city  clerk 
a.  list  of  all  persons  and  property  then  owing  taxes, 
verified  by  his  oath,  which  list  shall  be  known  as 
the  delinquent  list 
Delinquencies. 

Sec.  647.     On  the  third  Monday  in  June  of  each 
year,  at  six  o'clock  p.  m.,  all  unpaid  taxes  are  de- 


Municipal  Corporations.  825 

iinquent,  and  thereafter  the  collector  muvst  collect 
thereon,  for  the  use  of  the  city,  an  addition  of 
five  per  cent. 
Delinquent  list. 

Sec.  648.  On  the  first  Monday  in  July  of  each 
year,  the  city  collector  must  deliver  to  the  city 
clerk  a  complete  delinquent  list  of  all  persons  and 
property  then  owing  taxes;  and  in  the  list  so  de- 
livered must  be  set  down  in  numerical  or  alpha- 
betical order  all  matters  and  things  contained  in 
the  assessment  roll  and  relating  to  delinqueat  per- 
sons or  property. 
Verification. 

Sec.  649.  The  city  clerk  must  carefully  compare 
such  delinquent  list  with  the  assessment  roll,  and 
if  satisfied  that  it  contains  a  full  and  true  state- 
ment of  all  taxes  due  and  unpaid,  he  must  fool 
up  the  total  amount  of  taxes  so  remaining  unpaid; 
credit  the  city  collector  therewith,  and  make  a 
final  settlement  with  him  of  all  taxes  charged 
against  him  on  the  assessment  roll;  and  must  re- 
quire from  him  the  treasurer's  receipt  for  the  full 
amount  of  taxes  collected. 
Certincation. 

Sec.  650.  After  settlement  with  the  citj  col 
lector,  as  prescribed  in  the  preceding  section,  the 
city  clerk  must  charge  the  city  collector  with  the 
amount  of  taxes  due  on  the  delinquent  tax  list, 
with  the  five  per  cent  added  thereto,  and  within 
three  days  thereafter  deliver  the  list,  duly  certi- 
fied to  such  city  collector. 
Publication. 

Sec.  651.  On  or  before  the  third  Monday  in  July 
of  each  year,  the  city  collector  must  publish  the 
delinquent  list,  which  must  contain  the  names  of 
the  persons  and  a  description  of  property  delin- 
quent, and  the  amount  of  taxes  and  costs  due,  op- 
posite each  name  and  description,  with  the  taxes 
due  on  personal  property,  added  to  taxes  on  real 
estate  where  the  real  estate  is  liable  therefor,  or 
the  several  taxes  are  due  from  the  same  person. 
To  said  list  must  be  appended  and  with  it  publish- 
ed a  notice  that  unless  the  taxes  delinquent,  to- 
gether with  the  costs  and  percentage,  are  paid,  the 
real  property  upon  which  such  taxes  are  a  lien 
will   be  sold  at   public  auction,   and   designating 


82G  Municipal  Corporations. 

therein  the  time  and  place  of  such  sale,   which 
must  take  place  in  or  in  front  of  the  city  collec- 
tor's office,  and  not  less  than  fourteen  nor  more 
than  twenty-one  days  from  the  first  publication. 
Collector  to  certify. 

Sec.  652.  Said  list  must  be  published  three  times 
a  week  for  two  successive  weeks  in  some  news- 
paper or  supplement  thereto  published  in  such 
city,  and  when  such  publication  is  completed,  and 
before  commencing  the  sale,  the  city  collector 
must  file  with  the  city  clerk  a  copy  of  the  publi- 
cation, with  his  affidavit  attached  thereto,  that  it 
is  a  true  copy  of  the  same,  that  the  publication 
was  made  in  a  newspaper  or  a  supplement  there- 
to, stating  the  name  and  place  of  publication;  such 
affidavit  shall  be  prima  facie  evidence  of  all  the 
facts  therein  stated.  The  expense  of  the  publi- 
cation of  the  delinquent  list  is  to  be  paid  by  the 
city. 
Additional  amount. 

Sec.  653.  The  city  collector  must  collect,  in  ad- 
dition to  the  taxes  due  on  the  delinquent  list,  and 
five  per  centum  added  thereto,  fifty  cents  on  each 
lot,  piece,  or  tract  of  land  separately  assessed,  and 
on  each  assessment  of  personal  property,  one  half 
of  which  must  go  to  the  city,  and  the  other  to  the 
city  collector,  in  full  for  preparing  the  list. 
Sale. 

Sec.  654.  On  the  day  fixed  for  the  sale,  or  on 
some  subsequent  day  to  which  he  may  have  post- 
poned it,  of  which  he  must  give  notice,  the  city 
collector,  between  the  hours  of  ten  o'clock  a.  m. 
and  three  p.  m.,  must  commence  the  sale  of  the 
property  advertised,  commencing  at  the  head  of 
the  list,  and  continuing  alphabetically,  or  in  the 
numerical  order  of  lots  and  blocks,  until  com- 
pleted. 
Postponement. 

Sec.  655.     He  may  postpone     the  day  of  com- 
mencing the  sale,  or  the  sale,  from  day  to  day; 
but  the  same  must  be  completed  within  two  weeks 
from  the  day  first  fixed. 
Owner  may  designate  portion. 

Sec.  656.    The  owner  or  person  in  possession  of 
any   real   estate  ottered     for  sale  for  taxes  due 


Municipal  Corporations.  827 

thereon  may  designate,  in  writing,  to  the  city  col- 
lector, prior  to  the  sale,  what  portion  of  the  prop- 
erty he  wishes  sold,  if  less  than  the  whole;  but  if 
the  owner  or  the  possessor  does  not,  then  the  col- 
lector may  designate  it,  and  the  person  who  will 
take  the  least  quantity  of  the  land,  or  in  case  an 
undivided  interest  is  assessed,  then  the  smallest 
portion  of  the  interest,  and  pay  the  taxes  and  costs 
due,  including  fifty  cents  to  the  city  collector  for 
the  duplicate  certificate  of  sale,  is  the  purchaser. 
Duplicate  certificate. 

Sec.  657.  After  receiving  the  amount  of  the 
taxes  and  costs,  the  city  collector  must  make  out 
in  duplicate  a  certificate,  dated  on  the  day  of  sale, 
stating  (wlien  known)  the  name  of  the  person 
assessed,  a  description  of  the  land  sold,  the  amount 
paid  therefor,  that  it  was  sold  for  taxes,  giving 
the  amount  and  year  of  the  assessment,  and  spe- 
cifying the  time  when  the  purchaser  will  be  en- 
titled to  a  deed. 
Delivery. 

Sec.  658.    The  certificates  must  be  signed  by  the 
collector,  and  one  copy  delivered  to  the  purchaser, 
and  the  othe"  filed  in  the  office  of  the  county  re- 
corder. 
Record  of  sales. 

See.  659.  The  city  collector,  before  delivering 
any  certificate,  must  in  a  book  enter  a  descrip- 
tion Af  the  land  sold,  corresponding  with  the  ae- 
scriDtion  in  the  certificate,  the  date  of  sale,  pur- 
chaser's name,  and  amount  paid,  regularly  num- 
ber the  descriptions  on  the  margin  of  the  book, 
and  put  a  corresponding  number  on  each  certifi- 
cate. Such  book  must  be  open  to  public  inspec- 
tion, without  fee,  during  office  hours,  when  not  in 
actual  use. 
Lien  vested  in  purchaser. 

Sec.  660.  On  filing  the  certificate  with  the 
county  recorder,  the  lien  of  the  city  vests  in  the 
purchaser,  and  is  only  divested  by  the  payment  to 
him,  or  to  the  city  treasurer  for  his  use,  of  the  pur- 
chase money,  and  fifty  per  cent  thereon. 
Redemption. 

Sec.  661.    A  redemption  of  the  property  sold  may- 
be made  by  the  owner,  or  any  party  in  interest. 


828  Municipal  Corporations. 

within  twelve  months  from  the  date  of  the  pur- 
chase. 
Records  of  redemption. 

Sec.  662.  On  receiving  the  certificate  of  sale, 
the  recorder  must  file  it,  and  mal^e  an  entry  in  a 
book  similar  to  that  required  of  the  collector.  On 
the  presentation  of  the  receipt  of  the  person  nam- 
ed in  the  certificate  or  of  the  city  treasurer  for 
his  use,  of  tlie  total  amount  of  redemption  money, 
the  recorder  must  mark  the  word  "redeemed,"  tbe 
date,  and  by  whom  redeemed,  on  the  certificate, 
and  in  tlie  margin  of  the  booli  where  the  entry  of 
the  certificate  is  made. 
Purchaser's  deed. 

Sec.  663.  If  the  property  is  not  redeemed  with- 
in the  time  allowed  by  law  for  its  redemption,  the 
city  collector,  or  his  successor  in  oflBce,  must  make 
to  the  purchaser,  or  assignee,  a  deed  of  the  prop- 
erty, reciting  in  the  deed  substantially  the  mat- 
ters contained  in  the  certificate,  and  that  no  per- 
son has  redeemed  the  property  during  the  time  al- 
lowed for  its  redemption.  The  collector  shall  be 
entitled  to  receive  from  the  purchaser  three  dol- 
lars for  making  such  deed. 
What  the  deed  proves. 

Sec.  664.  The  matters  recited  in  the  certificate 
of  sale  must  be  recited  in  the  deed,  and  such  deed 
duly  *ickuowledged  or  proved  is  prima  facie  evi- 
dence that: 

1.  The  property  was  assessed,  as  required  by 
law; 

2.  The  property  was  equalized,  as  required  by 
law; 

3.  The  taxes  were  levied  in  accordance  with 
kiw; 

4.  The  taxes  were  not  paid; 

5.  At  a  proper  time  and  place  the  property  was- 
sold,  as  prescribed  by  law,  and  by  the  proper  offi- 
cer; 

6.  The  property  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the 
proper  officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes 
on  personal  property,  that  the  real  estate  belonged 
vo  the  person  liable  to  pay  the  tax. 


Municipal  Corporations.  829 

Deed  is  evidence  of  regularity. 

See.  665.  Such  deed,  duly  acknowledged  or 
proved,  is  (except  as  against  actual  fraud)  con- 
clusive evidence  of  the  regularity  of  all  other  pro- 
ceedings, from  the  assessment  by  the  assessor,  in- 
clusive, up  to  the  execution  of  the  deed,  and  con- 
veys to  the  grantee  the  absolute  title  to  the  lands 
described  therein,  free  from  all  incumbrances. 
Assessment  roll  a  guarantee  of  regularity. 

Sec.  606.  The  assessment  roll  or  delinquent  list, 
or  a  copy  thereof,  certified  by  the  city  clerk,  show- 
ing unpaid  taxes  against  any  person  or  property, 
is  prima  facie  evidence  of  the  assessment,  the 
property  assessed,  the  delinquency,  the  amount 
due  and  unpaid,  and  that  all  the  forms  of  law  in 
relation  to  the  assessment  and  levy  of  sucl)  taxes 
have  been  complied  with. 


Article   V.— Executive  Department. 

Duties  and  powers  of  mayor. 

See.  670.  The  mayor  shall  be  the  chief  executive 
officer  of  the  city.  He  shall  have  a  general  super- 
vision over  the  several  departments  of  the  city 
government,  and  over  all  its  interests,  shall  pre- 
side over  the  city  council  when  present,  once  in 
three  mouths  submit  a  general  statement  of  the 
condition  of  its  various  departments,  and  recom- 
mend to  the  city  council  such  measures  as  he  may 
deem  expedient  for  the  public  good,  or  improve- 
ment of  the  city,  its  finances,  or  government.  He 
shall  sign  all  ordinances  passed  by  the  city  coun- 
cil, if  he  approves  them;  if  he  does  not  approve, 
he  shall,  within  eight  days  after  its  submission  to 
him.  return  the  same  to  the  city  clerk's  oftice, 
with  his  objections  in  writing,  and  at  the  first 
meeting  of  the  city  council  thereafter  the  saii'e 
shall  be  entered  upon  their  journal,  and  they  shall 
then  reconsider  such  ordinance,  and  unless  two- 
thirds  of  the  couucilmen  elect,  vote  for  its  passage, 
it  shall  not  become  a  law.  If  the  mayor  shall  not 
so  return  any  ordinance  within  eight  days,  it  shall 
become  a  law  as  if  he  had  signed  it.  He  may  call 
special  meetings  of  the  city  council  at  any  time, 
Gen.  Laws— 70 


830  Municipal  Corporations. 

Mp  shall  do  so  at  the  written  request  of  four  couu- 
oilmen,  by  notifying  each  member  personally,  or 
by  a  written  notice  left  at  his  last  and  usual  place 
of  abode,  or  at  his  place  of  business  durin;^  busi- 
ness hours,  stating  the  purpose  of  such  meeting. 
President  of  council. 

Sec.  G71.  The  president  of  the  city  council  shall 
preside  at  all  its  meetings  when  the  mayor  is  not 
present:  and  whenever  there  is  a  vacancy  in  the 
office  of  mayor,  or  he  is  absent  from  the  city,  or 
unable,  from  any  cause,  to  discharge  the  duties  of 
his  office,  the  president  shall  act  as  mayor  and  ex- 
ercise all  his  authority  and  be  subject  to  his  du- 
ties. He  shall  countersign  all  warrants  and  li- 
censes issued  under  and  by  authority  of  tht  city, 
but  in  his  absence  or  inability  to  perform  said 
duty,  the  mayor,  or,  if  he  is  absent  or  unable  to 
perform  said  duty  the  president  pro  tem.,  or  if 
none  has  been  elected  the  chairman  of  the  finance 
committee,  may  sign  the  same. 
Deputies. 

Sec.  672.  The  chief  of  police,  city  attorney,  city 
assessor,  city  clerk,  and  city  collector,  and  street 
commissioner  may  each,  with  the  approval  of  the 
city  council,  only  appoint  such  deputies  as  may  be 
necessary,  by  writing,  to  be  filed  with  the  clerk. 
Each  deputy  so  appointed  shall  receive  for  hia 
services  a  compensation  to  be  fixed  by  the  city 
council,  not  exceeding  one  hundred  dollars  per 
month,  and  shall  perform  such  duties  under  the 
direction  of  his  principal  as  may  by  said  council 
be  prescribed.  The  principals  shall  be  each  re- 
sponsible for  his  deputy,  and  may  revoke  the  ap- 
pouitnieut  at  pleasuie. 

Chief  of  police. 

Sec.  673.    The  chief  of  police  shall  receive  a  sal- 
ary which  shall  not  exceed  the  sum  of  one  thous- 
and five  hundred  dollars  per  annum,  to  be  deter- 
mined by  the  city  council. 
Treasurer. 

Sec.  674,  The  city  treasurer  shall  receive  a  sal- 
ary which  shall  not  exceed  the  sum  of  three  hun- 
dred dollars  per  annum,  to  be  determined  by  the 
city  council. 


Municipal  Corporations.  831 

Duties  of  treasurer. 

Sec.  675.  It  shall  be  the  duty  of  the  city  treas- 
urer  to  receive  and  safely  keep  all  moneys  belong- 
ing to  such  city,  from  whatever  source  derived,  to 
place  the  same  to  the  credit  of  the  different  funds 
to  which  they  properly  belong,  in  a  book  kept  for 
that  purpose;  to  disburse  said  moneys  by  the  di- 
rection of  the  city  council,  and  in  accordance  vrith 
the  provisions  made  by  them,  and  the  school  fund, 
by  the  direction  of  the  board  of  education,  under 
the  provisions  of  this  chapter,  and  to  make  a  re- 
port monthly  to  the  city  council  of  the  condition 
of  the  treasury. 
Clerk. 

Sec.  676.  It  shall  be  the  duty  of  the  clerk  of  the 
city  to  keep  the  corporate  seal  and  all  papers  and 
documents  belonging  to  the  city;  to  file  them  in  his 
ottice,  under  appropriate  heads;  to  attend  the  sit- 
tings of  the  city  council  and  to  keep  a  .iournal  of 
their  proceedings  and  records  of  all  their  by-laws, 
resolutions,  and  ordinances;  to  sign  all  warrants 
and  licenses  issued  in  pursuance  of  the  orders  and 
ordinances  of  the  city  council,  and  to  affix  the  cor- 
porate seal  on  such  licenses;  to  keep  an  accurate 
account  in  a  suitable  book,  under  the  appropriate 
heads,  of  expenditures  of  all  orders  drawn  upon 
the  city  treasurer,  and  all  warrants  issued  m  pur- 
suance thereof;  also,  to  keep  an  account  in  an  ap- 
propriate book  of  all  licenses  issued,  with  the 
names  of  the  persons  to  whom  issued,  the  date  of 
issue,  the  time  for  which  the  same  was  granted, 
and  the  sums  paid  therefor,  and  to  perform  such 
other  duties  as  he  may  be  required  to  perform  by 
the  provisions  of  this  act,  or  by  ordinance.  He 
shall  receive  for  his  services  a  salary  to  be  fixed 
by  the  city  council,  not  exceeding  the  sum  of  one 
hundred  dollars  per  month. 
Assessor. 

Sec.  677.  It  shall  be  the  duty  of  the  city  assess- 
or to  prepare  the  assessment  rolls,  lists,  and  books, 
and  to  make  the  assessment  of  persons  and  prop- 
erty in  said  city  as  required  by  this  chapter;  also 
to  make  and  present  all  assessments  for  improve- 
ment of  streets,  or  other  work  of  like  character. 
He  shall  receive  a  salary,  to  be  fixed  by  the  city 


832  Municipal  Corporations. 

council,  not  exceeding  five  hundred  dollars  per  an- 
num. 

Collector  and  commissioner. 

Sec.  678.  The  city  collector  and  street  com. mis- 
sioner  shall  collect  all  taxes,  assessments,  licenses, 
wharfage  rates,  and  all  other  moneys  or  dues  ow- 
ing, accruing,  belonging,  or  coming  to  said  ciiy, 
and  the  same  shall  pay  over  monthly  to  the  city 
treasurer,  unless  otherwise  ordered  by  the  city 
council.  He  shall  regulate  the  landing  and  sta- 
tioning of  all  steamers,  vessels,  boats,  or  other 
water-craft,  and  shall  make  report  to  the  city 
council  each  month.  As  street  commissioner,  he 
shall  have  the  general  supervision  of  all  streets, 
public  squares,  levees,  wharves,  sloughs,  drains, 
waterways,  bridges,  sidewalks,  cross-walks,  and 
public  buildings,  and  shall  superintend  all  work, 
repairs,  or  improvement  thereof  or  thereon.  At 
the  request  of  the  street  committee  of  the  city 
council,  he  shall  make  report  to  them  of  any  of  his 
doings,  and  shall  do  and  perform  all  such  other 
duties  as  may  be  required  of  him  by  ordinance  of 
the  city  council.  As  street  commissioner  of  such 
city,  he  is  hereby  authorized,  in  his  oflBcial  ca- 
pacity, to  make  all  written  contracts,  and  receive 
all  bonds  authorized  in  this  chapter,  and  to  do 
any  other  act,  either  expressed  or  implied,  that 
pertains  to  the  street  department  under  this  chap- 
ter. He  shall  fix  the  time  for  the  performance  of 
the  work  under  all  contracts  entered  into  by  him, 
in  accordance  with  the  notice  given  by  the  coun- 
cil; and  may  extend  the  time  so  fixed,  from  time 
to  time,  under  the  direction  of  said  council.  All 
work  upon  the  streets,  avenues,  or  in  the  matter 
of  sidewalks  or  bridges,  or  in  the  improvement  of 
the  public  buildings,  squares,  and  places  of  said 
city  provided  for  in  this  chapter;  or  under  the  or- 
ders or  ordinances  ^f  the  city  council  of  such  city, 
must  in  all  cases  be  done  under  the  direclion  and 
to  the  satisfaction  of  the  street  commissioner,  and 
the  materials  used  shall  be  such  as  are  required 
by  said  commissioner,  in  accordance  with  the  con- 
tracts; and  all  contracts  made  therefor  must  con- 
tain this  condition,  and  also  express  notice  that  in 
no  case,  except  when  it  is  otherwise  provided  in 
this  chapter,  will  the  city  be  liable  for  any  por- 


Municipal  Corporatious.  833 

tion  of  the  expense,  and  where  such  expense  is  de- 
frayed by  assessments,  in  no  case  for  any  delin- 
quency of  persons  or  property  assessed. 
Police  force. 

Sec.  679.    The  police  force  of  such  city  shall  con- 
sist of  the  chief  of  police,  and  such  number  of 
policemen  as  shall  from  time  to  time  be  fixed  and 
determined  by  the  city  council. 
Police,  commission  to  elect. 

Sec.  680.  The  policemen  of  such  city  shall  be 
elected  by  a  police  commission,  to  consist  of  the 
mayor,  chief  of  police,  and  the  police  judge;  and 
such  policemen  shall  hold  office  from  and  after 
their  election  to  and  including  the  second  Monday 
in  January  next  ensuing  after  a  regular  city  elec- 
tion, unless  sooner  removed  for  cause. 
Trial  commission. 

Sec.  681.  The  president  of  the  city  council,  the 
chairman  of  the  finance  committee,  and  the  chair- 
man of  the  street  committee  of  the  city  council 
shall  constitute  a  police  trial  commission,  and 
such  commission  shall  have  power,  under  rules  of 
procedure  to  be  prescribed  by  ordinance  of  such 
city,  to  receive,  hear,  try,  and  determine  all  com- 
plaints against  policemen  of  such  city  for  viola- 
tion of  official  duty,  or  of  any  rule,  regulation,  by- 
law, or  ordinance  of  such  city,  and  shall  have 
power  in  such  behalf  to  condemn  or  acquit,  repri- 
mand, suspend,  or  remove  any  policeman. 


Article  VI.— Judicial  Department. 

Police  court. 

Sec.  690.  A  police  court  is  hereby  established 
in  such  city,  which  court  shall  always  be  open, 
except  upon  non-judicial  days,  and  upon  such  days 
may  transact  criminal  business  only. 

Sec.  691.  The  police  court  of  such  city  shall 
have  jurisdiction  of  the  following  public  offenses 
committed  within  such  city: 

1.  Petit  larceny; 

2.  Assault  or  battery,  not  charged  to  have  been 
committed  upon  a  public  officer  in  the  discharge 
of  his  official  duty  or  with  intent  to  kill; 


834  Municipal  Corporations. 

3.  Breaches  of  the  peace,  riots,  affrays,  com- 
mitting  willful  injury  to  property,  and  all  misde- 
meanors punishable  by  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceed- 
ing six  months,  or  by' both  such  fine  and  impris- 
onment; 

4.  Of  proceedings  respecting  vagrants,  loud  or 
disorderly  persons; 

5.  Of  all  proceedings  for  violation  of  any  ordi- 
nance of  said  city,  both  civil  and  criminal;  of  any 
and  all  suits  to  recover  taxes,  general  or  special, 
levied  in  such  city  for  city  purposes,  and  of  all 
suits  to  recover  any  assessment  levied  in  such  city 
for  the  improvement  of  streets,  avenues,  levees, 
sidewalks,  and  public  squares,  and  for  the  open- 
ing or  laying  out  of  the  same,  when  the  amount 
of  said  tax  or  assessment  sought  to  be  collected 
against  the  person,  firm,  or  corporation  assessed  is 
less  than  three  hundred  dollars;  provided,  no  lien 
upon  the  property  taxed  or  assessed  for  the  non- 
payment of  the  taxes  or  assessment  is  sought  to  be 
foreclosed  by  said  suit; 

0.  Of  an  action  for  the  collection  of  money  due 
to  such  city,  or  from  the  city  to  any  person,  firm, 
or  corporation,  when  the  amount  sought  to  be  col- 
lected is  less  than  three  hundred  dollars; 

7.  Of  an  action  for  the  breach  or  violation  of 
any  official  bond  given  by  any  city  officer,  and  for 
the  breach  of  any  contract,  and  any  action  for 
damages  in  which  the  city  is  a  party,  or  is  in  any 
way  interested  and  on  all  forfeited  recognizances 
given  to  or  for  the  benefit  or  in  behalf  of  such 
city,  and  upon  all  bonds  given  upon  any  appeal 
taken  from  the  judgment  of  said  court  in  any 
action  above  named,  when  the  amount  claimed, 
exclusive  of  cost,  is  less  than  three  hundred  dol- 
lars; 

8.  Of  an  action  for  the  recovery  of  personal 
property  belonging  to  the  city  when  the  value  of 
the  property,  exclusive  of  the  damages  for  the 
taking  or  detention,  is  less  than  three  hundred 
dollars ; 

0.  Of  an  action  for  the  collection  of  any  license 
required  by  any  ordinance  of  the  city; 

10.  The  police  court  shall  have  exclusive  juris- 
diction of  all  proceedings  mentioned  in  this  sec- 


Municipal  Corporations,  835 

tlon;  and  no  justice  of  the  peace  in  such  city  shall 
have  power  to  try  and  decide  any  cases  of  the 
classes  mentioned  in  said  section;  provided,  that 
any  justice  of  the  peace  of  such  city  who  may  be 
designated  in  writing  by  the  mayor,  or  president 
of  the  city  council  thereof,  for  the  purpose,  shall 
have  power  to  preside  in  and  hold  the  police 
judge's  court  of  said  city  in  the  cases  in  which 
the  police  judge  is  a  party,  or  in  which  he  is  di- 
rectly interested,  or  when  the  judge  is  related  to 
either  party  by  consanguinity  or  affinity  within  the 
third  degree;  and  also  in  the  case  of  the  sickness 
or  temporary  absence  of  the  judge,  or  his  inabil- 
ity to  act  from  any  cause;  and  in  all  such  cases, 
and  during  sucli  sickness,  temporary  absence,  or 
inability,  the  justice  so  designated  shall  act  as 
police  judge,  and  shall  have  and  exercise  all  the 
powers,  jurisdiction,  and  authority  which  are  or 
may  be  by  law  conferred  upon  said  court  or  judge. 
Powers  of  judge. 

Sec.  692.  The  judge  of  said  court  shall  also  have 
power  to  hear  cases  for  examination,  and  may 
commit  and  hold  the  offender  to  bail  for  trial 
in  the  proper  court,  and  may  try,  condemn,  or  ac- 
quit, and  carry  his  judgment  into  execution,  as 
the  case  may  require,  according  to  law;  and  to 
punish  persons  guilty  of  contempt  of  court,  and 
shall  have  power  to  issue  warrants  of  arrest  in 
cases  of  a  criminal  prosecution  for  the  violation  of 
a  city  ordinance,  as  well  as  in  case  of  the  violation 
of  the  criminal  law  of  the  state;  also,  all  sub- 
poenas and  all  other  processes  necessary  to  the 
full  and  proper  exercise  of  his  powers  and  juris- 
diction in  all  criminal  trials  before  the  police 
judge  for  the  violation  of  a  city  ordinance,  as  well 
as  in  cases  of  a  violation  of  the  criminal  law  of 
the  state,  made  triable  before  such  court;  the  de- 
fendant shall  be  entitled,  if  demanded  by  him,  to 
a  jury  trial,  but  a  trial  by  jury  may  be  waived 
by  the  defendant  in  all  such  cases,  and  upon  such 
waiver  the  court  shall  proceed  and  try  the  case. 
Dockets. 

Sec.  693.  The  city  council  shall  furnish,  for 
the  use  of  the  police  court,  two  dockets;  one  shall 
be  styled  "The  city  criminal  docket,"  in  which  all 


S36  Municipal  Corporations. 

the  criminal  cases  shall  be  recorded,  and  each  case 
shall  be  alphabetically  indexed:  the  other  shall  be 
styled  "The  city  civil  docket,"  and  it  shall  con- 
tain a  record  of  every  civil  case  which  is  prosecut- 
ed before  said  court,  and  each  case  sliall  be  prop- 
erly indexed,  and  in  all  cases  the  dockets  shall 
contain  all  such  entries  as  are  required  by  law  to 
be  made  in  the  .iustice's  docket;  and  in  any  case 
commenced  or  tried  before  the  court  the  docket 
must  show  what  duties  were  performed  by  each 
officer,  and  the  amount  of  fees  due  to  the  officer 
for  such  services,  and  the  amount  of  money,  if 
any,  collected. 
Appeals. 

Sec.  694.  Appeals  from  the  police  court  may  be 
taken  to  the  superior  court  of  the  county  in  all 
cases  cognizable  by  the  said  police  court,  and  such 
appeals  shall  be  taken  as  in  case  of  appeal  from  a 
justice's  court. 
City  and  district  attorney. 

Sec.  695.  The  city  attorney  of  such  city  shall 
prosecute  all  cases  for  the  violation  of  any  law- 
ful order,  regulation,  or  ordinance  of  the  city 
council,  and  shall  prosecute,  conduct,  and  control 
all  proceedings  in  cases  mentioned  in  section  hix 
hundred  and  twenty-two  of  this  act,  both  in  the 
police  court  and  on  appeal  therefrom  to  the  su- 
perior court,  but  the  district  attorney  shall  at- 
tend and  conduct  all  proceedings  of  the  nature  of 
a  preliminary  examination  before  said  police 
court. 
Incarceration. 

Sec.  696.  In  all  cases  when  the  police  court  is 
authorized  to  impose  a  fine  or  imprisonment,  or 
both,  upon  persons  convicted  in  said  court  of  any 
offense  triable  therein,  the  said  court  may  sen- 
tence the  offender  to  be  imprisoned  in  the  city 
jail,  if  there  be  one  established  by  the  city  coun- 
cil, if  not,  then  until  said  council  shall  designate 
and  establish  a  city  jail  or  prison,  may  sentence 
offenders  to  be  im))risoned  in  the  county  jail,  and 
in  addition  to  imprisonment,  may  sentence  offend- 
ers to  be  employed  to  labor  in  the  city,  under  the 
direction  of  tlie  chiei"  of  police,  and  in  the  manner 
prescribed  by  ordinance,  for  the  benefit  of  the  city, 


Municipal  Corporations.  837 

during  such  time  of  imprisonment,  and  may.  in 
oasp  of  iniDOsins:  a  tine,  embrace  as  a  part  of  the 
sentence  that,  in  default  of  the  payment  of  such 
fine,  the  defendant  shall  be  imprisoned  and  requir- 
ed to  labor  for  the  benefit  of  the  city  as  before 
provided  ,at  the  rate  of  two  dollars  a  day,  till  such 
fine  is  satisfied.  Offenders  required  to  labor  un- 
der the  direction  of  the  chief  of  police  shall,  until 
the  establishment  of  a  city  jail,  be  returned  to 
the  county  jail  at  the  end  of  each  day's  labor  dur 
ing  their  term  of  imprisonment,  until  a  city  jail 
shall  be  by  the  city  council  established.  It  is  here- 
by  made  the  duty  of  the  officer  having  the  con- 
trol or  charge  of  the  county  jail  of  the  county 
wherein  such  city  is  situated,  to  receive  and  safe- 
ly keep  all  persons  imprisoned  by  any  judgment 
or  order  of  the  police  court,  in  accordance  with 
the  order  of  commitment,  and  to  allow  those  to  be 
removed  from  the  jail  under  the  charge  of  the 
chief  of  police,  who  are  required  to  labor  for  the 
benefit  of  the  city,  or  whom  the  police  judge  may 
order  brought  forth  for  trial,  and  the  lieeper  of 
the  jail  shall  in  no  way  be  responsible  for  the  safe- 
keeping of  such  prisoners  while  so  under  the 
charge  of  the  chief  of  police. 
Seal. 

Sec.  697.  The  court  shall  have  a  seal,  to  be  pro 
vided  by  the  city,  and  certified  transcripts  of  the 
police  judge's  docket  and  the  seal  of  his  coui't 
shall  be  evidence  in  any  court  of  the  state  of  the 
contents  of  the  docket;  and  all  warrants,  and  oth- 
er processes  issued  out  of  said  court,  and  all  acts 
done  by  said  police  judge  under  its  seal,  shall 
have  the  same  force  and  validity,  in  any  part  of 
this  state,  as  though  issued  or  done  by  any  court 
of  record  of  this  state. 
Judge's  report. 

Sec.  698.  The  police  judge  shall,  on  the  last 
Saturday  of  each  month,  make  to  the  city  council 
a  full  report  of  all  the  cases  tried  in  his  court  for 
that  month,  in  which  the  city  may  be  interested, 
and  at  the  same  time  shall  pay  into  the  city  treas- 
ury all  fines  and  other  moneys  collected  on  be- 
half of  the  city  for  such  month. 


838  Municipal  Corporations. 

Salaries. 

Sec.  699.  The  city  council  of  such  city  shall  al- 
low to  the  police  judge  an  annual  salary  which 
shall  not  exceed  the  sum  of  fifteen  hundred  dol- 
lars, and  to  the  chief  of  police  and  the  several 
policemen  of  such  city  each  a  salary  which  shall 
be  fixed  by  said  council.  The  salaries  of  the  po- 
lice judge,  and  chief  of  police  and  policemen  shall 
be  paid  from  time  to  time  as  other  city  officers  and 
as  the  council  may  determine.  The  chief  of  po- 
lice, or  any  policeman  of  such  city,  is  hereby 
authorized  and  empowered  to  serve,  execute,  and 
return  any  and  all  warrants  of  arrest,  and  all  pro- 
cesses directed  to  him  by  the  police  judge  of  said 
city,  and  to  arrest  all  persons  accused  or  guilty 
of  the  violation  of  any  city  ordinance,  or  of  any 
public  offense,  and  to  do  and  perform  all  acts  and 
duties  which,  in  criminal  cases,  any  constable  of 
the  county  may  lawfully  do,  and  receive  like  fees 
for  such  services;  provided,  the  city  council  may, 
in  their  discretion,  deduct  the  amount  so  received, 
for  fees  from  the  monthly  salary  of  such  officers, 
or  order  the  same  paid  into  the  city  treasury  for 
the  use  and  benefit  of  the  city,  as  received  by  said 
officers  respectively;  provided,  that  nothing  in  this 
charter  shall  be  construed  as  authorizing  or  enti- 
tling such  officers  to  charge  or  receive  from  such 
city,  or  the  county  wherein  situated,  any  fees  or 
costs  in  any  case  whatever,  nor  shall  such  city  or 
county  be  liable  to  pay  any  fees,  or  costs  to  such 
officers  for  any  service  they  may  render  in  any  ac- 
tion or  proceeding,  either  civil  or  criminal.  The 
chief  of  police  shall  attend  the  session  of  the  police 
court  when  required,  supervise  and  direct  the  po- 
lice force  of  the  city,  and  perform  such  other  du- 
ties as  may  be  required  by  the  city  council  apper- 
taining to  the  government  of  the  city  or  the  man- 
agement of  its  affairs,  not  especially  devolved  up- 
on some  other  officer  named  in  this  chapter;  and 
the  chief  of  police,  or  any  policeman,  at  his  dis- 
cretion, shall  serve  all  notices  by  this  chapter  pro- 
vided to  be  served,  in  which  the  city  is  in  any 
way  interested,  and  the  return  of  the  officer  serv- 
ing shall  be  evidence  of  the  facts  in  such  return 
stated,  but  none  of  such  officers  shall  serve  or  exe- 
cute any  civil  process,  except  as  provided  in  this 
chapter. 


Municipal  Corporations.  839 

Powers  of  justices. 

Sec.  700.  The  justices  of  the  peace  in  anrl  for 
the  township  embracing  such  city  shall  have  the 
same  powers  as  the  same  officers  in  any  justice's 
court  of  the  county,  and  shall  have  and  may  ex- 
ercise like  powers  and  authority;  provided,  how- 
ever, that  no  justice  of  the  peace  in  sucli  city 
shall  have  power  to  conduct  or  try  and  decide 
any  proceedings  or  cases  of  the  classes  mentioned 
in  section  six  hundred  and  twenty-two  of  this  act; 
but  nothing  in  this  section  shall  be  construed  to 
prevent  any  of  the  justices  in  said  city  from  act- 
ing as  police  judge. 
Interested  party  not  disqualified. 

Sec.  701.  The  interest  which  any  inhabitant  of 
such  city  may  have  in  a  penalty  for  the  breach 
of  a  by-law  or  ordinance  of  such  city  shall  not  dis- 
qualify said  inhabitant  to  act  as  judge,  juror,  or 
witness  in  any  prosecution  to  recover  the  penalty. 


Article  VII.— School  Department. 

Board. 

Sec    710.     The  board  of  education  of  such  city 
shall  be  elected  as  in  this  chapter  provided,  and 
shall  consist  of  one  superintendent  and  two  trus- 
tees from  each  ward  in  the  city. 
Superintendent. 

Sec.  711.  The  superintendent  shall  be  ex  officio 
secretary  of  the  board  of  education,  and  shfUl  re- 
ceive for  his  services  a  salary  which  shall  not 
exceed  eighteen  hundred  dollars  per  annum,  lie 
shall  report  to  the  city  council,  annually,  on  or  be- 
fore the  first  Monday  in  January,  and  at  such 
other  times  as  they  may  require,  all  matters  per- 
taining to  the  expenditures,  income,  condition,  and 
progress  of  the  public  schools  of  the  city  during 
the  preceding  year,  together  with  such  accommo- 
dations as  he  may  deem  proper,  and  shall,  at  the 
regular  meeting  of  the  board  of  education  in  June 
of  each  year,  submit  to  the  board  a  detailed  state- 
ment of  the  amount,  as  near  as  may  be  ascertain- 
ed, of  fuel,  blanks,   blank-books,  apparatus,   sta- 


S40  Municipal  Corporations. 

tioiu?ry.  and  such  other  articles,  materials,  or  sup- 
plies, including  books  for  indigent  children,  as 
may  be  necessary  for  the  use  of  the  city  schools 
and  the  board  for  one  year  following.  He  shall 
hav<;  poAver  to  administer  oaths  and  affirmations 
concerning  any  demand  upon  the  treasury  pay- 
able oul  of  the  school  fund,  or  other  matters  re- 
lating to  his  official  duties.  [Amendment  approv- 
ed March  14,  1885.  In  force  from  and  after  its 
passage.] 
Advertisement  for  supplies. 

Sec.  712.  The  board  of  education  shall,  upon  the 
receipt  of  the  statement  from  the  superintendent, 
as  in  the  pi(  ceuing  section  provided,  advertise  for 
the  space  of  five  successive  days  in  som<^  news- 
paper published  in  such  city,  for  sealed  proposals 
for  furnishing  the  articles  in  said  statement  speci- 
fied. Said  advertisement  shall  designate  a  day 
after  the  expiration  of  the  publication  aforesaid 
when  said  proposals  will  be  considered,  at  which 
time  the  board  or  a  committee  thereof  by  the 
board  for  such  purpose  designated,  shall  meet  and 
publicly  open  and  declare  the  proposals  received 
and  shall  thereupon  award  the  contract  therefor 
to  the  lowest  responsible  bidder  or  bidders,  in 
each  case;  provided,  that  all  bids  may  be  re.iect- 
ed  if  deemed  too  high.  Said  board  may,  in  their 
discretion,  require  a  good  and  sufficient  bond  with 
two  or  more  sureties,  to  be  filed  by  each  bidder, 
in  the  sum  of  two  hundred  dollars,  conditioned  for 
the  fulfillment  of  his  proposal  in  case  of  the  ac- 
ceptance thereof. 
Powers  of  board. 

Sec.  713.    Subject  to  and  in  accordance  with  the 
directions   and   provisions     of   this   chapter,     the 
board  of  education  shall  have  full  power: 
Establish  schools. 

1.  To  establish  and  maintain  public  schools,  in- 
cluding high  schools,  and  fix  and  alter  the  bound- 
aries o-f  the  district  thereof. 

Employees. 

2.  To  employ  and  dismiss  teachers,  janitors,  and 
other  necessary  help,  and  to  fix,  alter,  allow,  and 
order  paid  their  salaries  or  compensation,  and  to 
employ  and  pay  such  mechanics  and  laborers  as 


Municipal  Corporations.  841 

may  be  necessary  to  carry  into  effect  the  powers 
and  duties  of  the  board,  and  to  withhold,  for  good 
and  sufficient  cause,  the  whole  or  any  part  of  the 
salary  or  wages  of  any  person  or  persons  em- 
ployed as  aforesaid. 
Regulation  of  schools. 

3.  I^'o  make,  establish,  and  enforce  all  necessary 
and  proper  rules  and  regulations  not  contrary  to 
law,  for  the  government  and  progress  of  the  pub- 
lic schools  within  the  city,  the  pupils  therein  and 
the  teachers  thereof,  and  for  carrying  into  effect 
the  laws  relating  to  education;  also,  to  establish 
and  regulate  the  grade  of  schools,  and  determine 
what  course  of  study  and  mode  of  instruction  shall 
be  used  in  said  schools. 

Building  and  repairs. 

4.  To  build,  alter,  repair,  rent,  and  provide 
school-houses,  and  the  same  furnish  with  lights, 
water,  proper  school  furniture,  apparatus,  and 
school  appliances,  and  to  insure  any  and  all  school 
property. 

Real  estate. 

5.  To  receive,  purchase,  lease,  and  hold  in  fee, 
in  trust  for  such  city,  any  and  all  real  estate;  and 
to  hold  in  trust  any  personal  property  that  may 
have  been  or  may  hereafter  be  acquired  for  the 
use  and  benefit  of  the  public  schools  of  such  city. 
Improvements. 

6.  To  grade,  fence,  and  improve  school  lots,  and 
in  front  thereof  to  grade,  sewer,  glank,  or  pave 
and  repave,  and  to  construct  and  repair  sidewalks. 
Legal  privileges. 

7.  To  sue  for  any  and  all  lots,  lands,  and  prop- 
erty belonging  to  or  claimed  by  the  said  school  de- 
partment, and  to  prosecute  and  defend  all  actions 
at  law  or  in  equity  necessary  to  recover  and  main- 
tain the  full  enjoyment  and  possession  of  said  lots, 
lands,  and  property,  and  to  employ  and  pay  coun- 
sel in  such  cases. 

To  determine  amount  of  money  needed. 

8.  To  determine  annually  the  amount  of  taxa- 
tion, not  exceeding  thirty-five  cents  on  each  one 
hundred  dollars  valuation  on  the  assessment  roll, 
to  be  raised  upon  the  real  and  personal  property 

Gen.  Laws— 71. 


842  Municipal  Corporations. 

within  the  city  not  exempt  from  taxation,  for  the 
establishment  and  support  of  free  public  schools 
therein;  and  for  carrying  into  effect  all  the  pro- 
visions of  law  regarding  public  schools,  and  the 
amount  so  determined  by  said  board  of  education 
shall  be  reported  in  writing  to  the  city  council  on 
or  before  the  first  Monday  of  April  of  each  year; 
and  the  said  city  council  are  hereby  authorized 
and  required  to  levy  and  cause  to  be  collected,  at 
the  time  and  in  the  manner  of  levying  other  city 
taxes,  the  amount  of  taxation  so  determined  and 
reported  to  them  by  the  said  board  of  education, 
as  school  tax,  upon  all  taxable  property  in  the  city 
and  said  tax  shall  be  in  addition  to  all  other 
amounts  levied  for  city  purposes. 
Disbursements. 

9.  To  establish  regulations  for  the  just  and 
equal  disbursement  of  all  moneys  belonging  to  the 
"public-school  fund." 

Demands. 

10.  To  examine  and  allow,  in  whole  or  in  part, 
every  demand  payable  out  of  the  school  fund,  or 
to  reject  any  such  demand  for  good  cause,  of 
which  the  board  shall  be  sole  judge. 

Incumbrances. 

11.  To  discharge  all  legal  incumbrances  now  ex- 
isting, or  which  may  hereafter  exist,  upon  any 
school  property. 

Age  limit. 

12.  To  prohibit  any  child  under  six  years  of 
age  from  attending  the  public  schools. 

Other  acts. 

13.  And  generally  to  do  and  perform  such 
other  acts  as  may  be  necessary  and  proper  to  ^ar- 
ry  into  force  and  effect  the  powers  conferred  on 
said  board. 

Fund  not  to  be  diverted. 

14.  To  use  and  apply  the  school  fund  of  the  city 
for  the  purposes  in  this  section  heretofore  named, 
and  for  no  other  purpose  whatever. 
Non-residents. 

15.  To  admit  non-resident  children  to  any  of 
the  departments  of  the  schools  of  such  city  upon 
the  payment,  at  such  times  as  said  board  may  di- 
rect, of  tuition  fee,  to  be  fixed  by  said  board. 


Municipal  Corporations.  843 

Board  of  examination. 

Sec.  714.  No  teacher  shall  be  employed  in  any 
of  the  public  schools  of  such  city  without  having 
a  certificate  of  the  proper  grade,  issued  under  the 
provisions  of  this  chapter.  For  the  purpose  of 
granting  certificates  required,  the  board  of  edu- 
cation, either  as  a  body  or  by  a  board  of  examin- 
ation appointed  by  said  board  of  education,  and  of 
which  the  superintendent  shall  be  president,  shall 
hold  examinations  of  teachers.  No  certificate  shall 
be  issued  except  to  a  person  who  shall  have  passed 
a  satisfactory  examination  in  such  branches  as 
the  board  may  require,  and  shall  have  given  evi- 
dence of  good  moral  character,  ability,  and  fitness 
to  teach.  Examinations  of  teachers  must  be  held 
semi-annually,  at  such  times  as  the  board  may  de- 
termine. 
Revocation  and  renewal. 

Sec.  715.  The  board  may,  in  its  discretion,  re- 
new without  re-examination  the  certificate  of  any 
person  so  employed.  It  shall  have  power  to  re- 
voke the  certificate  of  any  teacher  upon  evidenco 
of  immoral  or  unprofessional  conduct  or  incompe- 
tency, and  shall  always  have  the  power  to  dis- 
miss any  and  all  teachers,  and  to  alter  the  amount 
of  salary  or  compensation  paid  to  either  or  any 
of  them.  The  board  of  education  may  also,  with- 
out examination,  grant  certificates  and  fix  the 
grade  thereof  to  the  holders  of  life  diplomas,  state 
educational  diplomas,  normal-school  diplomas, 
state  university  diplomas,  and  to  the  holders  of 
such  state  and  county  certificates  as  were  in  full 
force  and  effect  on  the  first  day  of  January,  eigh- 
teen hundred  and  eighty. 
Board  must  visit. 

Sec.  716.  It  shall  be  the  duty  of  the  board  of 
education  to  visit  and  examine  each-  school  at 
least  once  each  and  every  month;  to  observe,  and 
cause  to  be  observed,  such  general  rules  for  the 
regulation  and  government  and  instruction  of  the 
schools,  not  inconsistent  with  the  laws  of  the 
state,  as  may  be  established  by  the  board. 
School  fund,  how  constituted  and  applied. 

Sec.  717.     The  public-school  fund  of  such  city 
shall  consist  of  all  moneys  received  from  the  state 


844  .Nlimicipal   Corporations, 

and  county  school  fund;  of  all  moneys  arising 
from  taxes  which  shall  be  levied  by  the  city  coun- 
cil for  School  i)urposes;  of  all  moneys  arising  from 
the  sale,  rent,  or  exchange  of  school  property;  and 
of  such  other  moneys  as  may  from  any  source 
whatever  be  paid  into  said  school  fund;  which 
fund  shall  be  kept  separate  and  distinct  from  all 
other  moneys,  and  shall  only  be  used  for  school 
purposes  under  the  provisions  of  this  chapter.  No 
fees  or  commission  shall  be  allowed  or  paid 
for  assessing,  collecting,  keeping,  or  disbursing 
of  school  moneys;  and  if  at  the  end  of  the  fiscal 
year  any  surplus  remains  in  the  school  fund,  such 
surplus  money  shall  be  carried  forward  to  the 
school  fund  of  the  next  fiscal  year,  and  no  part 
of  the  school  fund  shall  be  for  any  purpose  or  in 
any  manner  whatever  diverted  or  withdrawn 
from  said  fund,  except  as  in  this  chapter  pro* 
vided. 
Approval  of  claims. 

Sec.  718.  All  claims  payable  out  of  the  school 
fund  shall  be  filed  with  the  secretary  of  the  board, 
and  shall  be  approved  by  a  majority  of  all  the 
members  of  the  board,  and  certificate  of  such  ap- 
proval shall  be  indorsed  thereon;  whereupon  the 
secretary  of  said  board  shall  draw  a  warrant  up- 
on the  city  treasurer  for  the  payment  thereof, 
which  warrant  shall  be  countersigned  by  the  su- 
perintendent. All  demands  for  salaries  of  teach- 
ers and  compensation  of  janitors  shall  be  payable 
monthly  in  the  same  manner  without  presentation 
of  claims  therefor. 
Payment  of  demands. 

Sec.  719.  All  demands  authorized  by  this  arti- 
cle, and  by  the  board  approved  as  aforesaid,  shall 
be  paid  by  the  city  treasurer  from  the  school  fund 
upon  the  presentation  of  the  warrants  therefor; 
provided,  that  the  board  of  education  shall  not, 
without  the  consent  of  the  city  council  first  had, 
have  power  to  create  any  debts  or  liability  in  any 
one  year  to  exceed  the  actual  revenue  or  avail- 
able means  in  the  city  treasury  under  the  control 
of  the  board,  and  justly  applicable  for  school  pur- 
poses for  suoli  year. 


Mnnic-ipal  Corporations.  845 


CHAPTER  A'l. 
Municipal  Corporations  of  the  Fifth  Class. 

(A  charter  for  cities  having  a  population  of  more 
than  3,000  and  not  exceeding  10,000.) 

Article  I. — General  Powers. 

Fifth  class. 

Sec.  750.  Every  municipal  corporation  of  the 
fifth  class  shall  he  entitled  the  city  of  (nam- 
ing it),  and  by  such  name  shall  have  perpetual  suc- 
cession, may  sue  and  be  sued  in  all  courts  and 
places,  and  in  all  proceedings  whatever;  shall 
have  and  use  a  common  seal;  alterable  at  the 
pleasure  of  the  city  authorities,  and  may  pur- 
chase, lease,  receive,  hold,  and  enjoy  real  and  per- 
sonal property,  and  control  and  dispose  of  the 
same  for  the  common  benefit. 

Article  II.— General  Provisions  Relating  to  OfiBcers. 

Officers. 

Sec.  751.  The  government  of  said  city  shall  be 
vested  in  a  board  of  trustees,  to  consist  of  five 
members;  a  board  of  education,  to  consist  of  five 
members;  and  whenever  a  free  public  library  and 
reading-room  is  established  therein,  five  trustees 
thereof;  a  recorder,  a  treasurer,  a  city  attorney,  a 
clerk,  a  marshal,  an  assessor,  and  such  subordi- 
nate officers  as  are  hereinafter  provided  for. 
Election  and  terms  of  office. 

See.  752.  The  members  of  the  board  of  trustees, 
and  of  the  board  of  education,  and  the  city  clerk, 
city  attorney,  assessor,  marshal,  treasurer,  and 
recorder  shall  be  elected  by  the  qualified  electors 
of  said  city,  at  a  general  municipal  election,  to  be 
held  therein  on  the  second  Monday  in  April  in 
each  odd-numbered  year.  The  city  clerk,  city  at- 
torney, assessor,  marshal,  treasurer,  and  recorder 


846  Municipal  Corporations. 

shall  hold  office  for  the  period  of  two  years  from 
and  after  the  Monday  next  succeeding  the  day 
of  such  election,  and  until  their  successors  are 
elected  and  qualified.  Members  of  the  board  of 
trustees  and  of  the  board  of  education  shall  hold 
otfice  for  the  period  of  four  years  from  and  after 
the  Monday  next  succeeding  the  day  of  such  elec- 
tion, and  until  their  successors  are  elected  and 
qualified;  provided  that  the  first  board  of  trustees 
and  board  of  education  elected  under  the  proTi- 
sions  of  this  act  shall,  at  their  first  meeting,  so 
classify  themselves,  by  lot,  as  that  three  of  their 
members  shall  go  out  of  office  at  the  expiration  of 
two  years,  and  two  at  the  expiration  of  four 
years.  The  board  of  trustees  may,  in  their  discre- 
tion, appoint  a  poundmaster,  also  a  superintend- 
ent of  streets  and  a  city  engineer,  all  of  whom 
.shall  hold  office  during  the  pleasure  of  the  boara. 
[Amendment,  approved  March  26,  1895;  Stats. 
1895,  chap.  clii.  In  effect  immediately.] 
Official  bonds. 

Sec.  753.  The  clerk,  treasurer,  city  attorney,  and 
marshal  shall,  respectively,  before  entering  upon 
the  duties  of  their  respective  offices,  each  execute 
a  bond  to  such  city  in  such  penal  sum  as  the  board 
of  trustees  by  ordinance  may  determine,  condi- 
tioned for  the  faithful  performance  of  his  duties, 
including  in  the  same  bond  the  duties  of  all  of- 
fices of  which  he  is  made  by  this  chapter  ex  of- 
ficio incumbent.  Such  bonds  shall  be  approved 
by  the  board  of  trustees.  All  bonds,  when  approv- 
ed, shall  be  filed  with  the  clerk,  except  the  bond 
of  the  clerk,  which  shall  be  filed  with  the  president 
of  the  board  of  trustees.  All  the  provisions  of  any 
law  of  this  state  relating  to  the  official  bonds  of 
officers  shall  apply  to  such  bonds  except  as  herein 
otherwise  provided.  Every  officer  of  such  city, 
before  entering  upon  the  duties  of  his  office,  shall 
take  nnd  file  with  the  clerk  the  constitutional  oath 
of  office. 
Vacancies. 

Sec.  754.  Any  vacancy  occurring  in  any  of  the 
offices  provided  for  in  this  act  shall  be  filled  by 
appointment  by  the  board  of  trustees;  but  if  such 
office  be  elective,  such  appointee  shall  hold  office 


Municipal  Corporations.  847 

only  until  the  next  regular  election,  at  which  time 
a  person  shall  be  elected  to  serve  for  the  remain- 
der  of  such  unexpired  term.  In  case  a  member  of 
the  board  of  trustees  is  absent  from  the  city  for 
the  period  of  ninety  days,  unless  by  permission  of 
the  board  of  trustees,  his  office  shall  by  the  board 
be  declared  vacant,  and  the  same  filled  as  in  case 
of  other  vacancies. 
Compensation. 

Sec.  755.  The  members  of  the  board  of  trustees 
shall  receive  no  compensation  whatever,  except 
while  acting  as  a  board  of  equalization.  The 
treasurer,  assessor,  marshal,  cleric,  and  recorder 
shall  severally  receive  at  stated  times,  a  compen- 
sation to  be  fixed  by  ordinance,  by  the  board  of 
trustees,  which  compensation  shall  not  be  increas- 
ed or  diminished  after  their  election,  or  daring 
their  several  terms  of  office.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  board  of 
trustees  from  fixing  such  several  amounts  of  com- 
pensation, in  the  first  instance,  during  the  term  of 
office  of  any  such  officer,  or  after  his  election.  The 
compensation  of  all  other  officers  shall  be  fixed 
from  time  to  time  by  the  board  of  trustees. 
[Amendment  approved  March  19,  1889;  Stats. 
1889,  p.  389.  In  effect  immediately.] 
Election  regulations. 

Sec.  756.  All  elections  in  such  city  shall  be  held 
in  accordance  with  the  general  election  laws  of 
the  state,  so  far  as  the  same  may  be  made  appli- 
cable, and  no  person  shall  be  entitled  to  vote  at 
such  election  unless  he  shall  be  a  qualified  elector 
of  the  county,  enrolled  upon  the  great  register 
thereof,  and  shall  have  resided  in  such  city  for  at 
least  thirty  days  next  preceding  such  election. 
The  board  of  trustees  shall  give  such  notice  of 
each  election  as  may  be  prescribed  by  ordinance, 
shall  appoint  boards  of  election,  and  fix  their  com- 
pensation, and  establish  election  precincts  and 
polling-places,  and  may  change  the  same;  provid- 
ed, that  no  part  of  any  ward  less  than  the  whole 
thereof  shall  be  attached  to  any  other  ward,  or 
part  thereof,  in  forming  election  precincts.  At 
any  municipal  election  the  last  printed  great  reg- 
ister of  the  county  shall  be  used,  and  any  elector 


848  Municipal  Corporations. 

whose  name  is  not  upon  such  printed  register 
shall  be  entitled  to  vote,  upon  producing  and  fil- 
ing with  the  board  of  election  a  certificate,  under 
the  hand  and  official  seal  of  the  county  clerk, 
showing  that  his  name  is  registered  and  uncan- 
celed upon  the  great  register  of  such  county,  pro- 
vided that  he  is  otherwise  entitled  to  vote. 
Eligibility  to  office. 

See.  757.  No  person  shall  be  eligible  to  hold  any 
office  in  such  city,  whether  filled  by  election,  or 
appointment,  unless  he  be  a  resident  and  elector 
therein,  and  shall  have  resided  in  such  city  for 
one  year  next  preceding  the  date  of  such  election 
or  appointment. 
Free  library. 

Sec.  758.  The  trustees  of  any  free  public  library 
created  or  existing  in  such  city  under  the  provis- 
ions of  an  act  entitled  "An  act  to  establish  free 
public  libraries  and  reading-rooms,"  approved 
April  twenty-sixth,  eighteen  hundred  and  eighty, 
shall  be  elected  by  the  qualified  electors  of  said 
city,  at  a  general  municipal  election  to  be  held 
therein  on  the  second  Monday  in  April  next  suc- 
ceeding the  passage  and  approval  of  this  act,  and 
shall  hold  office  for  the  period  of  four  years  from 
and  after  the  Monday  next  succeeding  the  day  of 
such  election,  and  until  their  successors  are  elect- 
ed and  qualified.  In  case  a  vacancy  shall  occur 
in  the  office  of  trustee  of  such  free  public  library 
and  reading-room,  the  board  of  trustees  of  said 
free  public  library  and  reading-room  shall  choose 
a  person  to  fill  such  vacancy,  who  shall  serve  un- 
til the  next  general  municipal  election,  when,  if 
the  term  does  not  then  expire,  a  person  shall  be 
elected  to  serve  for  the  remainder  of  such  unex- 
pired term.  [Amendment  approved  April  1,  1897; 
Stats.  isi»7.  chap,  celvii.     In  effect  immediately.] 


Municipal  Corporations.  <S49 


Article  III.— Legislative  Department. 

Bofivfl  of  trustees. 

Sec.  760.  Tl]e  board  of  trustees  shall  meet  on 
the  Monday  next  succeeding  the  date  of  said  gen- 
eral municipal  election,  shall  tal^e  the  oath  of  of- 
fice, shall  choose  one  of  their  number  president, 
and  shall  hold  regular  meetings  at  least  once  in 
each  month,  at  such  times  as  they  shall  fix  by  or- 
dinance. Special  meetings  may  be  called  at  any 
time  by  the  president  of  the  board  or  by  three 
trustees,  by  written  notice  delivered  to  each  mem- 
ber at  least  three  hours  before  the  time  specified 
for  the  purposed  meeting.  All  meetings  of  the 
board  of  trustees  shall  be  held  within  the  corpo- 
rate limits  of  the  city,  at  such  place  as  may  be 
designated  by  ordinance,  and  shall  be  public. 
Meetings. 

Sec.  761.  At  any  meeting  of  the  board  of  trus- 
tees, a  majority  of  the  trustees  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time,  and  mav 
compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  may  be  pre- 
scribed by  ordinance.  The  president  of  the  board 
shall  preside  at  all  meetings  of  the  board,  and  in 
case  of  his  absence,  the  board  may  appoint  a 
president  pro  tem.:  and  in  case  of  the  absence  of 
the  clerk,  the  president  or  president  pro  tem.  shall 
appoint  one  of  the  members  of  the  board  clerk 
pro  tem. 
Rules. 

Sec.  762.  The  board  of  trustees  shall  judge  of 
the  qualifications  of  its  members  and  of  all  elec- 
tion returns,  and  determine  contested  elections  of 
all  city  oflicei;s.  They  may  establish  rules  for  the 
conduct  of  their  proceedings,  and  punish  any 
member,  or  other  person,  for  disorderly  behavior 
at  any  meeting.  They  shall  cause  the  clerk  to 
keep  a  correct  journal  of  all  their  proceedings,  and, 
at  the  desire  of  any  member,  shall  cause  the  ayes 
and  noes  to  be  taken  on  any  question,  and  en- 
tered on  the  journal. 


850  Municipal  Corporations. 

Limitation  on  passage  of  ordinances. 

Sec.  TG3.  No  resolution  granting  any  fran- 
cliise,  and  no  ordinance  for  any  purpose,  shall  be 
passed  by  tlie  board  of  trustees  on  the  day  of  its 
introduction,  nor  within  five  days  thereafter,  nor 
at  any  other  than  a  regular  meeting,  or  an  ad- 
journed regular  meeting,  and  no  such  resolution 
and  no  ordinance  granting  any  franchise  shall  be 
passed  without  being  first  submitted  to  the  city 
attorney.  No  resolution  or  order  for  the  pay- 
ment of  money  shall  be  passed  at  any  other  than 
a  regular  meeting,  or  an  adjourned  regular  meet- 
ing, and  no  resolution  or  order  for  the  payment  of 
money,  no  resolution  granting  a  franchise,  and 
no  ordinance  for  any  purpose,  shall  have  any  val- 
idity or  effect  unless  passed  by  the  affirmative 
vote  of  at  least  three  trustees.  [Amendment  ap- 
proved March  19,  1889;  Stats.  1889,  p.  389.  In  ef- 
fect immediately,  r 

Sec.  764.  The  board  of  trustees  of  such  city 
shall  have  power: 

1.  To  pass  ordinances  not  in  conflict  with  the 
constitution  and  laws  of  this  state,  or  of  the  Unit- 
ed States. 

City  real  estate. 

2.  To  purchase,  lease,  or  receive  such  real  es- 
tate and  personal  property  as  may  be  necessary 
or  proper  for  municipal  purposes,  and  to  control, 
dispose  of,  and  convey  the  same  for  the  benefit 
of  the  city;  provided,  that  they  shall  not  have  any 
power  to  sell  or  convey  any  portion  of  any  water 
front:  but  may  rent  such  water  front  for  a  term 
not  exceeding  ten  years  for  the  purposes  of  erect- 
ing bath-houses  thereon. 

Light  and  water. 

3.  To  contract  for  supplying  the  city  with  wa- 
ter and  electric  or  other  lights  for  municipal  pur- 
poses; to  purchase,  lease,  or  construct  waterworks, 
and  electric  plant,  and  all  machinery,  conductors 
and  appliances  necessary  therefor,  and  to  supply 
said  city  with,  and  to  sell  to  the  inhabitants  there- 
of, water,  light,  heat,  and  power;  provided,  that 
in  all  cases  where  the  estimated  total  value  or 
price  of  the  waterworks  or  electric  plant  sought  to 
be  purchased,   constructed,     or  leased,     together 


Municipal  Corporations.  851 

with  all  machinery,  appliances,  and  appurtenances 
necessary  therefor,  shall  not  exceed  the  sum  of 
ten  thousand  dollars;  no  such  purchase  or  lease 
shall  be  made  unless  the  question  of  acquiring 
such  property  is  submitted  to  the  voters  of  such 
city,  in  the  same  manner  as  other  propositions,  at 
a  general  or  special  municipal  election,  and  a  ma- 
jority of  the  electors,  voting  at  such  election,  shall 
vote  in  favor  of  such  proposition. 
Public  highways. 

4.  To  establish,  build,  and  repair  bridges;  to 
establish,  lay  out,  alter,  keep  open,  open,  improve, 
and  repair  streets,  sidewalks,  alleys,  squares,  and 
other  public  highways  and  places  within  the  city, 
and  to  drain,  sprinkle,  and  light  the  same;  to  re- 
move all  obstructions  therefrom;  to  establish  the 
grades  thereof;  to  grade,  pave,  macadamize,  grav- 
el, and  curb  the  same  in  whole  or  in  part,  and  to 
construct  gutters,  culverts,  sidewalks,  and  cross- 
walks therein,  or  upon  any  part  thereof;  to  cause 
to  be  planted,  set  out,  and  cultivated  shade  trees 
therein;  and  generally  to  manage  and  control  all 
such  highways  and  places. 

Sewers. 

5.  To  establish,  construct,  and  maintain  drains 
and  sewers. 

Fire  extinguishment. 

6.  To  provide  fire  engines  and  all  other  neces- 
sary or  proper  apparatus  for  the  prevention  and 
extinguishment  of  fires. 

Poll-tax. 

7.  To  impose  on  and  collect  from  every  male 
inhabitant  between  the  ages  of  twenty-one  and 
sixty  years  an  annual  street  poll  tax,  not  exceed- 
ing two  dollars,  and  no  other  road  poll  tax  shall 
be  collected  within  the  limits  of  such  city;  pro- 
vided, that  any  member  of  the  volunteer  fire  com- 
pany in  such  city  shall  be  exempt  from  such  tax. 
Dog  tax. 

8.  To  impose  and  collect  an  annual  license,  not 
exceeding  two  dollars,  on  every  dog  owned  or  har- 
bored within  the  limits  of  the  city. 

Property  tax. 

9.  To  levy  and  collect,  annually,  a  property  tax, 
which  shall  be  apportioned  as  follows:     For  the 


852  Municipal  Coii3orations. 

j2:eneral  fund,  not  exceeding  sixty  cents  on  each 
one  hundred  dollars;  for  street  fund,  not  exceed- 
ing thirty  cents  on  eacli  one  hundred  dollars;  for 
school  fund,  not  exceeding  twenty  cents  on  each 
one  hundred  dollars;  for  sewer  fund,  not  exceed- 
ing ten  cents  on  each  one  hundred  dollars.  The 
levy  for  all  purposes  for  any  one  year  for  all  pur- 
poses to  which  such  funds  are  applicable  shall  not 
exceed  one  dollar  on  each  one  hundred  dollars  of 
the  assessed  value  of  all  real  and  personal  prop- 
erty within  such  city. 
Liquor  tax. 

10.  To  license,  for  purposes  of  regulation  and 
revenue,  all  and  every  kind  of  business,  including 
the  sale  of  intoxicating  liquors,  authorized  by  law 
and  transacted  or  carried  on  in  such  city,  and  all 
shows,  exhibitions,  and  lawful  games  carried  on 
therein;  to  fix  the  rates  of  license  upon  the  same, 
and  to  provide  for  the  collection  of  the  same  by 
suit  or  otherwise. 

River  improvement. 

11.  To  improve  the  rivers  and  streams  flowing 
through  such  city,  or  adjoining  the  same;  to  wid- 
en, straighten,  and  deepen  the  channels  thereof, 
and  remove  obstructions  therefrom;  to  improve 
the  water  front  of  the  city,  and  to  construct  and 
maintain  embankments  and  other  works  to  pro- 
tect such  city  from  overflow. 

Municipal  buildings. 

12.  To  erect  and  maintain  buildings  for  mu- 
nicipal purposes. 

Tracks  and  pipes. 

13.  To  permit  under  such  restrictions  as  they 
may  deem  proper,  the  laying  of  railroad  tracks 
and  running  of  cars  drawn  by  horses,  steam,  elec- 
tricity, or  other  power  thereon,  and  the  laying  of 
gas  or  water  pipes  in  the  public  streets,  and  to 
construct  and  maintain,  and  to  permit  the  con- 
struction and  maintenance  of,  telegraph,  tele- 
phone, and  electric  ligj't  lines  therein. 

Ward  division. 

14.  In  its  discretion  to  divide  the  city,  by  ordi- 
nance, into  a  convenient  number  of  wards,  not 
exceeding  five,  to  fix  the  boundaries  thereof,  and 
to  change  the  same  from  time  to  time;  provided. 


Municipal  Corporations.  853 

that  no  change  in  the  boundaries  of  any  ward 
shall  be  made  within  sixty  days  next  before  the 
date  of  said  general  municipal  election,  nor  with- 
in twenty  months  after  the  same  shall  have  been 
established  or  altered.  Whenever  such  city  shall 
be  so  divided  into  wards  the  board  of  trustees 
shall  designate  by  ordinance  the  number  of  trus- 
tees to  be  elected  from  each  ward,  apportioning 
the  same  in  proportion  to  the  population  of  such 
ward;  and  thereafter  the  trustees  so  designated 
shall  be  elected  by  the  qualified  electors  resident 
in  such  ward,  or  by  the  general  vote  of  the  whole 
city,  as  may  be  designated  in  such  ordinance. 
Policemen. 

15.  To  appoint  and  remove  such  policemen  and 
such  other  subordinate  officers  as  they  may  deem 
proper,  and  to  fix  their  duties  and  compensation. 
Violation  of  ordinances. 

16.  To  impose  fines,  penalties  and  forfeitures 
for  any  and  all  violation  of  ordinances,  and  for 
any  breach  or  violation  of  any  ordinance  to  fix  the 
penalty  by  fine  or  imprisonment,  or  both,  but  no 
such  fine  shall  exceed  three  hundred  dollars,  nor 
the  term  of  such  imprisonment  exceed  three 
months. 

Prison  labor. 

17.  To  cause  all  persons  imprisoned  for  viola- 
tion of  any  ordinance  to  labor  on  the  streets,  or 
other  property,  or  works  within  the  city. 

Fire  limits. 

18.  To  establish  the  fire  limits  with  proper  reg- 
ulations. 

Other  acts. 

19.  To  do  and  perform  any  and  all  other  acts 
and  things  necessary  and  proper  to  carry  out  the 
provisions  of  this  chapter,  and  to  exact  and  en 
force  within  the  limits  of  such  city  all  other  local, 
police,  sanitary,  and  other  regulations  as  do  not 
conflict  with  general  laws.  [Amendment  approved 
March  27,  1897;  Stats.  1897,  chap,  cxxxvi.  In  ef- 
fect immediately.] 

Enacting  clause. 

Sec.  7G5.     The  enacting  clause  of  all  ordinances- 
shall  be  as  follows:  "The  board  of  trustees  of  the 
Gen.  Laws — 72. 


854  Municipal  Corporations. 

city  of  do  ordain  as  follows."     Every  ordl 

nance  shall  be  signed  by  the  president  of  the  board 
of  trustees,  attested  by  the  clerk,  and  published 
at  least  once  in  a  newspaper  published  in  such 
city,  or  printed  and  posted  in  at  least  three  public 
places  therein.  It  shall  not  be  necessary  in  any 
action,  civil  or  criminal,  to  plead  or  prove  the 
organization  or  existence  of  such  corporation,  nor 
the  passage,  existence,  or  validity  of  any  ordi- 
nance thereof;  and  courts  shall  take  judicial  cogni- 
zance thereof  without  proof.  [Amendment  ap- 
proved March  19,  1889;  Stats.  1889,  p.  389.  In  ef- 
fect immediately.] 
Board  to  audit  demands. 

Sec.  766.  All  demands  against  such  city,  except 
as  otherwise  by  law  provided,  shall  be  presented 
to  and  audited  by  the  board  of  trustees,  in  accord- 
ance with  such  regulations  as  they  may  by  ordi- 
nance prescribe;  and  upon  the  allowance  of  any 
such  demand,  the  president  of  the  board  shall 
draw  a  warrant  upon  the  treasurer  for  the  same, 
which  warrant  will  be  countersigned  by  the  clerk, 
and  shall  specify  for  what  purpose  the  same  is 
drawn,  and  out  of  what  fund  it  is  to  be  paid. 
[Amendment  approved  March  19,  1889;  Stats. 
1889.  p.  389.  In  effect  immediately.] 
Indebtedness  not  to  exceed  moneys  provided. 

Sec.  767.  The  board  of  trustees  shall  not  create, 
audit,  allow,  or  permit  to  accrue  any  debt  or  lia- 
bility in  excess  of  the  available  money  in  the  treas- 
ury that  may  be  legally  apportioned  and  appro- 
priated for  such  purposes,  except  in  the  manner 
provided  by  law  for  incurring  indebtedness;  pro- 
vided, that  any  city  during  the  first  year  of  its  ex- 
istence under  this  act  may  incur  such  indebted- 
ness or  liability  as  may  be  necessary,  not  exceed- 
ing in  all  the  income  and  revenue  provided  for  it 
for  such  year;  nor  shall  any  warrant  be  drawn,  or 
evidence  of  indebtedness  be  issued,  unless  there 
be  at  the  time  sufficient  money  in  the  treasury 
legally  applicable  to  the  payment  of  the  same,  ex 
cept  as  hereinbefore  provided.  [Amendment  ap- 
])roved  Marcli  19,  1889;  Stats.  1889,  p.  389.  In  ef- 
fect immediately.] 


Alimicipal  Corporations.  855 

Incurring  of  excess  decided  at  an  election. 

Sec.  7GS.  U'  at  any  time  the  board  of  trustees 
shall  deem  it  necessary  to  incur  any  indebtedness 
in  excess  of  the  money  in  the  treasury  applicable 
to  the  purposes  for  which  such  indebtedness  is  to 
J3e  incurred,  they  shall  give  notice  of  a  special 
election  by  the  qualified  electors  of  the  city,  to  be 
held  to  determine  whether  such  indebtedness  shall 
be  incurred.  Such  notice  shall  specify  the  amount 
of  indebtedness  proposed  to  be  incurred;  the 
purpose  or  purposes  if  the  question  of  indebted- 
ness for  more  than  one  purpose  be  proposed  of  the 
same,  and  the  amount  of  money  necessary  to  be 
raised  annually  by  taxation  for  an  interest  and 
sinking  fund  as  hereinafter  provided;  provided, 
that  such  interest  shall  not  be  in  excess  of  seven 
per  cent  per  annum.  Such  notice  shall  be  publish- 
ed for  at  least  two  weeks  in  some  newspaper  pub- 
lished in  such  city,  and  no  other  question  or  mat- 
ter shall  be  submitted  to  the  electors  at  such  elec- 
tion. If,  upon  the  canvass  of  the  votes  cast  at 
such  election,  it  appears  that  not  less  than  two 
thirds  of  all  the  qualified  electors  voting  at  such 
election  shall  have  voted  in  favor  of  incurring  such 
indebtedness,  it  shall  be  the  duty  of  the  board  of 
trustees  to  pass  an  ordinance  providing  for  the 
mode  of  creating  such  indebtedness  and  of  paying 
the  same;  and  in  such  ordinance  provision  shall  be 
made  for  the  levy  and  collection  of  an  annual  tax 
upon  all  the  real  and  personal  property  subject  to 
taxation  within  such  city,  sufficient  to  pay  the  in- 
terest on  such  indebtedness  as  it  falls  due;  and 
also,  to  constitute  a  sinking  fund  for  the  payment 
of  the  principal  thereof  within  a  period  of  not 
more  than  twenty  years  from  the  time  of  contract- 
ing of  the  same.  It  shall  be  the  duty  of  the  board 
of  trustees,  in  each  year  thereafter,  at  the  time  at 
wliich  taxes  are  levied,  to  levy  a  tax  sufficient  for 
such  purposes  in  addition  to  the  taxes  by  this 
chapter  authorized  to  be  levied.  Such  tax  when 
collected  shall  be  kept  in  the  treasury  as  a  separ- 
ate fund,  or  funds,  in  case  indebtedness  be  in- 
curred for  different  purposes,  to  be  inviolably  ap- 
propriated to  the  payment  of  the  principal  and  in- 
terest    of  such     indebtedness.      [Amendment  ap- 


856  Municipal  Corporations. 

proved  March  19,  1889;  Stats.  1889,  p.  371.    In  ef- 
fect immediately.] 

At  ttie  same  session  there  was  another  amend- 
ment of  section  768,  as  follows: 
Incurring  of  indebtedness  to  be  decided  at  an  elec- 
tion. 

Sec.  768.  If  at  any  time  the  board  of  trustees 
shall  deem  it  necessary  to  incur  any  indebtedness 
in  excess  of  the  money  in  the  treasury  applicable 
to  the  purposes  for  which  such  indebtedness  is 
to  be  incurred,  they  shall  give  notice  of  a  special 
election  by  the  qualified  electors  of  the  city,  to  be 
held  to  determine  whether  such  indebtedness  shall 
be  incurred.  Such  notice  shall  specify  the  amount 
of  indebtedness  proposed  to  be  incurred,  the  pur- 
pose or  purposes  (if  the  question  of  indebtedness 
for  more  than  one  purpose  be  proposed)  of  the 
same,  and  the  amount  of  money  necessary  to  be 
raised  annually  by  taxation  for  an  interest  and 
sinlving  fund  for  each  purpose,  as  hereinafter  pro- 
vided. Such  notice  shall  be  published  for  at  least 
two  weeks  in  some  newspaper  published  and  cir- 
culated in  such  city;  and  no  other  question  or  mat- 
ter shall  be  submitted  to  the  electors  at  such  elec- 
tion. If,  upon  a  canvass  of  the  votes  cast  at  such 
election,  it  appears  that  not  less  than  two  thirds 
of  all  the  qualified  electors  voting  at  such  election, 
or  if  more  than  one  proposition  is  submitted,  vot- 
ing on  such  proposition,  shall  have  voted  in  favor 
of  incurring  such  indebtedness,  it  shall  be  the  duty 
of  the  board  of  trustees  to  pass  an  ordinance  pro- 
viding for  the  worlv  of  creating  such  indebtedness 
and  of  paying  the  same;  and  in  such  ordinance 
provision  shnll  be  made  for  tlie  levy  and  collection 
of  an  annual  tax  upon  all  the  real  and  personal 
property  subject  to  taxation  within  such  city,  suf- 
ficient to  pay  the  interest  on  such  indebtedness  as 
it  falls  due;  and  also  to  constitute  a  sinlving  fund 
for  the  payment  of  the  principal  thereof  within  a 
period  of  not  more  than  twenty  years  from  the 
time  of  contracting  the  same.  It  shall  be  the  duty 
of  the  board  of  trustees  in  each  year  thereafter, 
at  the  time  at  which  other  taxes  are  levied,  to  levy 
a  tax  sutficient  for  such  purposes  in  addition  to 
the  taxes  by  this  chapter  authorized  to  be  levied. 


Municipal  Corporations.  SoT 

Such  tax.  when  collected,  shall  be  kept  in  the 
treasury  as  a  separate  fund,  or  funded  if  indebt- 
edness  be  incurred  for  different  purposes,  to  be  in- 
violablj'  appropriated  to  the  payment  of  the  prin- 
cipal and  interest  of  such  indebtedness.  [Amend- 
ment approved  March  19.  1889;  Stats.  1889  ,p.  397. 
In  effect  immediately.] 
Imprisonment. 

Sec.  769,  The  violation  of  any  ordinance  of  such 
city  shall  be  deemed  a  misdemeanor,  and  may  be 
prosecuted  in  the  name  of  the  people  of  the  state 
of  California.  Any  person  sentenced  to  imprison- 
ment for  the  violation  of  any  ordinance  may  be 
imprisoned  in  the  city  jail,  or,  if  the  board  of  trus- 
tees shall  by  ordinance  so  prescribe,  in  the  county 
jail  of  the  county  in  which  such  city  may  be  situ- 
ated; in  which  case  the  expense  of  such  imprison- 
ment shall  be  a  charge  in  favor  of  such  county 
against  such  city.  [Amendment  approved  March 
19,  1889:  Stats.  1889,  p.  389.  In  effect  immediate- 
ly.] 
Nuisances. 

Sec.  770,  Every  act  or  thing  done  or  being 
within  the  limits  of  such  city,  which  is  or  may  be 
declared  by  law  or  by  any  ordinance  of  such  city 
to  be  a  nuisance,  shall  be  and  is  hereby  declared 
to  be  a  nuisance,  and  shall  be  considered  and 
treated  as  such  in  all  actions  and  proceedings 
whatever;  and  all  remedies  which  are  or  may  be 
given  by  law  for  the  prevention  and  abatement  of 
nuisances  shall  apply  thereto. 
Repairs  assessed  on  fronting  property. 

Sec.  771.  The  board  of  trustees  are  hereby  au- 
thorized and  empowered  to  order  any  work  au- 
thorized by  this  chapter  to  be  done  upon  the 
streets,  avenues,  highways,  and  public  places  of 
such  city.  The  cost  and  expense  incurred  there- 
for shall  be  paid  as  follows,  to  wit:  the  expense  or 
cost  of  improving  and  repairing  streets,  sidewalks, 
alleys,  squares,  and  other  public  highways  and 
places  within  the  city,  removing  obstructions  there- 
from, grading,  paving,  macadamizing,  graveling, 
and  curbing  the  same,  and  constructing  gutters, 
culverts,  and  sidewalks  therein,  shall  be  assessed 
upon  the  lots  and  lands  fronting  thereon,  each  lot 


858  Municipal  Corporations. 

or  portion  of  a  lot  being  separately  assessed  for 
the  full  debt  thereof  in  proportion  to  the  benefits 
upon  the  property  to  be  benefited,  sufficient  to  cov^ 
er  the  total  expense  of  the  worli  to  the  center  of  the 
street  on  which  it  fronts;  provided,  tliat  the  board 
of  trustees  may  expend  from  the  general  fund  for 
said  purposes  a  sum  not  exceeding  one  hundred 
dollars  on  any  one  street  in  any  one  year.  The  ex- 
pense of  all  improvements  in  the  space  formed  by 
the  junction  of  tv^^o  or  more  streets,  or  where  one 
main  street  terminates  in  or  crosses  another  main 
street,  and  also  all  necessary  street-crossings,  or 
crossways  at  corners  or  intersection  of  streets,  and 
the  expense  of  establishing,  building,  and  repairing 
bridges  in  such  city,  shall  be  paid  by  such  city. 
The  expense  incui'red  in  making  and  repairing 
sewers  in  any  streets  shall  be  paid,  one-fourth  by 
the  owner  of  the  lands  on  one  side  of  said  street, 
one-fourth  by  the  owner  of  the  land  on  the  other 
side  of  said  streets,  and  one-half  by  the  city  out 
of  the  sewer  fund.  In  all  the  streets  constituting 
the  water-front  of  such  city,  or  bounded  on  the  one 
side  by  the  property  thereof,  the  expense  of  worli 
done  on  that  portion  of  said  streets,  from  the  cen- 
ter line  thereof  to  the  said  water-front,  or  to  such 
property  of  the  city  bounded  thereon,  shall  be 
paid  for  by  such  city;  but  no  contract  for  any 
such  work  shall  be  given,  except  to  the  lowest  re- 
sponsible bidder,  and  in  the  manner  hereinafter 
provided.  When  any  work  or  improvements  men- 
tioned in  this  section  is  done  or  made  on  one  side 
of  the  center  line  of  said  streets,  avenues,  or  pub- 
lic highways,  the  lots  or  portions  of  lots  fronting 
on  that  side  only  shall  be  assessed  to  cover  the  ex- 
penses of  said  work,  according  to  the  provisions 
of  this  chapter.  Whenever  any  expenses  or  cost 
of  work  shall  have  been  assessed  on  any  lands, 
the  amount  of  said  expenses  shall  become  a  lien 
upon  said  lands,  which  shall  take  precedence  of  all 
other  liens,  and  which  may  be  foreclosed  in  ac- 
cordance with  the  provisions  of  the  Code  of  Civil 
Procedure.  Said  suit  shall  be  in  the  name  of  the 
city  of  (naming  it),  as  plaintiff.  Upon  the  filing  of 
a  complaint  in  the  superior  court  to  enforce  a  lien 
of  any  lj;ind  hereon,  the  plaintiff  shall  be  entitled, 
if  a  recovery  is  had  or  the  money  is  paid,  to  in- 


Municipal  Corporations.  859 

elude  as  costs  the  sum  of  twenty-five  dollars  as 
attorney's  fees. 
Ri.srht  of  way. 

Sec.  772.  Whenever  it  shall  become  necessary 
for  the  city  to  take  or  damage  private  property  for 
the  purpose  of  establishing,  laying  out,  extending, 
and  widening  streets  and  other  public  highways 
and  places  within  the  city,  or  for  the  purpose  of 
rights  of  way  for  drains,  sewers,  and  aqueducts, 
and  for  the  purpose  of  widening,  straightening,  or 
diverting  the  channels  of  streams,  and  the  im- 
provements of  water-fronts,  and  the  board  of  trus- 
tees cannot  agree  with  the  owner  thereof  as  to  the 
price  to  be  paid,  the  trustees  may  direct  proceed- 
ings to  be  taken  under  section  twelve  hundred  and 
thirty-seven,  and  following  sections,  to  and  includ- 
ing section  twelve  hundred  and  sixty-three  of  the 
Code  of  Civil  Procedure,  to  procure  the  same. 
City  tax  levy. 

Sec.  773.  The  board  of  trustees  shall  have  the 
power,  and  it  shall  be  their  duty,  to  provide  by  or- 
dinance a  system  for  the  assessment,  levy,  and  col- 
lection of  all  city  taxes  not  inconsistent  with  the 
provisions  of  this  chapter,  which  system  shall  con- 
form, as  nearly  as  the  circumstances  of  the  case 
may  permit,  to  the  provisions  of  the  laws  of  this 
state  in  reference  to  assessment,  levy,  and  collec- 
tion of  state  and  county  taxes,  except  as  to  the 
time  for  such  assessment,  levy,  and  collection,  and 
except  as  to  the  officers  by  whom  such  duties  are 
to  be  performed.  All  taxes  shall  be  collected  by 
the  marshal  or  treasurer,  as  may  be  determined 
by  the  board  of  trustees  by  ordinance.  All  taxes 
assessed,  together  with  any  percentage  imposed  for 
delinquency  and  the  costs  of  collection,  shall  con- 
stitute liens  on  the  property  assessed;  every  tax 
upon  the  personal  property  shall  be  a  lien  upon  the 
real  property  of  the  owner  thereof.  The  liens  pro- 
vided for  in  this  section  shall  attach  as  of  the  first 
Monday  in  March  in  each  year,  and  may  be  en- 
forced by  a  sale  of  the  real  property  affected,  and 
the  execution  and  delivery  of  all  necessary  certifi- 
cates and  deeds  therefor,  under  such  regulations 
as  may  be  prescribed  by  ordinance,  or  by  action 


860  Mimicipal  Corporations. 

in  any  court  of  competent  jurisdiction  to  foreclose 
such  liens;  provided,  that  any  property  sold  for 
such  taxes  shall  be  subject  to  redemption  within 
the  time  and  in  the  manner  and  upon  the  terms 
provided  or  that  may  hereafter  be  provided  by  law 
for  the  redemption  of  property  sold  for  state  taxes. 
All  deeds  made  upon  any  sale  of  property  for 
taxes  or  special  assessments  under  the  provisions 
of  this  chapter  shall  have  the  same  force  and  ef- 
fect in  evidence  as  is  or  may  hereafter  be  provided 
by  law  for  deeds  for  property  sold  for  non-pay- 
ment of  state  taxes.  [Amendment  approved 
March  19,  1889;  Stats.  1889,  p.  389.  In  effect  im- 
mediately.! 
Equalization. 

Sec.  774.  The  board  of  trustees  shall  meet  at 
tlieir  usual  place  of  holding  meetings  on  the  sec- 
ond Monday  of  August  of  each  year,  at  ten  o'clock 
in  the  forenoon  of  said  day,  and  sit  as  a  board  of 
equalization,  and  shall  continue  in  session  from 
day  to  day  until  all  the  returns  of  the  assessor 
have  been  rectified.  They  shall  have  power  to 
hear  complaints,  and  to  correct,  modify,  or  strilie 
out  any  assessment  made  by  the  assessor,  and 
may,  of  their  own  motion,  raise  any  assessment, 
upon  notice  to  the  party  whose  assessment  is  to  be 
raised.  The  corrected  list  for  each  tax  shall  be 
the  assessment  roll  for  said  tax  for  said  year.  It 
shall  be  certified  by  the  city  clerls,  who  shall  act 
as  clerk  of  the  board  of  equalization,  as  being  the 
assessment  roll  for  said  tax,  and  shall  be  the  as- 
sessment roll  upon  which  such  tax  is  to  be  levied 
in  said  year. 
Construction  of  act. 

Sec.  775.  Nothing  in  this  chapter  contained  shall 
be  construed  to  prevent  any  city  having  a  bonded 
indebtedness,  contracted  under  laws  heretofore 
passed,  from  levying  and  collecting  such  taxes  for 
the  payment  of  such  indebtedness,  and  the  inter- 
est thereon,  as  are  provided  for  in  such  laws,  in 
addition  to  the  taxes  herein  authorized  to  be  lev- 
ied and  collected;  nor  to  prevent  any  city  from 
levying  and  collecting  the  tax  authorized  by  the 
act  entitled  "An  act  to  establish  free  public  libra- 


Municipal  Corporations.  861 

ries  and  reading-rooms,"  approved  April  twenty- 
sixth,  eighteen  hundred  and  eighty,  in  addition  to 
the  taxes  herein  authorized  to  be  levied  and  col- 
lected. All  moneys  received  from  licenses,  street 
poll-tax,  and  from  fines,  penalties,  and  forfeitures, 
shall  be  paid  into  the  general  fund. 
Water-front  fund. 

Sec.  776.  The  board  of  trustees  may  also  levy, 
and  cause  to  be  collected  in  each  year,  in  addition 
to  the  taxes  herein  authorized  to  be  levied  and 
collected,  a  tax,  not  exceeding  ten  cents  on  each 
one  hundred  dollars  of  the  assessed  value  of  all 
real  and  personal  property  within  such  city  sub- 
ject to  taxation,  the  proceeds  of  which  tax  shall 
be  knoAvn  as  the  "river  and  water-front  improve- 
ment fund,"  and  shall  be  applied  to  the  improve- 
ment of  streams,  bays,  and  water-fronts,  and  the 
erection  of  embanli:ments  and  other  works  to  pro- 
tect the  city  from  overflow,  and  for  no  other  pur- 
poses whatever. 
Fublic  work  to  be  contracted  for. 

See.  777.  In  the  erection,  improvement,  and  re- 
pair  of  all  public  buildings  and  works,  in  all  street 
and  sewer  work,  and  in  all  work  in  or  about 
streams,  bays,  or  water-fronts,  or  in  or  about  em- 
banlvments,  or  other  works  for  protection  against 
overflow,  and  in  furnishing  any  supplies  or  mate- 
rials for  the  same,  when  the  expenditure  required 
for  the  same  exceeds  the  sum  of  one  hundred  dol- 
lars, the  same  shall  be  done  by  contract,  and  shall 
be  let  to  the  lowest  responsible  bidder,  after  notice 
by  publication  in  a  newspaper  of  general  circu- 
lation printed  and  published  in  such  city,  for  at 
least  two  weeks,  or  if  ther  e  be  no  news- 
paper printed  or  published  therein,  by  printing 
and  posting  the  same  in  at  least  four  public  places 
therein  for  the  same  period.  Such  notice  shall  dis- 
tinctly and  specifically  state  the  work  contem- 
plated to  be  done:  provided,  that  the  board  of 
trustees  may  reject  all  bids  presented,  and  read- 
vertise,  in  their  discretion.  The  board  of  trustees 
shall  annually,  at  a  stated  time,  contract  for  doing 
all  city  printing  and  advertising,  whch  contract 
shall  be  let  to  the  lowest  bidder,  after  notice,  as 


862  Municipal  Corporations. 

provided  in  this  section,  and  the  cofitract  therefor 
shall  be  awarded  separately  from  all  other  print- 
ing. [Amendment  approved  March  10,  1891,  Stats. 
1S91,  p.  54.] 

Powers  of  president. 

Sec.  778.  The  president  of  the  board  of  trustees 
shall  preside  over  all  meetings  of  the  board  at 
which  he  is  present.  In  his  absence  a  president 
pro  tem.  may  be  chosen.  The  president,  and  in  his 
absence  the  president  pro  tem.,  shall  sign  all  war- 
rants drawn  on  the  city  treasurer,  and,  unless 
otherwise  provided  by  said  board,  shall  sign  all 
written  contracts  entered  into  by  said  city,  as  such 
president  or  president  pro  tem.  The  authority  and 
power  of  the  president  pro  tem.  shall  continue  only 
during  the  day  on  which  he  is  chosen.  The  presi- 
dent and  president  pro  tem.  shall  have  power  to 
administer  oaths  and  affirmations,  and  take  affi- 
davits and  certify  the  same  under  their  hands. 
The  president  or  president  pro  tem.  shall  sign  all 
conveyances  made  by  said  city,  and  all  instruments 
which  shall  require  the  «eal  of  the  city.  The  pres- 
ident is  authorized  to  acknowledge  the  execution 
of  all  instruments  executed  by  said  city  that  re- 
quire to  be  acknowledged.  He  shall  have  power 
to  administer  oaths  and  affirmations  concerning 
any  demand  upon  the  treasury,  and  in  all  matters 
relating  to  the  duties  of  the  board  of  trustees,  and 
to  witnesses  examined  in  any  investigation  had 
by  said  board,  or  by  any  committee  thereof  duly 
authorized  to  make  such  investigation.  Said  presi- 
dent may  issue  subpoenas  under  his  hand  and  the 
seal  of  such  city,  attested  by  rhe  city  clerk,  to 
compel  the  nttendnnce  of  witnesses  before  such 
board  of  trustees  or  committee  thereof.  [Amend- 
ment approved  March  19,  1889;  Stats.  1889,  p.  389. 
In  effect  immediately.] 


Municipal  Corporations. 


Article  IV.— Executive  Department. 

Treasurer. 

Sec.  786.  It  shall  be  the  duty  of  the  treasurer  to 
receive  and  safely  keep  all  moneys  which  shall 
come  into  his  hands  as  city  treasurer,  for  all  of 
which  he  shall  give  duplicate  receipts,  one  of  which 
shall  be  filed  with  the  city  clerk.  He  shall  pay  out 
said  money  on  warrants  signed  by  the  proper  of- 
ficers, and  not  otherwise,  except  interest  coupons 
on  bonds.  He  shall  make  quarterly  settlements 
with  the  city  clerk.  He  shall  collect  all  taxes  lev- 
ied by  the  board  of  trustees,  if  so  required  by  ordi- 
nance. [Amendment  approved  March  19,  1889; 
Stats.  1889,  p.  389.  In  effect  immediately.] 
Assessor. 

Sec.  787.  It  shall  be  the  duty  of  the  assessor,  be- 
tween the  first  day  of  May  and  the  first  day  of 
August  in  each  year,  to  make  out  a  true  list  of  all 
the  taxable  property  within  the  city.  The  mode 
of  making  out  of  said  list,  and  proceedings  relat- 
ing thereto,  shall  be  in  conformity  with  laws  now 
in  force  regulating  county  assessors,  except  as  the 
same  may  be  otherwise  provided  in  this  act,  or  by 
ordinance.  Said  list  shall  describe  the  property 
assessed  and  the  value  thereof,  and  shall  contain 
all  other  matters  required  to  be  stated  in  such  lists 
by  county  assessors.  Said  assessor  shall  verify 
said  list  by  his  oath,  and  shall  deposit  the  same 
with  the  city  clerk,  on  or  before  the  first  Monday 
of  August  in  each  year.  The  assessor  shall,  dur- 
ing said  time,  also  make  a  list  of  all  male  persons 
residing  within  the  limits  of  such  city  over  the 
age  of  twenty-one  years,  and  shall  verify  said  list 
by  his  oath,  and  shall,  on  or  before  the  first  Mon- 
day of  August  in  each  year,  deposit  the  same  with 
the  city  clerk.  Said  assessor  and  his  deputy  shall 
have  power  to  administer  all  oaths  and  affirma- 
tions necessary  in  the  performance  of  his  duties. 
City  clerk,  duties  of. 

Sec.  788.  It  shall  be  the  duty  of  the  city  clerk 
to  keep  a  full  and  true  record  of  all  the  proceed- 


864  Municipal  Corporations. 

ings  of  the  board  of  trustees  and  of  the  board  of 
equalization.  The  proceedings  of  the  board  of 
trustees  shall  be  kept  in  a  book,  marked  "Records 
of  the  Board  of  Trustees."  The  proceedings  of  the 
board  of  equalization  shall  be  kept  in  a  separate 
book,  marked  "Kecords  of  the  Board  of  Equaliza- 
tion." He  shall  keep  a  book,  which  shall  be  mark- 
ed "City  Accounts,"  in  which  shall  be  entered  as 
a  credit  all  moneys  received  by  the  city  for  li- 
censes, the  amount  of  any  tax  when  levied,  and 
all  other  moneys  received;  and  in  which  shall  be 
entered  upon  the  debtor  side  all  commissions  de- 
ducted, and  all  warrants  drawn  on  the  treasury. 
He  shall  also  keep  a  book,  marked  "Marshal's  Ac- 
count," in  which  he  shall  charge  the  city  marshal 
with  all  the  tax  lists,  if  any,  delivered  to  him,  and 
all  licenses  delivered  to  him.  He  shall  credit  the 
marshal  with  the  delinquent  lists  returned  by  him. 
He  shall  also  keep  a  book,  marked  "Treasurer's 
Account,"  in  which  he  shall  keep  a  full  account  of 
the  transactions  of  the  city  with  the  treasurer. 
He  shall  also  keep  a  book,  marked  "City  Licens- 
es." in  which  he  shall  enter  all  licenses  delivered 
by  him  to  the  marshal,  and  the  amount  thereof. 
He  shall  also  keep  a  book,  marked  "City  Ordi- 
nances," into  which  he  shall  copy  all  city  ordi- 
nances, with  his  certificate  annexed  to  said  copy, 
stating  the  foregoing  ordinance  is  a  true  and  cor- 
rect copy  of  an  ordinance  of  such  city,  and  giving 
the  number  and  title  of  said  ordinance,  and  stat- 
ing that  the  same  has  been  published  or  posted  ac- 
cording to  law.  Said  record  copy,  with  said  cer- 
tificate, or  the  original  ordinance,  shall  be  prima 
facie  evidence  of  the  contents  of  the  ordinance 
and  of  the  due  passage  and  publication  of  the 
same,  and  shall  be  admissible  as  such  evidence 
in  any  court  or  proceeding.  Said  records  shall  not 
be  filed  in  any  case,  but  shall  be  returned  to  the 
custody  of  the  city  clerk.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  proof  of 
the  passage  and  publication  of  ordinances  in  the 
usual  way.  Each  of  the  foregoing  books,  except 
I  he  records  of  the  board  of  trustees  and 
the  board  of  equalization,  shall  have  a  gen- 
eral index,  sufliciently  comprehensive  to  en- 
able a  person   readily  to  ascertain   matters  con- 


Municipal  Corporations.  865 

rained  therein.  The  city  clerk  shall  also  keep 
a  book,  marked  "Demands  and  Warrants."  in 
which  he  shall  note  every  demand  against  the 
city,  and  file  the  same.  He  shall  state  therein, 
under  the  note  of  the  demands,  the  final  disposi- 
tion made  of  the  same;  and  if  the  same  is  allowed 
and  a  warrant  is  drawn,  he  shall  also  state  the 
number  of  the  warrant,  with  sufficient  dates.  This 
book  shall  contain  an  index,  in  which  reference 
shall  be  made  to  each  demand.  Upon  the  comple- 
tion of  the  assessment  roll  for  any  of  the  taxes 
of  the  city,  and  levying  of  the  tax  thereon,  the  city 
clerk  shall  apportion  the  taxes  upon  such  assess- 
ment roll,  and  shall  deliver  it  to  the  officer  charged 
with  the  duty  of  collecting  taxes.  It  shall  not  be 
necessary  to  make  a  duplicate  assessment  roll.  He 
may  appoint  a  deputy,  for  whose  acts  he  and  his 
bondsmen  shall  be  responsible;  and  he  and  his 
deputy  shall  have  power  to  administer  oaths  and 
affirmations,  to  take  affidavits  and  depositions  to 
be  used  in  any  court  or  proceeding  in  the  state, 
and  to  certify  the  same.  He  and  his  deputy  shall 
take  all  necessary  affidavits  to  demands  against 
the  city,  and  certify  the  same  without  charge.  Fie 
shall  be  the  custodian  of  the  seal  of  such  city.  He 
shall  make  a  quarterly  statement,  in  writing, 
showing  the  receipts  and  expenditures  of  the  city 
for  the  preceding  quarter,  and  the  amount  remain- 
ing in  the  treasury.  He  shall,  at  the  end  of  every 
fiscal  year,  make  a  full  and  detailed  statement  of 
the  receipts  and  expenditures  of  the  preceding 
year,  and  a  full  statement  of  the  financial  condi- 
tion of  the  affairs  of  the  city,  which  shall  be  pub- 
lished. He  shall  perform  such  other  services  as 
this  act  and  the  ordinances  of  the  board  of  trus- 
tees shall  require.  [Amendment  approved  March 
19,  1889;  Stats.  1889,  p.  389.  In  effect  immedi- 
ately.] 
City  attorney. 

Sec.  789.  It  shall  be  the  duty  of  the  city  attor- 
ney to  advise  the  city  authorities  and  officers  in 
all  legal  matters  pertaining  to  the  business  of  said 
city,  and  to  render  such  other  services  in  the  line 
of  his  profession  as  may  be  required  of  him  by 
the  board  of  trustees.  [Amendment  approved 
Gen.  Laws — 73. 


866  Municipal  Corporationfe. 

March  19,  1889;  Stats.  1889,  p.  389.    In  effect  im- 
mediately.] 

Police  department  under  control  of  city  marshal. 
Sec.  790.  The  department  of  police  of  said  city 
shall  be  under  the  direction  and  control  of  the  city 
marshal,  and  for  the  suppression  of  any  riot,  pub- 
lic tumult,  disturbance  of  the  peace,  or  resistance 
against  the  laws  or  public  authorities  in  the  law- 
ful exercise  of  their  functions,  he  shall  have  the 
powers  that  are  noAv  or  may  hereafter  be  conferred 
upon  sheriffs  by  the  laws  of  the  state,  and  shall, 
in  all  respects,  be  entitled  to  the  same  protection; 
and  his  lawful  orders  shall  be  promptly  executed 
by  deputies,  police-officers,  and  watchmen  in  said 
city,  and  every  citizen  shall  also  lend  him  aid, 
when  required,  for  the  arrest  of  offenders  and 
maintenance  of  public  order.  He  shall  and  is 
hereby  authorized  to  execute  and  return  all  process 
issued  and  directed  to  him  by  any  legal  authority. 
It  shall  be  his  duty  to  prosecute  before  the  re- 
corder all  breaches  or  violations  of  or  noncompli- 
ance with  any  city  ordinance  which  shall  come  to 
his  knowledge.  He  shall  collect  all  taxes  levied  by 
the  board  of  trustees,  except  as  is  herein  provided. 
He  shall,  at  the  expiration  of  any  month,  pay  to 
the  city  treasurer  all  taxes  and  other  funds  of  said 
city  collected  by  him  during  said  month.  He 
shall,  upon  payment  of  the  money,  file  with  the 
treasurer  an  affidavit,  stating  that  the  money  so 
paid  is  all  the  taxes  or  funds  that  he  has  collect 
ed  or  received  during  the  preceding  month.  He 
shall,  upon  the  receipt  of  any  tax  list,  give  his  re- 
ceipt for  the  same  to  the  city  clerk,  and  shall, 
upon  depositing  with  the  city  clerk  the  delinquent 
lax  list,  take  his  receipt  therefor.  He  shall  receive 
from  the  clerk  all  city  licenses  and  collect  the 
same.  He  shall  have  charge  of  the  city  prison  and 
prisoners,  and  of  any  chain-gang  that  may  be  es- 
tablished by  the  board  of  trustees.  He  shall,  for 
service  of  any  process,  receive  the  same  fees  as 
constables.  He  may  appoint,  subject  to  the  ap- 
proval of  the  board  of  trustees,  one  or  more  depu- 
ties, for  whose  acts  he  and  his  bondsmen  shall 
be  responsible,  whose  only  compensation  shall  be 


Municipal  Corporations.  867 

fees  for  tlie  service  of  process  which  shall  be  the 
same  as  those  allowed  to  the  city  marshal.  He 
may  also,  with  the  concurrence  of  the  president 
of  the  board  of  trustees,  when  the  same  may  be 
by  them  deemed  necessary  for  the  preservation  of 
public  order,  appoint  additional  policemen,  who 
shall  discharge  the  duties  assigned  them  for  one 
day  only.  He  shall  perform  such  other  services 
as  this  act  and  the  ordinances  of  the  board  of 
trustees  shall  require,  and  shall  receive  such  com- 
pensation from  the  city  as  shall  be  fixed  by  ordi- 
nance, in  addition  to  such  mileage  and  fees  as  he 
shall  receive  in  the  service  of  process  of  the  courts 
of  the  state,  other  than  the  recorder's  court  of 
such  city,  which  mileage  and  fees  shall  be  the 
same  as  is  allowed  by  law  to  constables  in  the 
county  in  which  such  city  is  situated.  [Amend- 
ment approved  March  23,  1^93;  Stats.  1893,  p.  299.] 
Board  to  fix  compensation. 

Sec.  791.  The  board  of  trustees  shall,  by  ordi- 
nances not  inconsistent  with  the  provisions  of  this 
chapter,  prescribe  the  additional  duties  of  all  of- 
ficers, and  fix  their  compensation. 


Article  V.— School  Department. 

School  district. 

Sec.  795.  From  and  after  the  organization  of 
each  of  such  cities,  the  same  shall  constitute  a  sep- 
arate school  district,  w^hich  shall  be  governed  by 
the  board  of  education  of  such  city;  provided  the 
board  of  supervisoi'S  may  include  more  territory 
in  such  school  district  than  that  included  in  such 
city,  and  in  that  case  such  outside  territory  shall 
be  deemed  a  part  of  such  city  for  the  pui-pose  of 
holding  the  general  municipal  election  and  shall 
be  an  election  precinct  by  itself  and  its  qualified 
electors  shall  vote  only  for  the  board  of  education, 
and  said  outside  territory  shall  be  deemed  to  be 
a  part  of  said  city  for  all  matters  connected  with 
the  school  department,  and  the  annual  levying  and 
collecting  of  the  property  tax  for  the  school  fund. 


868  Municipal  Corporations. 

[Amendment  approved  March  10,  1891;  Stats.  1891, 

p.  28.] 

Vacancy  in  board. 

Sec.  TOO.  In  case  a  vacancy  shall  occur  in  the 
office  of  school  director,  the  board  of  education 
shall  choose  a  person  to  fill  such  vacancy,  who 
shall  serve  until  the  next  election,  vrhen,*  if  the 
term  does  not  then  expire,  a  person  shall  be  elect- 
ed to  serve  for  the  remainder  of  such  unexpired 
term. 
Meetings. 

Sec.  797.  The  board  of  education  shall  meet  on 
the  second  Tuesday  after  such  general  municipal 
election,  and  choose  one  of  its  members  as  presi- 
dent, and  shall  appoint  a  secretary,  who  shall  hold 
at  the  pleasure  of  said  board.  The  regular  meet- 
ings of  said  board  shall  thereafter  be  held  as  often 
as  once  in  each  month,  in  the  place  provided  for 
the  board  of  trustees,  and  the  time  for  holding 
such  meetings  shall  be  fixed  by  the  board  of  edu- 
cation. Special  meetings  of  said  board  may  be 
held  when  called  by  written  notice,  signed  by  its 
presidenft,  or  three  of  its  members,  and  delivered 
personally  to  each  of  its  members  who  shall  not 
have  signed  the  same.  Three  members  shall  con- 
stitute a  quorum,  and  no  business  shall  be  trans- 
acted by  said  board  of  education  without  the  con- 
currence of  three  of  its  members;  but  a  majority 
of  the  members  present  at  any  meeting  may  ad- 
journ from  time  to  time.  All  meetings  of  said 
board  of  education  shall  be  public,  and  full  rec- 
ords of  its  proceedings  shall  be  kept  by  the  secre- 
tary of  said  board  of  education.  The  members  of 
the  board  of  education  shall  receive  no  compen- 
sation for  their  services  as  school  directors. 
[Amendment  approved  March  7,  1891;  Stats.  1891, 
p.  114.] 

Powers  of  board. 

Sec.  798.  The  board  of  education  shall  have 
power: 

1.  To  establish  and  maintain  public,  primary, 
kindergarten,  grammar,  and  evening  schools,  and 
to  subdivide  Ihe  school  districts,  and  to  fix  and 
alter  the  boundaries  of  such  subdivisions. 


Municipal  Coriiorations.  869 

2.  To  employ  and  dismiss  a  superintendent  of 
schools,  teachers,  janitors,  truant  officers,  and 
school-census  marshals,  and  to  fix,  alter,  allow, 
and  order  paid  their  salaries  or  compensations,  and 
to  employ  and  pay  such  mechanics  and  laborers  as 
may  be  necessary  to  carry  into  effect  the  powers 
hereby  conferred. 

3.  To  make,  establish,  and  enforce  all  necessary 
or  proper  rules  and  regulations,  not  in  conflict  with 
the  laws  of  this  state,  for  the  government  and 
management  of  public  schools  within  such  city, 
the  teachers  thereof,  and  the  pupils  therein,  and 
for  carrying  into  effect  the  laws  relating  to  educa- 
tion. 

4.  To  provide  for  the  school  department  of  such 
city,  fuel  and  lights,  water,  printing,  and  station- 
ery, and  to  incur  such  other  incidental  expenses  as 
may  be  deemed  necessary  by  said  board. 

5.  To  build,  alter,  repair,  rent,  and  provide 
school-houses,  and  to  furnish  the  same  with  prop- 
er school  furniture,  apparatus,  and  appliances,  and 
to  insure  any  and  all  school  property. 

6.  To  purchase,  receive,  lease,  and  hold  in  fee, 
in  trust  for  such  city,  any  and  all  real  estate  and 
personal  property  that  may  have  been  acquired, 
or  may  hereafter  be  acquired,  for  the  use  and  ben- 
efit of  the  schools  of  such  city;  provided,  that  no 
real  estate  shall  be  bought,  sold,  or  exchanged,  nor 
any  expenditure  incurred  for  the  construction  of 
new  school-houses,  without  the  approval  of  the 
board  of  trustees;  and  provided  further,  that  the 
proceeds  of  any  such  sale  or  exchange  of  real  es- 
tate shall  be  exclusively  applied  to  the  purchase 
of  other  lots  tor  the  erection  of  school-houses. 

7.  To  grade,  fence,  and  improve  all  school  lots. 

8.  To  determine  annually  the  amount  of  money 
required  for  the  support  of  the  public  schools,  and 
for  carrying  into  etrect  all  the  provisions  of  law  in 
reference  thereto;  and  in  pursuance  of  this  provi- 
sion, the  board  of  education  shall,  at  least  ten 
days  before  the  meeting  of  the  board  of  trustees 
at  which  the  annual  city  taxes  are  levied,  submit 
in  writing  to  the  board  of  trustees  a  careful  esti- 


870  Municipal  Corporations, 

mate  of  tlie  whole  amount  of  money  to  he  received 
from  the  state  and  county,  and  of  the  amount  to 
be  required  from  such  city  for  the  above-men- 
tioned purposes:  and  tlie  amount  so  found  to  be 
required  from  the  city  shall,  by  the  board  of  trus- 
tees, be  added  to  the  above  amounts  to  be  assessed 
and  collected  for  city  purposes,  and  when  collect- 
ed, the  proceeds  thereof  shall  be  immediately  paid 
into  the  school  fund  of  such  city,  to  be  drawn  out 
only  upon  the  order  of  the  board  of  education;  pro- 
vided, that  such  annual  tax  shall  not  exceed  twen- 
ty-five cents  on  each  one  hundred  dollars  of  the 
assessed  valuation  of  tlie  real  and  personal  prop- 
erty within  such  city. 

9.  To  establish  regulations  for  the  just  and 
equal  disbursement  of  all  moneys  belonging  to  the 
school  fund. 

10.  To  discharge  all  legal  incumbrances  exist- 
ing at  the  time  of  the  incorporation  of  such  city, 
or  thereafter,  on  any  school  property  within  such 
city. 

11.  To  admit  non-resident  children,  and  per- 
sons over  twenty-one  years  of  age,  to  any  of  the 
departments  of  the  schools  of  such  city,  upon  the 
payment  monthly,  in  advance,  of  such  tuition  fee 
as  said  board  may  establish. 

12.  To  prohibit  any  children  under  six  years  of 
age  from  attending  the  public  schools, 

13.  To  establish  and  regulate  the  grades  of 
schools  in  such  city,  and  the  course  of  study,  and 
the  mode  of  instruction  to  be  pursued  therein,  and 
determine  what  text-books  shall  be  used. 

14.  To  do  and  perform,  in  addition  to  the  fore- 
going powers,  such  other  acts  as  may  be  neces- 
sary or  proper  to  carry  into  effect  the  powers  here- 
by conferred.  [Amendment  adopted  March  14, 
1899,  stats.  1S99,  ch.  83.] 

Sec.  799.  The  board  of  education  may  sue  and 
be  sued  by  tlieir  name  of  office.  In  any  action  or 
judicial  proceeding  against  said  board,  service  of 
process  upon  the  president,  or  upon  a  majority  of 
the  memi3ers  of  the  board  shall  be  sufficient  to 


Municipal  Corporations.  871 

give  the  court  jurisdiction  to  liear  and  determine 

the  same. 

Treasurer  custodian  of  moneys. 

Sec.  800.  All  moneys  received  by  the  treasurer 
of  the  county  wherein  such  city  may  be  situated, 
on  account  of  the  school  fund  of  such  city,  or  the 
school  district  consisting:  of  the  same,  and  all  sums 
received  into  the  county  treasury,  which  may  be 
apportioned  to  said  city  or  district,  shall  be  paid 
to  the  treasurer  of  such  city,  by  the  treasurer  of 
such  county,  as  soon  as  received,  or  as  soon  as  the 
apportionment  shall  be  made,  when  apportionment 
is  necessary,  upon  the  order  of  the  board  of  edu- 
cation. 
Demands. 

Sec.  801.  The  president  of  the  board  of  educa- 
tion shall  liave  power  to  administer  oaths  and 
affirmations  concerning  any  demand  upon  the 
treasury,  payable  out  of  the  school  fund,  and  in 
all  other  matters  relating  to  the  duties  of  the 
board  of  education,  and  to  witnesses  examined 
in  any  investigation  had  by  such  board  of  educa- 
tion, or  by  a  committee  thereof,  duly  appointed 
by  it  for  that  purpose. 
President  may  compel  witnesses. 

Sec.  802.  Said  president  may  issue  subpoenas 
under  his  hand  and  the  seal  of  such  city,  attested 
by  the  city  clerk,  to  compel  the  attendance  of  wit- 
nesses before  such  board  of  education,  or  commit- 
tee thereof,  who  shall  be  entitled  to  the  same  fees 
as  witnesses  in  civil  cases,  and  who  may  be  pun- 
ished for  contempt  for  non-attendance,  or  refusal 
to  be  sworn,  or  to  answer,  by  the  superior  court 
of  the  county  in  which  such  city  may  be  situated. 
Warrants. 

Sec.  803.  Every  claim  payable  out  of  the  school 
fund  shall  be  filed  with  the  secretary  of  the  board 
of  education,  and  after  it  shall  have  been  approved 
by  the  board  a  certificate  of  such  approval  shall  be 
indorsed  thereon,  signed  by  the  president  and  sec- 
retary, and  a  warrant  upon  the  school  fund  shall 
be  issued  thereon  for  the  payment  of  such  claim; 
which  warrant  shall  be  signed  by  the  president 


872  Mnuieipal  Corporations. 

of  such  board,  and  countersigned  by  the  secretary 

and  shall  specify  for  what  purpose  the  same  is 

drawn. 

Duties  of  secretary. 

Sec.  804.  The  secretary  shall  report  to  the  board 
annually,  and  at  such  other  times  as  they  may  re- 
quire, all  matters  pertaining  to  the  expense,  in- 
come, condition,  and  progress  of  the  public  schools 
of  said  city  during  the  preceding  year,  with  such 
recommendations  as  he  may  deem  proper.  lie 
shall  observe,  and  cause  to  be  observed,  such 
general  rules  and  regulations  for  the  government 
of  and  instruction  in  the  schools,  not  inconsistent 
with  the  laws  of  the  state,  as  may  be  established 
by  the  board  of  education.  He  shall  attend  the 
sessions  of  the  board,  and  inform  them  at  each 
session  of  the  condition  of  the  public  schools, 
school-houses,  school  funds,  and  other  matters  con- 
nected therewith,  and  recommend  such  measures 
as  he  may  deem  necessary  for  the  advancement 
of  education  in  the  city,  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  the 
board.  He  shall  receive  as  compensation  for  his 
services,  payable  out  of  the  school  fund,  such  sum 
as  the  board  of  education  from  time  to  time  may 
allow. 
Fund  shall  not  be  diverted. 

Sec.  805.  The  entire  revenue  derived  by  such 
city  from  the  state  school  fund  and  the  state 
school  tax  shall  be  applied  by  said  board  of  edu- 
cation exclusively  to  the  support  of  primary  and 
grammar  schools. 


Municipal  Corporations.  873 


Article  VI.— Judicial  Department. 

Recorder's  court. 

Sec.  806.  A  recorder's  court  is  hereby  establish- 
ed in  such  city,  to  be  held  by  the  recorder  of  such 
city.  Said  recorder's  court  shall  have  jurisdiction, 
concurrently  with  the  justice's  courts,  of  all  ac- 
tions and  proceedings,  civil  and  criminal,  arising 
within  the  corporate  limits  of  such  city,  and  which 
might  be  tried  in  such  justice's  court;  and  shall 
have  exclusive  jurisdiction  of  all  actions  for  the 
recovery  of  any  fine,  penalty,  or  forfeiture  pre- 
scribed for  the  breach  of  any  ordinance  of  such 
city,  of  all  actions  founded  upon  any  obligations 
or  liability  created  by  any  ordinance,  and  of  all 
prosecutions  for  any  violation  of  any  ordinance. 
The  rules  of  practice  and  mode  of  proceeding  in 
said  recorder's  court  shall  be  the  same  as  are  or 
may  be  prescribed  by  law  for  justices'  courts  in 
lilie  cases:  and  appeals  may  be  taken  to  the  supe- 
rior court  of  the  county  in  which  such  city  may 
be  situated,  from  all  judgments  of  said  recorder's 
court,  in  like  manner  and  with  like  effect  as  in 
cases  of  appeals  from  justices'  courts. 
Powers  of  recorder  as  judge. 

Sec.  807.  The  recorder  shall  be  judge  of  the  re- 
corder's court,  and  shall  have  the  powers  and  per- 
form the  duties  of  a  magistrate.  He  may  adminis- 
ter and  certify  oaths  and  aflBrmations,  and  take 
and  certify  acknowledgments.  He  shall  be  en- 
titled to  charge  and  receive  for  his  services  such 
fees  as  are  or  may  be  allowed  by  law  to  justices 
of  the  peace  for  like  services,  except  that  for  his 
services  in  criminal  prosecution  for  violation  of 
ordinances  he  shall  be  entitled  to  receive  only 
such  monthly  salary  as  the  board  of  trustees  shall 
by  ordinance  prescribe;  which  compensation, 
when  once  fixed,  shall  not  be  altered  within  two 
years. 
Recorder,  when  disqualified  as  judge. 

Sec.  808.  In  all  cases  in  which  the  recorder  is 
a  party,  or  in  which  he  is  interested,  or  when  he 
is  related  to  either  party  by    consanguinity     or 


874  Municipal  Corporations. 

affinity  within  the  third  degree,  or  is  otherwise 
disqualified,  or  in  case  of  sickness  or  inability 
to  act,  the  recorder  may  call  in  a  justice  of  the 
peace  residing  in  the  city,  to  act  in  his  place  and 
stead;  or  if  there  be  no  justice  of  the  peace  re- 
siding in  the  city,  or  if  all  those  so  residing  are 
likewise  disqualified,  then  he  may  call  in  any 
justice  of  the  peace  residing  in  the  county  in 
which  such  city  is  situated. 


Article  YIl.— Miscellaneous  ProYisioais. 

Collection  of  moneys. 

Sec.  810.  Every  officer  collecting  or  receiving 
any  moneys  belonging  to  or  for  the  use  of  such 
city  shall  settle  for  the  same  with  the  clerk  on  the 
first  Monday  in  each  month,  and  immediately  pay 
the  same  into  the  treasury,  on  the  order  of  the 
clerk,  for  the  benefit  of  the  funds  to  which  such 
moneys  respectively  belong. 
No  officer  to  be  interested  in  contract. 

Sec.  811.  No  officer  of  such  city  shall  be  inter- 
ested, directly  or  indirectly,  in  any  contract  with 
such  city,  or  with  any  of  the  officers  thereof,  in 
their  official  capacity,  or  in  doing  any  work  or  fur- 
nishing any  supplies  for  the  use  of  such  city  or  its 
officers  in  their  official  capacity;  and  any  claim 
for  compensation  for  work  done,  or  supplies  or 
materials  furnished,  in  which  any  such  officer  is 
interested,  shall  be  void,  and  if  audited  and  al- 
lowed shall  not  be  paid  by  the  treasurer.  Any 
willful  violation  of  the  provisions  of  this  section 
shall  be  a  ground  for  removal  from  office,  and 
shall  be  deemed  a  misdemeanor,  and  punished  as 
such. 
Nuisances. 

Sec.  812.  Every  act  or  thing  done  or  being 
within  the  limits  of  such  city,  which  is  or  may  be 
declared  by  law  or  by  any  ordinance  of  such  city 
to  be  a  nuisance,  shall  be  and  is  hereby  declared 
to  be  a  nuisance,  and  shall  be  considered  and 
treated  as  such  in  all  actions  and  proceedings 
whatever;  and  all  remedies  which  are  or  may  be 


Municipal  Corporations.  875 

given  by  law  for  the  prevention  and  abatement  of 
nuisances  shall  apply  thereto. 
Fire  departments. 

Sec.  813.  Fire  departments  in  cities  of  the  fifth 
class  shall  consist  of  volunteer  companies  of  fire- 
men, organized  into  engine,  hose,  or  hooli  and  lad- 
der companies.  Such  fire  department,  and  such 
tire  companies  shall  elect  their  own  officers;  pro- 
vided, that  in  the  election  of  any  person  as  chief 
of  any  such  fire  department,  his  election  shall  be 
forthwith  certified  by  the  secretary  of  said  depart- 
ment to  the  board  of  trustees  of  such  city,  and  by 
them,  at  their  next  regular  meeting,  confirmed, 
and  such  chief  shall  give  a  bond  to  the  chairman 
of  the  board  of  trustees  of  such  city,  in  the  sum  of 
one  thousand  dollars;  and  the  chief  of  every  fire 
department  must  inquire  into  the  cause  of  every 
fire  occurring  in  the  city,  and  l^eep  a  record  there- 
of. He  shall  have  exclusive  control  of  the  work- 
ing of  the  fire  department  in  time  of  conflagra- 
tion or  fire.  He  must  aid  in  the  enforcement  of 
all  fire  ordinances  duly  enacted,  examine  build- 
ings in  process  of  erection,  report  violation  of  or- 
dinances relating  to  the  prevention  and  extin- 
guishment of  fires  when  directed  by  the  proper 
authorities,  and  institute  proceedings  therefor, 
and  shall  have  general  control,  management,  and 
direction  of  the  fire  companies,  hose,  hook  and 
ladder  companies,  and  engine,  and  fire  depart- 
ments of  such  city,  and  shall  perform  such  other 
duties  as  may  be  by  the  ordinances  of  said  city, 
or  by  law,  imposed  upon  him.  His  compensation, 
which  shall  not  be  less  than  ten  dollars  per  moath, 
must  be  fixed  and  paid  by  the  board  of  city 
trustees.  [New  section  approved  March  27.  1897; 
Stats.  1897,  chap,  cxxii.] 


Municipal  Corporations. 


CHAPTER    VII. 

MUNICIPAL  CORPORATIONS  OF  THE  SIXTH 
CLASS. 

(A  charter  for  cities  and  towns  having  a  popula- 
tion of  not  exceeding  3,000.) 

For  an  act  to  enable  municipal  corporations  of 
the  sixth  class  to  elect  officers,  see  statute  follow- 
ing this. 


Article  I.— General  Powers. 

Sixth  class. 

Sec.  850.    Every   municipal   corporation   of    the 
sixth  class  shall  be  entitled  the  city  (or  town)  of 

(naming  it),  and  by  such  name  shall  have 

perpetual  succession,  may  sue  and  be  sued  in  all 
courts  and  places,  and  in  all  proceedings  what- 
ever; shall  have  and  use  a  common  seal,  alterable 
at  the  pleasure  of  the  city  or  town  authorities, 
and  may  purchase,  lease,  receive,  hold,  and  enjoy 
real  and  personal  property,  and  control  and  dis- 
pose of  the  same  for  the  common  benefit. 


Article  II.— General  Provisions  Relating  to  Officers. 

Officers. 

Sec.  851.  The  government  of  such  city  or  town 
shall  be  vested  in  a  board  of  trustees,  to  consist 
of  five  members;  a  clerk,  who  shall  be  ex-officio 
assessor;  a  treasurer;  a  marshal,  who  shall  be  ex- 
officio  tax  and  license  collector;  a  recorder,  to  be 
appointed  by  the  board  of  trustees,  and  such  sub- 
ordinate officers  as  are  hereinafter  provided  for. 
[Amendment  approved  March  27,  1805;  Stats.  1895, 
p.  260.] 
Election  and  tenure  of  office. 

Sec.  852.    The  members  of  the  board  of  trustees 
and  the  clerk,   treasurer,   and   marshal   shall    be 


Municipal  Corporations.  877 

elected  by  the  qualified  electors  of  said  city  or 
town  at  a  general  municipal  election  to  be  held 
therein  on  the  second  Monday  in  April  in  each 
even-numbered  year.  The  clerk,  treasurer,  and 
marshal  shall  hold  office  for  the  period  of  two 
years  from  and  after  the  Monday  next  succeeding 
tlie  day  of  such  election,  and  until  their  succes- 
sors are  elected  and  qualified.  Members  of  the 
board  of  trustees  shall  hold  office  for  the  period 
of  four  years  from  and  after  the  Monday  next 
succeeding  the  day  of  such  election,  and  until 
their  successors  are  elected  and  qualified;  provi- 
ded, that  the  first  board  of  trustees  elected  under 
the  provisions  of  tliis  act  shall,  at  their  first  meet- 
ing, so  classify  themselves  by  lot  as  that  three 
of  their  number  shall  go  out  of  office  at  the 
expiration  of  two  years  and  two  at  the  expira- 
tion of  four  years.  The  board  of  trustees  may,  in 
their  discretion,  appoint  an  attorney,  a  pound- 
master,  a  superintendent  of  streets,  a  civil  engi- 
neer, and  such  police  and  other  subordinate  offi- 
cers as  in  their  judgment  may  be  deemed  neces- 
sary, and  fix  their  compensation,  which  said 
officers  shall  hold  office  during  the  pleasure  of  said 
board. 
Official  bonds. 

Sec.  853.  The  clerk,  treasurer,  and  marshal 
shall,  respectively,  before  entering  upon  the  duties 
of  their  respective  offices,  each  execute  a  bond 
to  such  city  or  town  in  such  penal  sum  as  the 
board  of  trustees  by  ordinance  may  determine, 
conditioned  for  the  faithful  performance  of  his 
duties,  including  in  the  same  bond  the  duties  of 
all  offices  of  which  he  is  made  by  this  chapter 
ex-officio  incumbent;  such  bonds  shall  be  ap- 
proved by  the  board  of  trustees.  All  bonds,  when 
approved,  shall  be  filed  with  the  clerk,  except 
the  bond  of  the  clerk,  which  shall  be  filed  with 
the  president  of  the  board  of  trustees.  All  the 
provisions  of  any  law  of  this  state  relating  to  the 
official  bonds  of  officers  shall  apply  to  such  bonds, 
except  as  herein  otherwise  provided.  Every  officer 
of  such  city,  before  entering  upon  the  duties  of 
his  office,  shall  take  and  file  with  the  clerk  the 
constitutional  oath  of  office. 
Gen.  Laws — 74 


878  Municipal  Corporations. 

Vacancies,  how  filled. 

See.  8.54.  Any  vacancy  occurring  in  any  of  the 
offices  provided  for  in  this  act  shall  be  filled  by 
appointment  by  the  board  of  trustees;  but  if  such 
office  be  elective,  such  appointee  shall  hold  office 
only  until  the  next  regular  election,  at  which 
time  a  person  shall  be  elected  to  serve  for  the  re- 
mainder of  such  unexpired  term.  In  case  a  mem- 
ber of  the  board  of  trustees  is  absent  from  the 
city  for  the  period  of  ninety  days,  unless  by  per- 
mission of  the  board  of  trustees,  his  office  shall  by 
the  board  be  declared  vacant,  and  the  same  filled 
as  in  case  of  other  vacancies. 
Compensation. 

Sec.  855.  The  members  of  the  board  of  trustees 
shall  receive  no  compensation  whatever.  The 
clerk,  treasurer,  marshal,  and  recorder  shall  sev- 
erally receive,  at  stated  times,  a  compensation, 
to  be  fixed  by  ordinance  by  the  board  of  trustees, 
which  compensation  shall  not  be  increased  or  di- 
minished after  their  election,  or  during  their  sev- 
eral terms  of  office.  Nothing  herein  contained 
shall  be  construed  to  prevent  the  board  of  trustees 
from  fixing  such  several  amounts  of  compensation 
in  the  first  instance,  during  the  term  of  office  of 
any  such  officer,  or  after  his  election.  The  com- 
pensation of  all  other  officers  shall  be  fixed  from 
time  to  time  by  the  boards  of  trustees. 
Election  provisions. 

Sec.  856.  All  elections  in  such  city  or  town  shall 
be  held  in  accordance  with  the  general  election 
laws  of  the  state,  so  far  as  the  same  may  be  mado 
applicable:  and  no  person  shall  be  entitled  to  vote 
at  such  election  unless  he  shall  be  a  qualified 
elector  of  the  county,  enrolled  upon  the  great  reg- 
ister thereof,  and  shall  have  resided  in  such  city 
for  at  least  thirty  days  next  preceding  such  elec- 
tion. The  board  of  trustees  shall  give  such  notice 
of  each  election  as  may  be  prescribed  by  ordi- 
nance, shall  appoint  boards  of  election,  and  fix 
their  compensation,  and  establish  election  pre- 
cincts and  polling-places,  and  may  change  the 
same.  At  any  municipal  election  the  last  printed 
great  register  of  the  county  shall  be  used,  and 
any  elector  whose  name  is  not  upon  such  printed 
register  shall  be  entitled  to  vote  upon  producing 


Municipal  Corporations.  879 

and  filing  with  the  board  of  election  a  certificate, 
under  the  hand  and  ofllcial  seal  of  the  county 
clerk,  showing  that  his  name  is  registered  and  un- 
canceled upon  the  great  register  of  such  county; 
provided,  that  he  is  otherwise  entitled  to  vote. 
Eligibility  to  ofiice. 

Sec.  857.  No  person  shall  be  eligible  to  or  hold 
any  oflice  in  said  city,  whether  filled  by  election 
or  appointment,  unless  he  be  a  resident  and 
elector  therein,  and  shall  have  resided  in  such 
city  for  one  year  next  preceding  the  date  of  such 
election  or  appointment. 


Article  III.— Legislative  Department. 

Board  of  trustees. 

Sec.  8-58.  The  board  of  trustees  shall  meet  on 
the  Monday  next  succeeding  the  date  of  said  gen- 
eral municipal  election,  shall  take  the  oath  of 
office,  shall  choose  one  of  their  number  president, 
and  shall  hold  regular  meetings  at  least  once  in 
each  month,  at  such  times  as  they  shall  fix  by 
ordinance.  Special  meetings  may  be  called  at  any 
time  by  the  president  of  the  board,  or  by  three 
trustees,  by  written  notice  delivered  to  each  mem- 
ber,  at  least  three  hours  before  the  time  specified 
for  the  proposed  meeting.  All  meetings  of  the 
board  of  trustees  shall  be  held  within  the  corpora 
ate  limits  of  the  city,  at  such  place  as  may  be 
designated  by  ordinance,  and  shall  be  public. 
Meetings. 

Sec.  859.  At  any  meeting  of  the  board  of  trust- 
ees a  majority  of  the  trustees  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn  from  time  to  time,  and 
may  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  may  be 
prescribed  by  ordinance.  The  president  of  the  board 
shall  preside  at  all  meetings  of  the  board,  and  in 
case  of  his  absence  the  board  may  appoint  a  presi- 
dent pro  tem.;  and  in  case  of  the  absence  of  the 
clerk,  the  president  or  president  pro  tem.  shall 
appoint  one  of  the  members  of  the  board  clerk  pro 
tem. 


880  Municipal  Corporations. 

Rules. 

Sec.  860.  The  board  of  trustees  stiall  judge  of 
the  qualifications  of  its  members  and  of  all  elec- 
tion returns,  and  determine  contested  elections  of 
all  city  officers.  They  may  establish  rules  for  the 
conduct  of  their  proceedings,  and  punish  any 
member  or  other  person  for  disorderly  behavior 
at  any  meeting.  They  shall  cause  the  clerk  to 
keep  a  correct  journal  of  all  their  proceedings, 
and  at  the  desire  of  any  member  shall  cause  the 
ayes  and  noes  to  be  taken  on  any  question,  and 
entered  on  the  journal. 
Franchises  and  resolutions  to  pay  money. 

Sec.  861.  No  ordinance,  and  no  resolution 
granting  any  franchise  for  any  purpose,  shall  be 
passed  by  the  board  of  trustees  on  the  day  of  its 
introduction,  nor  within  five  days  thereafter  nor 
at  any  other  than  a  regular  meeting.  No 
resolution  or  order  for  the  payment  of  money 
Bhall  be  passed  at  any  other  time  than  at  a  regu- 
lar meeting.  And  no  such  ordinance,  resolution, 
or  order  shall  have  any  validity  or  effect  unless 
passed  by  the  votes  of  at  least  three  trustees. 
Powers. 

Sec.  862.    The  board  of  trustees    of    said    city 
shall  have  power: 
Ordinances. 

1.  To  pass  ordinances  not  in  conflict  with  thw 
constitution  and  laws  of  this  state  or  of  the  United 
States. 

Real  estate. 

2.  To  purchase,  lease,  or  receive  such  real  estate 
and  personal  property  as  may  be  necessary  or 
proper  for  municipal  purposes,  and  to  control,  dis- 
pose of,  and  convey  the  same  for  the  benefit  of  the 
city  or  town;  provided,  they  shall  not  have  power 
to  sell  or  convey  any  portion  of  any  waterfront. 
Water. 

3.  To  contract  for  supplying  the  city  or  town 
with  water  for  municipal  pui-poses,  or  to  acquire, 
construct,  repair,  and  manage  pumps,  aqueducts, 
reservoirs,  or  other  works  necessary  or  proper  for 
supplying  water  for  the  use  of  such  city  or  its  In- 
habitants, or  for  irrigating  purposes  therein. 


Municipal  Corporations.  881 

Highways. 

4.  To  establish,  build,  and  repair  bridges;  to 
establish,  lay  out,  alter,  keep  open,  improve,  and 
repair  streets,  sidewalks,  alleys,  squares,  and 
other  public  highways  and  places  within  the  city 
or  town,  and  to  drain,  sprinkle,  and  light  the 
same;  to  remove  all  obstructions  therefrom;  to 
establish  the  grades  thereof;  to  grade,  pave,  mac- 
adamize, gravel,  and  curb  the  same,  in  whole  or 
in  part,  and  to  construct  gutters,  culverts,  side- 
walks, and  crosswalks  therein,  or  on  any  part 
thereof;  to  cause  to  be  planted,  set  out,  and  culti- 
vated, shade  trees  therein;  and  generally  to  man- 
age and  control  all  such  highways  and  places. 
Sewers. 

5.  To  construct,  establish,  and  maintain  drains 
and  sewers. 

Fire  extinguishment. 

6.  To  provide  fire  engines  and  all  other  neces- 
sary or  proper  apparatus  for  the  prevention  and 
extinguishment  of  fires. 

Poll-tax. 

7.  To  impose  on  and  collect  from  every  male 
inhabitant,  between  the  ages  of  twenty-one  and 
sixty  years,  an  annual  street-poll  tax,  not  exceed- 
ing two  dollars;  and  no  other  road  poll  tax  shall 
be  collected  within  the  limits  of  the  city. 

Dog  tax. 

8.  To  impose  and  collect  an  annual  license  not 
exceeding  two  dollars  on  every  male  dog  and  four 
dollars  on  every  female  dog  owned  or  harbored 
within  the  limits  of  the  city. 

Property  tax. 

9.  To  levy  and  collect  annually  a  property  tax 
which  shall  not  exceed  seventy-five  cents  on  each 
one  hundred  dollars. 

Licenses. 

10.  To  license,  for  the  purpose  of  revenue  and 
regulation,  all  and  every  kind  of  business  author- 
ized by  law  and  transacted  and  carried  on  in  such 
city  or  town,  and  all  shows,  exhibitions,  and  law- 
ful games  carried  on  therein;  to  fix  the  rates  of 
license  tax  upon  the  same,  and  to  provide  for  the 
collection  of  the  same  by  suit  or  otherwise;  pro- 
vided, that  any  license  taxes   collected   under   a 


88.2  Municipal  Corporations. 

city  ordinance  shall  be  collected  by  the  city  or 
town  marshal,   and  paid  into  the  city    or    town 
treasury  for  the  use  of  the  city  or  town  in  which 
it  is  collected. 
Water-front  improvement. 

11.  To  improve  the  rivers  and  streams  flowing 
throue^h  such  city,  or  adjoining  the  same;  to 
widen,  straighten,  and  deepen  the  channels 
thereof,  and  remove  obstructions  therefrom;  to 
improve  the  waterfront  of  the  city;  to  construct 
and  maintain  embankments  and  other  works  to 
protect  such  city  from  overflow,  and  to  acquire, 
own,  construct,  maintain,  and  operate  on  any 
lands  bordering  on  any  navigable  bay,  lake,  inlet, 
river,  creek,  slough,  or  arm  of  the  sea  within  the 
corporate  limits  of  such  city,  or  contiguous  there- 
to, wharves,  chutes,  piers,  breakwaters,  bath- 
houses, and  life-saving  stations. 

Public  buildings. 

12.  To  erect  and  maintain  buildings  for  munici- 
pal purposes. 

Tracks  and  pipes. 

13.  To  acquire,  own,  construct,  maintain,  and 
operate  street  railways,  telephone  and  telegraph 
lines,  gas  and  other  works  for  light  and  heat,  pub- 
lic libraries,  museums,  gymnasiums,  parks,  and 
baths;  and  to  permit,  under  such  restrictions  as 
they  may  deem  proper,  the  laying  of  railroad 
tracks,  and  the  running  of  cars  drawn  by  horses, 
steam,  or  other  power  thereon,  and  the  laying  of 
gas  and  water  pipes  in  the  public  streets,  and  to 
permit  the  construction  and  maintenance  of  tele- 
graph and  telephone  lines  therein. 

Violation  of  ordinances. 

14.  To  impose  fines,  penalties,  and  forfeitures 
for  any  and  all  violations  of  ordinances;  and  for 
any  breach  or  violation  of  any  ordinance,  to  fix 
the  penalty  by  fine  or  imprisonment,  or  both;  but 
no  such  fine  shall,  exceed  three  hundred  dollars, 
nor  the  term  of  imprisonment  exceed  three 
months. 

Prison  labor. 

15.  To  cause  all  persons  imprisoned  for  viola- 
tion of  any  ordinance  to  labor  on  the  streets,  or 
other  public  property  or  works  within  the  city. 


Municipal  Corporations.  883 

Other  acts. 

16.  To  do  and  perform  any  and  all  other  acts 
and  things  necessary  or  proper  to  carry  out  the 
provisions  of  this  chapter.  [Amendment  ap- 
proved ISIarch  18,  1897;  Stats.  1897,  chap.  cxv. 
In  effect  immediately.] 
Enacting  clause. 

Sec.  863.  The  enactin.s:  clause  of  all  ordinances 
shall  be  as  follov^s:    "The  board   of  trustees   of 

the  city  for  town)  of do  ordain  as  follows." 

Every  ordinance  shall  be  signed  by  the  president 
of  the  board  of  trustees,  attested  by  the  cleriv.  and 
published  at  least  once  in  a  newspaper  published 
in  such  city  or  town,  or  printed  and  posted  in  at 
least  three  public  places  therein. 
Demands. 

Sec.  864.  All  demands  against  such  city  or 
town  shall  be  presented  to  and  audited  by  the 
board  of  trustees,  in  accordance  with  such  regu- 
lations as  they  may  by  ordinance  prescribe;  and 
upon  the  allowance  of  any  such  demand,  the  presi- 
dent of  the  board  shall  draw  a  warrant  upon  the 
treasurer  for  the  same,  which  warrant  shall  be 
countersigned  by  the  clerk,  and  shall  specify  for 
what  purpose  the  same  is  drawn,  and  out  of  what 
fund  it  is  to  be  paid. 
Indebtedness  not  to  exceed  available  funds. 

Sec.  865.  The  board  of  trustees  shall  not  create, 
audit,  allow,  or  permit  to  accrue,  any  debt  or  lia- 
bility in  excess  of  the  available  money  in  the 
treasury  that  may  be  legally  apportionetl  and  ap- 
propriated for  such  purposes;  provided,  that  any 
city  or  t(»wn  during  the  first  year  of  its  existence 
under  this  act  may  incur  such  indebtedness  or  lia- 
bility as  may  be  necessary,  not  exceeduig  in  all 
the  income  and  revenue  provided  for  it  in  such 
year;  i»or  shall  any  warrant  be  drawn,  or  evi- 
dence of  hidebtedness  be  issued,  unless  there  be 
at  the  time  sufficient  money  in  the  treasury  legal- 
ly applicable  to  the  payment  of  the  same,  except 
as  I'.ereinafter  provided. 
Incurring  excess  decided  by  vote. 

See.  866.  If  at  any  time  the  board  of  trustees 
shall  deem  it  necessary  to  incur  any  indebtedness 
in  excess  of  the  money  in  the  treasury  applicable 


884  Municipal  Corporations. 

to  the  purpose  for  whicli  such  indebtedness  is  to 
be  incurred,  they  shall  give  notice  of  a  special 
election  by  the  qualified  electors  of  the  city  or 
town,  to  be  held  to  determine  whether  such  in- 
debtedness shall  be  incurred.  Such  notice  shall 
specify  the  amount  of  indebtedness  proposed  to 
be  incurred,  the  purpose  or  purposes  of  the  same, 
and  the  amount  of  money  necessary  to  be  raised 
annually,  by  taxation,  for  an  interest  and  sinl?:ing 
fund,  as  hereinafter  provided.  Such  notice  shall 
be  published  for  at  least  two  weeks  in  some  news- 
paper published  in  such  city  or  town ;  and  no  other 
question  or  matter  shall  be  submitted  to  the  elec- 
tors at  such  election.  If  upon  a  canvass  of  the 
votes  cast  at  such  election  it  appears  that  not  less 
than  two-thirds  of  ail  the  qualified  electors  voting 
at  such  election  shall  have  voted  in  favor  of  in- 
curring such  indebtedness,  it  shall  be  the  duty  of 
the  board  of  trustees  to  pass  an  ordinance  provid- 
ing for  the  mode  of  creating  such  indebtedness, 
and  of  paying  the  same;  and  in  such  ordinance 
pi'ovision  shall  be  made  for  the  levy  and  collection 
of  an  annual  tax  upon  all  the  real  and  personal 
property  subject  to  taxation  within  such  city  or 
town,  sufficient  to  pay  the  interest  on  such  indebt- 
edness as  it  falls  due;  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal 
thereof,  within  a  period  of  not  more  than  twenty 
years  from  the  time  of  contracting  the  same.  It 
shall  be  the  duty  of  the  board  of  trustees,  in  e.ach 
year  thereafter,  at  the  time  at  whicli  other  taxes 
are  levied,  to  levy  a  tax  sufficient  for  such  pur- 
pose, in  addition  to  the  taxes  by  this  cliapter  au- 
thorized to  be  levied.  Such  tax,  when  collected, 
shall  be  kept  in  the  treasury  as  a  separate  fund, 
to  be  inviolably  appropriated  to  the  payment  of 
the  principal  and  interest  of  such  indebtedness. 
Incarceration. 

Sec.  867.  The  violation  of  any  ordinance  of 
such  city  or  town  shall  be  deemed  a  misdemeanor, 
and  may  be  prosecuted  by  the  authorities  of  such 
city  or  town  in  the  name  of  the  people  of  the  state 
of  California,  or  may  be  redressed  by  civil  action, 
at  the  option  of  said  authorities.  Any  person  sen- 
tenced to   imprisonment  for  the  violation   of  an 


Municipal  Corporations.  885 

ordinance  may  be  imprisoned  in  the  jail  for  such 
city  or  town;  or  if  the  board  of  trustees  by  ordi- 
nance shall  so  prescribe,  in  the  county  jail  of  the 
county  in  which  such  city  or  town  may  be  situ- 
ated, in  which  case  the  expense  of  such  imprison- 
ment shall  be  a  charge  in  favor  of  such  county 
and  against  such  city  or  town. 
Nuisances. 

Sec.  868.  Every  act  or  thing  done  or  being 
within  the  limits  of  such  city  or  town,  which  is 
or  may  be  declared  by  law  or  by  any  ordinance 
of  such  city  or  town  to  be  a  nuisance,  shall  be  and 
is  hereby  declared  to  be  a  nuisance,  and  shall  be 
considered  and  treated  as  such  in  all  actions  and 
proceedings  whatever;  and  all  remedies  which  are 
or  may  be  given  by  law  for  the  prevention  and 
abatement  of  nuisances  shall  apply  thereto. 
Cost  of  street-work  assessed  on  fronting  property. 

Sec.  860.  The  board  of  trustees  are  hereby  au- 
thorized and  empowered  to  order  any  work 
authorized  by  this  chapter  to  be  done  upon  the 
streets,  avenues,  highways,  and  public  places  of 
such  city  or  town.  The  cost  and  expense  incurred 
therefor  shall  be  paid  as  follows,  to  wit:  The  ex- 
pense or  cost  of  improving  and  repairing  streets, 
sidewalks,  alleys,  squares,  and  other  public  high- 
ways and  places  within  the  city  or  town,  remov- 
ing obstructions  therefrom,  grading,  paving,  mac- 
adfimizing,  graveling,  and  curbing  the  same,  and 
constructing  gutters,  culverts,  and  sidewalks 
therein,  shall  be  assessed  upon  the  lots  and  lands 
fronting  thereon,  each  lot  or  portion  of  a  lot  being 
separately  assessed  for  the  full  depth  thereof  in 
proportion  to  the  benefits  upon  the  property  to  be 
benefited,  sufficient  to  cover  the  total  expense  of 
the  work  to  the  center  of  the  street  on  which  it 
fronts;  provided,  that  the  board  of  trustees  may 
expend  from  the  general  fund  for  said  purposes  a 
sum  which  in  their  judgment  may  be  necessary. 
The  expense  of  all  improvements  in  the  space 
formed  by  the  junction  of  two  or  more  streets,  or 
where  one  main  street  terminates  in  or  crosses 
another  main  street,  and  also  all  necessary  street 
crossings,  or  crossways  at  corners  or  intersection 
of  streets,  and  the  expense  of  establishing,  build- 


886  Municipal  Corporations, 

in.s:,  and  repairing  bridges  in  such  city  or  town, 
shall  be  paid  by  such  city  or  town.  The  expense 
incurred  in  malting  and  repairing  sewers  in  any 
street  shall  be  paid,  one  fourth  by  the  owner  of 
the  lands  on  one  side  of  said  street,  one  fourth  by 
the  owner  of  the  land  on  the  otlier  side  of  said 
street,  and  one-half  by  the  city  or  town  out  of  the 
sewer  fund.  In  all  the  streets  constituting  the 
water-front  of  such  city  or  town,  or  bounded  on 
the  one  side  by  the  property  thereof,  the  expense 
of  worlc  done  on  that  portion  of  said  streets,  from 
the  center  line  thereof  to  the  said  water-front,  or 
to  such  property  of  the  city  or  town  bounded 
thereon,  shall  be  paid  for  by  such  city  or  town, 
but  no  contract  for  any  such  work  shall  be  given 
except  to  the  lowest  responsible  bidder,  and  in  the 
manner  hereinafter  provided.  When  any  work  or 
improvements  mentioned  in  this  section  is  done 
or  made  on  one  side  of  the  center  line  of  said 
streets,  avenues,  or  public  highways,  the  lots  or 
portions  of  lots  fronting  on  that  side  only  shall  be 
assessed  to  cover  the  expenses  of  said  work  ac- 
cording to  the  provisions  of  this  chapter.  When- 
ever any  expenses  or  costs  of  w^ork  shall  have 
been  assessed  on  any  lands,  the  amount  of  said 
expenses  shall  become  a  lien  upon  said  lands, 
which  shall  take  precedence  of  all  other  liens,  and 
which  n^ay  be  foreclosed  in  accordance  with  the 
provisions  of  the  Code  of  Civil  Procedure.  Such 
suit  slinll  be  la  the  name  of  such  ci^^y  or  town  as 
plaintiff.  Upon  the  filing  of  a  complaint  in  the 
superior  court  to  enforce  a  lien  of  any  kind  here- 
on, the  plaintiff  shall  be  entitled,  if  a  recovery 
is  had  or  the  money  is  paid,  to  include  as  costs 
the  sum  of  twenty-five  dollars  as  attorney's  fees. 
Right  of  way. 

Sec.  870.  Whenever  it  shall  become  necessary 
for  the  city  or  town  to  take  or  damage  private 
property  for  the  purpose  of  estaMisliIng,  laying 
out,  extending,  and  widening  streets  and  other 
public  highways  and  places  within  the  city  or 
town,  or  for  the  purpose  of  rights  of  way  for 
drains,  sewers,  and  aqueducts,  and  for  the  pur- 
pose of  widening,  straightening,  or  diverting  the 
channels  of  streams  and  the  improvement  of 
water-fronts,  and  the  board  of    trustees    cannot 


Municipal  Corporations.  887 

agree  with  tlie  owner  thereof  as  to  the  price  to  be 
paid,  the  trustees  may  direct  proceedings  to  be 
taken  under  section  twelve  hundred  and  thirty- 
seven  and  following  sections,  to  and  including 
section  twelve  hundred  and  sixty-three  of  the 
Code  of  Civil  Procedure,  to  procure  the  same. 
Levy  of  taxes. 

Sec.  871.  The  board  of  trustees  shall  have 
power,  and  it  shall  be  their  duty,  to  provide  by 
ordinance  a  system  for  the  assessment,  levy,  and 
collection  of  all  city  or  town  taxes  not  inconsist- 
ent with  the  provisions  of  this  chapter,  which 
system  shall  conform  as  nearly  as  the  circum- 
stances of  the  case  may  permit  to  the  provisions 
of  the  laws  of  this  state  in  reference  to  the  assess- 
ment, levy,  and  collection  of  state  and  county 
taxes,  except  as  to  the  times  for  such  assessment, 
levy,  and  collection,  and  except  as  to  the 
officers  by  whom  such  duties  are  to  be  performed. 
Ill  taxes  assessed,  together  with  any  percentage 
imposed  for  delinquency,  and  the  costs  of  collec- 
tion, shall  constitute  liens  on  the  property  as- 
sessed, from  and  after  the  first  Monday  in  March 
in  each  year;  which  liens  may  be  enforced  by  a 
summary  sale  of  such  property;  and  the  execution 
and  delivery  of  all  necessary  certificates  and 
deeds  therefor,  under  such  regulations  as  may  be 
prescribed  by  ordinance,  or  by  actions  in  any 
court  of  competent  jurisdiction  to  foreclose  such 
liens;  provided,  that  any  property  sold  for  such 
taxes  shall  be  subject  to  redemption  within  the 
time  and  in  the  manner  provided,  or  that  may 
hereafter  be  provided  by  law  for  the  redemption 
of  property  sold  for  state  or  county  taxes.  All 
deeds  made  upon  any  sale  of  property  for  taxes  or 
special  assessments,  under  the  provisions  of  this 
chapter,  shall  have  the  same  force  and  effect  in 
evidence  as  is  or  may  hereafter  be  provided  by 
law  for  deeds  for  property  sold  for  non-payment 
of  state  or  county  taxes. 
Equalization. 

Sec.  872.  The  board  of  trustees  shall  meet  at 
their  usual  place  of  holding  meetings  on  the  sec- 
ond Monday  of  August  of  each  year,  at  ten  o'cloclv 
in  the  forenoon  of  said  day,  and  sit  as  a  board  of 


88S  Municipal  Corporations. 

equalization,  and  shall  continue  in  session  from 
flay  to  day  until  all  the  returns  of  the  assessor 
have  been  rectified.  They  shall  have  power  to 
hear  complaints,  and  to  correct,  modify,  or  strike 
out  any  assessment  made  by  the  assessor,  and 
may,  of  their  own  motion,  raise  any  assessment, 
upon  notice  to  the  party  whose  assessment  is  to 
be  raised.  The  corrected  list  for  each  tax  shall  be 
the  assessment  roll  for  said  tax  for  said  year.  It 
shall  be  certified  by  the  clerk,  who  shall  act  as 
clerk  of  the  board  of  equalization,  as  being  the 
assessment  roll  for  said  tax,'  and  shall  be  the 
assessment  roll  upon  which  such  tax  is  to  be 
levied  in  said  year. 
Construction  of  act. 

Sec.  873.  Nothing  in  this  chapter  contained 
shall  be  construed  to  prevent  any  city  or  town 
having  a  bonded  indebtedness,  contracted  under 
laws  heretofore  passed,  from  levying  and  collect- 
ing such  taxes  for  the  payment  of  such  indebted- 
ness, and  the  interest  thereon,  as  are  provided  for 
in  such  laws,  in  addition  to  the  taxes  herein  au- 
thorized to  be  levied  and  collected.  All  moneys* 
received  from  licenses,  street  poll-tax,  and  from 
fines,  penalties,  and  forfeitures,  shall  be  paid  into 
the  general  fund. 
Public  work  to  be  done  by  contract. 

Sec.  874.  In  the  erection,  improvement,  and  re- 
pair of  all  public  buildings  and  works,  in  all 
street  and  sewer  work,  and  in  all  work  in  and 
about  streams,  bays,  or  water-fronts,  or  in  or 
about  embankments,  or  other  w^orks  for  protec- 
tion against  overflow,  and  in  furnishing  any  sup- 
plies or  materials  for  the  same,  when  the  expen- 
diture required  for  the  same  exceeds  the  sum  of 
one  hundred  dollars,  the  same  shall  be  done  by 
contract,  and  shall  be  let  to  the  lowest  responsible 
bidder,  after  notice  by  publication  in  a  newspaper 
of  general  circulation,  printed  and  published  in 
such  city  or  town,  for  at  least  two  weeks,  or  if 
there  be  no  newspaper  printed  or  published  there- 
in, by  printing  and  posting  the  same  in  at  least 
four  public  places  therein  for  the  same  period; 
such  notice  shall  distinctly  and  specifically  state 
the  work  contemplated  to  be  done;  provided,  that 


Municipal  Corporations.  889 

the  board  of  trustees  may  reject  any  and  all  bids 
presented  and  readvertise,  in  their  discretion.  The 
board  of  trustees  shall  annually,  at  a  stated  time, 
contract  for  doing  all  city  printing  and  advertis- 
ing, which  contract  shall  be  let  to  the  lowest  bid- 
der, after  notice,  as  provided  in  this  section. 
[Amendment  approved  March  9,  1897;  Stats.  1897, 
chap.  Ixxxvii.] 
Signature  of  warrants  and  contracts. 

Sec.  875.  The  president  of  the  board  of  trustees 
shall  preside  over  all  meetings  of  the  board  at 
which  he  is  present.  In  his  absence  a  president 
pro  tern,  may  be  chosen.  The  president,  and  in 
his  absence  the  president  pro  tern.,  shall  sign  all 
warrants  drawn  on  the  treasurer,  and  shall  sign 
all  written  contracts  entered  into  by  said  city  or 
town,  as  such  president  or  president  pro  tern. 
The  authority  and  power  of  the  president  pro  tern, 
shall  continue  only  during  the  day  on  which  he  is 
chosen.  The  president  and  president  pro  tcm. 
shall  have  power  to  administer  oaths  and  affirma- 
tions, and  take  affidavits  and  testify  the  same 
under  their  hands.  The  president  or  president 
pro  tem.  shall  sign  all  conveyances  made  by  said 
city  or  town,  and  all  instruments  which  shall  re- 
quire the  seal  of  the  city  or  town.  The  president 
is  authorized  to  aclinowledge  the  execution  of  all 
instruments  executed  by  said  city  or  town,  that 
require  to  be  aclinowledged. 


Article  IV.— Executive  Department. 

Treasurer. 

Sec.  876.  It  shall  be  the  duty  of  the  treasurer 
to  receive  and  safely  keep  all  moneys  which  shall 
come  into  his  hands  as  treasurer,  for  all  of  which 
he  shall  give  duplicate  receipts,  one  of  which  shall 
be  filed  with  the  clerk.  He  shall  pay  out  said 
money  on  warrants  signed  by  the  president  and 
countersigned  by  the  clerk,  and  not  otherwise.  He 
shall  make  quarterly  settlements  with  the  clerk. 
For  his  compensation  he  shall  be  allowed  one  per 
cent  on  all  moneys  received  and  paid  by  him  as 
such  treasurer.  He  may  credit  himself  with  such 
Gen.  Laws— 75 


890  Municipal  Corporations. 

per  cent  in  his  settlements  with  the  clerk.    Upon 
each   quarterly  settlement,  he  shall  file  a   state- 
ment of  his  account  with  the  clerk. 
Assessor. 

Sec.  877.  It  shall  he  the  duty  of  the  assessor, 
between  the  first  day  of  May  and  the  first  day  of 
August  in  each  year,  to  make  out  a  true  list  of  all 
the  taxable  property  within  the  city  or  town.  The 
mode  of  making  out  of  said  list,  and  proceedings 
relating  thereto,  shall  be  in  conformity  with  laws 
now  in  force  regulating  county  assessors,  except 
as  the  same  may  be  otherwise  provided  in  this 
act,  or  by  ordinance.  Said  list  shall  describe  the 
property  assessed,  and  the  value  thereof,  and  shall 
contain  all  other  matters  required  to  be  stated  in 
such  lists  by  county  assessors.  Said  assessor  shall 
verify  said  list  by  his  oath,  and  shall  deposit  the 
same  with  the  clerk  on  or  before  the  first  Monday 
of  August  of  each  year.  The  assessor  shall,  dur- 
ing said  time,  also  make  a  list  of  all  male  persons 
residing  within  the  limits  of  the  city  or  town, 
over  tlie  age  of  twenty-one  years,  and  shall  verify 
said  list  by  his  oath,  and  shall,  on  or  before  the 
first  Monday  of  August  in  each  year,  deposit  the 
same  with  the  clerk.  Said  assessor  and  his 
deputy  shall  have  power  to  administer  all  oaths 
and  affirmations  necessary  in  the  performance  of 
his  duty. 
Clerk. 

Sec.  878.  It  shall  be  the  duty  of  the  clerk  to 
keep  a  full,  true  record  of  all  the  proceed!  ogs  of 
the  board  of  trustees  and  of  the  board  of  v^quali- 
zation.  The  proceedings  of  the  board  of  trustees 
shall  be  kept  in  a  book,  marked  "Records  of  the 
board  of  trustees."  The  proceedings  of  t}ie  board 
of  equalization  shall  be  kept  in  a  separate  book, 
marked  "Records  of  the  board  of  equalization." 
He  shall  keep  a  book,  which  shall  be  marked 
"City  or  town  accounts,"  in  which  shall  be  en- 
tered as  a  credit  all  moneys  received  by  the  city 
or  town  for  licenses,  the  amount  of  any  tax  when 
levied,  and  all  other  moneys  when  received,  and 
in  which  shall  be  entered  upon  the  debtor  side  all 
commissions  deducted  and  all  warrants  drawn  on 
the  treasury.    He  shall  also  keep  a  book,  marked 


Municipal  Corporations.  891 

"Marshal's  account."  in  which  he  shall  charge  the 
marshal  with  all  the  tax  lists  delivered  to  him, 
and  all  licenses  delivered  to  him.  He  shall  credit 
the  marshal  with  the  delinquent  lists  returned  by 
him,  and  with  his  commission  for  coUectiu.ir.  He 
shall  also  lieep  a  booli,  marlied  "Treasurer's  ac- 
count," in  which  he  shall  keep  a  full  account  of 
the  transactions  of  the  city  or  town  with  the 
treasurer.  He  shall  also  lieep  a  book,  marked 
"Licenses,"  in  which  he  shall  enter  all  licenses 
issued  by  him,  the  date  thereof,  to  whom  issued, 
for  what,  thfe  time  when  it  expires,  and  the 
am.ount  paid.  He  shall  also  keep  a  book,  marked 
"Attorney's  account,"  and  shall  therein  charge 
said  attorney  with  all  delinquent  tax  lists  deliv- 
ered to  him,  and  shall  credit  him  with  money  paid 
and  delinquent  tax  lists  returned.  He  shall  keep 
a  book,  marked  "Ordinances,"  into  which  he  shall 
copy  all  city  or  town  ordinances,  with  his  certifi- 
cate annexed  to  said  copy  stating  the  foregoing 
ordinance  is  a  true  and  correct  copy  of  an  ordi- 
nance of  the  city  or  town,  and  giving  the  number 
and  title  of  said  ordinance,  and  stating  that  the 
same  has  been  published  or  posted  according  to 
law.  Said  record  copy,  with  said  certificate,  shall 
be  prima  facie  evidence  of  the  contents  of  the 
ordinance  and  of  the  passage  and  publication  of 
the  same,  and  shall  be  admissible  as  such  evi- 
dence in  any  court  or  proceeding.  Such  records 
shall  not  be  filed  in  any  case,  but  shall  be  re- 
turned to  the  custody  of  the  clerk.  Nothing  here- 
in contained  shall  be  construed  to  prevent  the 
proof  of  the  passage  and  publication  of  ordinances 
in  the  usual  way.  Each  of  the  foregoing  books, 
except  the  records  of  the  board  of  trustees  and 
the  board  of  equalization,  shall  have  a  general  in- 
dex, sufficiently  comprehensive  to  enable  a  person 
readily  to  ascertain  matters  contained  therein. 
The  clerk  shall  also  keep  a  book,  marked  "De- 
mands and  warrants,"  in  which  he  shall  note 
every  demand  against  the  city  or  town,  and  file 
the  same.  He  shall  state  therein,  under  the  note 
of  the  demands,  the  final  disposition  made  of  the 
same;  and  if  the  same  is  allowed,  and  a  warrant 
drawn,  he  shall  also  state  the  number  of  the  war- 
rant, with  sufficient  dates.    This  book  shall  con- 


892  Municipal  Corporations. 

tain  an  index,  in  which  reference  shall  be  made  to 
each  demand.  Upon  the  completion  of  the  assess- 
ment roll  of  any  of  the  taxes  of  the  city  or  town, 
and  the  levying  of  the  tax  thereon,  the  clerk  shall 
apportion  the  taxes  upon  such  assessment  roll, 
and  make  out  and  deliver  to  the  marshal  a  tax 
list  in  the  usual  form,  taking  his  receipt  therefor. 
He  may  appoint  a  deputy,  for  whose  acts  he  and 
his  bondsmen  shall  be  responsible;  and  he  and  his 
deputy  shall  have  power  to  administer  oaths  or 
affirmations,  to  take  affidavits  and  depositions  to 
be  used  in  any  court  or  proceeding  in  the  state, 
and  to  certify  the  same.  He  and  his  deputy 
shall  take  all  necessary  affidavits  to  demands 
against  the  city  or  town,  and  certify  the  same 
without  charge.  He  shall  be  the  custodian  of  the 
seal  of  the  city  or  town.  He  shall  make  a  quart- 
erly statement  in  writing,  showing  the  receipts 
and  expenditures  of  the  city  or  town  for  the  pre- 
ceding quarter,  and  the  amount  remaining  in  the 
treasury.  He  shall  at  the  end  of  every  fiscal  year 
make  a'  full  and  detailed  statement  of  the  receipts 
and  expenditures  of  the  preceding  year,  and  a  full 
statement  of  the  financial  condition  of  the  affairs 
of  the  city  or  town,  which  shall  be  published.  He 
shall  perform  such  other  services  as  this  act  and 
the  ordinances  of  the  board  of  trustees  shall  re- 
quire. 
Attorney. 

Sec.  879.  It  shall  be  the  duty  of  the  attorney  to 
advise  the  city  or  town  authorities  and  officers  in 
all  legal  matters  pertaining  to  the  business  of 
said  city  or  town.  He  shall  receive  the  delinquent 
list  and  receipt  therefor;  he  is  authorized  to  bring 
suit  in  the  name  of  the  city  or  town,  in  the  proper 
court,  for  the  collection  of  any  tax;  he  shall  re- 
ceive for  collecting  taxes  such  per  cent,  on  the 
amount  collected  as  may  be  provided  by  ordi- 
nance, which  said  per  cent  shall  be  collected  of 
the  delinquent  tax-payers  as  provided  by  ordi- 
nance. In  case  a  suit  shall  be  brought  in  the  su- 
perior court  upon  a  tax  upon  real  estate  to  sell 
such  real  estate  for  the  purpose  of  paying  such 
tax  and  costs,  he  shall  be  allowed,  in  addition  to 
the  said  per  cent.,  twenty-five  (iollars  for  each  suit 


Municipal  Corporatious.  893 

brought,  to  be  taxed  as  costs  in  such  suit,  and  not 
to  be  paid  to  said  attorney  unless  collected  ot  the 
defendant  in  such  suit.  Said  attorney  shall  re- 
ceive such  other  compensation  as  may  be  allowed 
by  the  board  of  trustees. 
Marshal. 

Sec,  880.  The  department  of  police  of  ?aid  city 
or  town  shall  be  under  the  direction  and  control 
of  the  marshal;  and  for  the  suppression  of  any 
riot,  public  tumult,  disturbance  of  the  peace,  or 
resistance  against  the  laws  or  public  authorities 
in  the  lawful  exercise  of  their  functions,  he  shall 
have  the  powers  that  are  now  or  may  hereafter  be 
conferred  upon  sheriffs  by  the  laws  of  the  state, 
and  shall  in  all  respects  be  entitled  to  the  same 
protection;  and  his  lawful  orders  shall  be  prompt- 
ly executed  by  deputies,  police  officers,  and  Avatch- 
men  in  said  city  or  town,  and  every  citizen  ihall 
also  lend  him  aid,  when  required,  for  the  arrest  of 
offenders  and  maintenance  of  public  order.  He 
shall,  and  is  hereby  authorized  to,  execute  and  re- 
turn all  process  issued  and  directed  to  him  by  any 
legal  authority.  It  shall  be  his  duty  to  prosecute 
before  the  recorder  all  breaches  or  violations  of  or 
non-compliance  with  any  ordinance  which  shall 
come  to  his  linowledge.  He  shall  collect  all  taxes 
levied  by  the  board  of  trustees,  except  as  is  herein 
provided.  He  shall,  at  the  expiration  of  any 
month,  pay  to  the  treasurer  all  taxes  and  other 
funds  of  said  city  or  town  collected  by  him  during 
said  month.  He  shall,  upon  payment  of  the  mon- 
ey, file  with  the  treasurer  an  affidavit,  stating  that 
the  money  so  paid  is  all  the  taxes  or  funds  that  he 
has  collected  or  received  during  the  preceding 
month.  He  shall,  upon  the  receipt  of  any  tax 
list,  give  his  receipt  for  the  same  to  the  clerli,  and 
shall,  upon  depositing  with  the  clerk  the  delin- 
quent tax  list,  take  his  receipt  therefor.  He  shall 
receive  from  the  clerk  all  licenses,  and  collect  the 
same.  He  shall  have  charge  of  the  prison  and 
prisoners,  and  of  any  chain  gang  which  may  be 
established  by  the  board  of  trustees.  He  shall  for 
service  of  any  process  receive  the  same  fees  as 
constables.  He  may  appoint,  subject  to  the  ap- 
proval of  the  board  of  trustees,  one  or  more  depu- 


894  Municipal  Corporations. 

ties,  for  wliose  acts  he  and  liis  bondsmen  shall  be 
responsible,  whose  only  compensation  shall  be 
fees  for  the  service  of  process,  which  shall  be  the 
same  as  those  allowed  to  the  marshal.  He  may 
also,  with  the  concurrence  of  the  president  of  the 
board  of  trustees,  when  the  same  may  be  by  them 
deemed  necessary  for  the  preservation  of  public 
order,  appoint  additional  policemen,  who  shall  dis- 
charge the  duties  assigned  them  for  one  day  only. 
He  shall  perform  such  other  services  as  this  act 
and  the  ordinances  of  the  board  of  trustees  shall 
require,  and  shall  receive  such  compensation  as 
shall  be  fixed  by  ordinance. 
Compensation  fixed  by  board. 

Sec.  881.  The  board  of  trustees  shall,  by  ordi- 
nances not  inconsistent  with  the  provisions  of  this 
chapter,  prescribe  the  additional  duties  of  all  of- 
ficers, and  fix  their  compensation. 


Article  V.— Judicial  Department. 

Recorder's  court. 

Sec.  882.  A  recorder's  court  is  hereby  establish- 
ed in  such  city  or  town,  to  be  held  by  the  record- 
er of  such  city  or  town.  Said  recorder's  court 
shall  have  jurisdiction,  concurrently  with  the  jus- 
tice's courts,  of  all  actions  and  proceedings,  civil 
and  criminal,  arising  within  the  corporate  limits 
of  such  city  or  town,  and  which  might  be  tried  in 
such  justice's  court;  and  shall  have  exclusive  jur- 
isdiction of  all  actions  for  the  recovery  of  any  fine, 
penalty,  or  forfeiture  prescribed  for  the  breach  of 
any  ordinance  of  such  city  or  town,  of  all  actions 
founded  upon  any  obligation  or  liability  created 
by  any  ordinance,  and  of  all  prosecutions  for  any 
violation  of  any  ordinance.  The  rules  of  practice 
and  mode  of  proceeding  in  said  recorder's  court 
shall  be  the  same  as  are  or  may  be  prescribed  by 
law  for  justices'  courts  in  like  cases;  and  appeals 
may  be  fallen  to  the  superior  court  of  the  county 
in  which  such  city  or  town  may  be  situated,  from 
all  judgment  of  said  recorder's  court,  in  like  man- 
ner and  with  like  effect  as  in  cases  of  appeals 
from  justices'  courts. 


Municipal  Corporations.  895 

Powers  of  recorder  as  jiid2:e. 

Sec.  883.  The  recorder  shall  be  judge  of  the  re- 
corder's court,  "and  shall  have  the  powers  and  per- 
form the  duties  of  a  magistrate.  He  may  admin- 
ister and  certify  oaths  and  atfirmations,  and  take 
and  certify  acknowledgments.  He  shall  be  en- 
titled to  charge  and  receive  for  his  services  such 
fees  as  are  or  may  be  allowed  by  law  to  justices 
of  the  peace  for  like  services,  except  that  for  his 
services  in  criminal  prosecution  for  violation  of  or- 
dinances he  shall  be  entitled  to  receive  only  such 
fees  as  the  board  of  trustees  shall  by  ordinance 
prescribe. 
Recorder  disqualified  as  judge  in  certain  cases. 

Sec.  884.  In  all  cases  in  which  the  recorder  is 
a  party,  or  in  which  he  is  interested,  or  when 
he  is  related  to  either  party  by  consanguinity  or 
affinity  witliin  the  third  degree,  or  is  otherwise 
disqualified,  or  in  case  of  sickness  or  inability  to 
act  the  recorder  may  call  in  a  justice  of  the  peace 
residing  in  the  city  or  town  to  act  in  his  place  and 
stead;  or  if  there  be  no  justice  of  the  peace  resid- 
ing in  the  city  or  town,  or  if  all  those  so  residing 
are  likewise  disqualified,  then  he  may  call  in  any 
justice  of  the  peace  residing  in  the  county  in  which 
such  city  or  town  may  be  situated. 


Article  YI.— Miscellaneous  Provisions. 

Collection  of  moneys. 

Sec.  885.  Every  oflBcer  collecting  or  receiving 
any  moneys  belonging  to  or  for  the  use  of  such 
city  or  town  shall  settle  for  the  same  with  the 
clerk  on  the  first  Monday  in  each  month,  and  im- 
mediately pay  the  same  into  the  treasury,  on  the 
order  of  the  clerk,  for  the  benefit  of  the  funds  to 
which  such  moneys  respectively  belong. 
No  officer  to  be  interested  in  any  public  contract. 

Sec.  886.  No  officer  of  such  city  or  town  shall 
be  interested,  directly  or  indirectly,  in  any  con- 
tract with  such  city  or  town,  or  with  any  of  the 
officers  thereof  in  their  official  capacity,  or  in  doing 
any  work  or  furnishing  any  supplies  for  the  use 


89r»  Municipal  Corporations. 

of  such  city  or  town,  or  its  officers  in  their  official 
capacity;  and  any  claim  for  compensation  for 
work  done,  or  supplies  or  materials  furnished,  in 
which  any  such  officer  is  interested,  shall  be  void, 
and  if  audited  and  allowed  shall  not  be  paid  by 
the  treasurer.  Any  willful  violation  of  the  provis- 
ions  of  this  section  shall  be  a  ground  for  removal 
from  office,  and  shall  be  deemed  a  misdemeanor, 
and  punished  as  such.  [See  Statutes  and  Amend- 
ments, 1883,  93.] 


An  Act  entitled  "An  Act  to  enable  municipal  cor- 
porations of  the  sixth  class  to  elect  officers." 
[Approved  March  14,  1885;  Stats.  1885,  136.] 

Petition  for  appointment  of  commissioners  of  elec- 
tion. 
Section  1.  Whenever  a  corporation  of  the  sixth 
class  shall  have  failed,  from  any  cause,  to  elect 
officers  in  accordance  with  its  charter,  and  there 
are  no  officers  to  carry  on  the  city  government,  ou 
call  an  election  for  officers,  in  any  such  case  citi- 
zens of  such  corporation  may  present  a  petition 
to  the  governor  for  the  appointment  of  three  com- 
missioners of  election.  Such  petitions  shall  set 
forth:  1.  The  name  of  the  corporation,  and  when, 
and  how  organized;  2.  When  the  last  election  for 
officers  took  place,  and  whether  any  of  such  offi- 
cers are  performing  their  duties,  and  if  not,  how 
long  since  they  ceased  to  perform  their  duties; 
3.  The  provision  of  the  charter  as  to  the  qualifica- 
tions of  voters;  4.  That  the  persons  signing  the 
petition  possess  the  qualifications  provided  by  the 
charter  for  voters,  and  that  each  of  said  signers 
is  a  householder  and  freeholder  in  said  corpora- 
tion. The  petition  shall  be  signed  by  not"  less  than 
sieventy-five  persons  possessing  all  the  qualifica- 
tions mentioned  in  the  body  of  the  petition;  and 
shall  be  verified  by  at  least  two  of  the  signers, 
that,  of  their  own  knowledge,  the  petition  is  true, 
and  that  all  the  signers  possess  all  the  qualifica- 
tions set  forth  in  the  petition.  Upon  the  presen- 
tation of  the  petition  to  the  governor,  he  may 
either  act  upon  the  petition  or  require  additional 
evidence  of  the  matters  set  forth  in  the  petition. 


Municipal  Corporations.  897 

Upon  being  satisfied  of  the  truth  of  the  matters 
set  forth  in  the  petition,  the  governor  is  author- 
ized and  empowered  to  appoint  three  persons  as 
commissioners  of  election  for  such  corporation. 
Such  commission  shall  be  known  and  styled 
"board  of  election  commissioners  for"  (here  give 
name  of  corporation). 
Appointment  of  commissioners. 

Sec.  2.  The  governor  shall  cause  a  commission 
to  be  issued  to  the  commissioners,  and  the  issu- 
ance of  such  commission  shall  be  conclusive  evi- 
dence of  the  regularity  of  all  the  proceedings  to 
and  including  the  appointment  of  such  commis- 
sioner. Within  ten  days  after  their  appointment, 
the  commissioners  shall  take  the  oath  of  office  be- 
fore some  judge  or  clerk,  which  oath  shall  be 
indorsed  upon  the  commission,  and  a  copy  filed  in 
the  office  of  the  secretary  of  state,  and  shall  or- 
ganize by  the  election  of  a  president  and  secre- 
tary from  their  own  members.  The  board  shall 
cause  to  be  kept  minutes  of  all  their  proceedings, 
which  minutes  shall  be  signed  at  the  close  of 
each  meeting  by  the  president  and  secretary. 
Powers  of  commissioners. 

Sec.  .3.  The  board  of  election  commissioners 
shall  have  power:  1.  By  an  order  entered  in  their 
minutes,  to  call  an  election  for  such  officers  as  are 
declared  in  the  charter  of  such  corporation  to  be 
elected  only  by  the  voters  in  said  corporation. 
Such  orders  shall  specify  the  names  of  the  offices 
to  be  filled,  and,  when  any  office  is  to  be  filled  by 
an  election  in  any  ward  or  subdivision  of  said 
corporation,  the  order  shall  so  state,  and  the  date 
fixed  for  the  election.  Previous  to  the  election, 
the  board  shall  appoint  officers  of  election,  and 
fix  the  places  of  holding  the  election,  as  required 
in  the  charter  of  such  corporation.  The  board 
shall  cause  notice  of  such  election  to  be  published 
in  one  or  more  newspapers  published  in  said  cor- 
poration; or  if  none  be  published  therein,  then  by 
posting  notices,  for  at  least  twenty  days  before 
such  election.  Such  election  shall  be  conducted 
as  required  by  the  charter  of  said  corporation  for 
the  election  of  officers,  except  that  it  shall  not  be 
necessary  to  use  printed  registers,  but  should  any 
voter  be  challenged  on  the  ground  that  his  name 
does  not  appear  on  the  great  register  of  the  coun- 


89S  Municipal  Corporations. 

ty,  it  shall  be  sufficient  for  him  to  state,  under 

oath,  that  he  believes  his  name  is  on  the  great 

register,  and  if  no  other  evidence  is  offered,  the 

board   of  election  shall  accept  his  statement  as 

true. 

Election  returns. 

Sec.  4.  The  boards  of  election  shall  make  re- 
turn of  the  election  as  required  in  the  charter,  ex- 
cept that  the  returns  shall  be  returned  and  deliv- 
ered to  the  board  of  election  commissioners,  of  all 
officers  voted  for  at  such  election,  without  refer- 
ence to  whether  any  of  such  officers  were  voted 
for  in  the  whole,  or  only  a  ward  or  subdivision  of 
the  corporation,  and  no  officer  of  election  shall  is- 
sue a  certificate  of  election. 
Canvassing  returns. 

Sec.  5.  Within  five  days  after  the  election  the 
board  of  election  commissioners  shall  proceed  to 
canvass  said  returns  and  declare  what  persons 
were  elected.  Said  board  shall  thereupon  issue 
certificates  of  election  to  the  persons  so  declared 
to  be  elected;  such  certificate  shall  be  signed  by  all 
the  commissioners,  and  shall  be  conclusive  evi- 
dence of  the  regularity  of  all  the  proceedings  talien 
in  said  election  and  by  said  board,  except  as 
against  any  suit  or  proceeding  that  may  be  com- 
menced to  oust  from  office  any  of  said  persons 
holding  a  certificate. 
Officer  qualifying. 

Sec.  6.  Within  ten  days  after  issuance  of  the 
certificates,  the  officers  shall  be  qualified  and  (?n- 
ter  upon  the  discharge  of  their  duties,  in  accord- 
ance with  the  charter.  If  any  person  chosen  at 
said  election  siinll  fail  to  talce  the  oath  of  office  and 
enter  upon  the  discharge  of  the  duties  within  the 
time  above  specified,  then  the  office  to  which  he 
shall  have  been  elected  shall  be  deemed  and  held  to 
be  vacant,  the  same  as  if  he  had  never  been  elect- 
ed. At  the  first  meeting  of  the  legislative  depart- 
ment of  the  corporation  after  the  election,  the 
board  of  election  commissioners  shall  deliver  to 
said  legislative  department  all  books  and  papers 
in  tlieir  possession,  relating  to  their  office  of  elec- 
tion commissioners,  and  said  legislative  depart- 
ment shall  cause  the  same  to  be  filed  by  their 
clerk,  and  shall  cause  the  commission  issued  by 
the  governor  to  said  commissioners,  and  the  min- 


Municipal  Corporations.  899 

utes  of  said  commissioners,  and  notice  of  the  elec- 
tion, to  be  entered  in  the  book  of  minutes  of  said 
legislative  department,  and  such  entries,  when  so 
made,  shall  be  evidence  of  all  the  matters  therein 
stated,  and  as  conclusive  evidence  as  the  original. 
Effect  of  elections. 

Sec.  7.  Whenever  the  officers  elected  at  such 
election,  and  the  officers  authorized  by  the  char- 
ter to  be  elected  or  appointed  by  the  legislative  or 
executive  department  of  said  corporation,  shall 
have  qualified  and  entered  upon  the  discharge  of 
their  duties,  then  said  corporation  shall  be  deemed 
and  held  to  be  fully  organized  and  in  operation, 
as  if  said  election  had  been  held  at  the  time  and  in 
all  respects  in  the  manner  required  by  the  char- 
ter. 
Resolution  as  to  organization. 

Sec.  8.  Whenever  the  government  of  the  cor- 
poration is  in  full  operation,  as  set  forth  in  sec- 
tion seven,  the  legislative  department  shall  cause 
a  resolution  to  be  entered  in  their  minutes  declar- 
ing the  same;  and  such  resolution  shall  be  con- 
clusive evidence  of  the  same,  except  as  against  a 
direct  action  or  proceeding  to  set  aside  or  annul 
said  government. 

Sec.  9.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  Act  to  provide  for  the  disincorporation  of  mu- 
nicipal corporations  of  the  sixth  class. 
[Stat.  Approved  March  26,  1895;  Stats.  1895,  chap. 

cxxv.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  A  municipal  corporation  of  the  sixth 
class  may  disincorporate  after  proceedings  had  as 
required  in  this  Act.  The  council,  the  board  of 
trustees,  or  other  legislative  body  of  such  corpo- 
ration shall,  upon  receiving  a  petition  therefor, 
signed  by  not  less  than  half  of  the  qualified  elect- 
ors ^;hereof,  as  shown  by  the  vote  cast  at  the  last 
municipal  election  held  therein,  submit  to  the 
electors  of  such  corporation  the  question  Avhether 
such  municipal  corporation  shall  disincorporate. 
Such  question  shall  be  submitted  at  a  siiecial 
election   to   be   held   for   that   purpose,    and~  such 


900  Municipal  Corporations. 

legislative  body  shall  give  notice  thereof  by  pub- 
lication in  a  newspappr  printed  or  published  in 
such  corporation,  or  if  there  is  no  newspaper  pub- 
lished in  said  corporation,  then  in  some  newspa- 
per published  in  the  county  in  which  said  corpo- 
ration is  situated,  for  a  period  of  thirty  days  prior 
to  such  election.  Said  notice  shall  state  that  the 
question  of  disincorporating  said  corporation  will 
be  submitted  to  the  legal  voters  of  the  same  at 
the  time  appointed  for  such  election,  and  the  elec- 
tors shall  be  invited  thereby  to  vote  upon  such 
proposition  by  placing  upon  their  ballots  the  cross, 
as  provided  by  law,  after  the  words  "For  disin- 
corporation,"  or  "Against  disincorporation."  Such 
legislative  body  shall  also  designate  in  said  notice 
the  place  or  places  at  which  the  polls  will  be 
open  in  said  municipal  corporation;  and  shall  also 
appoint  and  designate  in  such  notice  the  names 
of  the  officers  of  election.  The  vote  at  said  elec- 
tion shall  be  taken,  canvassed,  and  returned  in 
the  same  manner  as  in  other  municipal  elections. 
Such  legislative  body  shall  meet  on  the  Monday 
next  succeeding  the  day  of  such  election,  and  pro- 
ceed to  canvass  the  votes  cast  thereat.  If  It  be 
found  by  the  canvass  of  said  votes  that  less  than 
two  thirds  of  the  votes  cast  were  in  favor  of  disin- 
corporation,  such  legislative  body  shall  declare 
the  petition  for  disincorporation  denied;  in  which 
case  no  new  election  shall  be  held  on  the  question 
of  (lisineorpoi-ating  the  corporation  involved  in 
said  petition  and  vote  until  after  the  expiration  of 
two  years  from  date  of  the  election  so  held.  Tn 
case  it  shall  appear  from  said  canvass  that  two 
thirds  of  all  the  votes  cast  were  in  favor  of  disin- 
corporation, said  legislative  body  shall,  under 
their  haud.s,  malce  and  lile  in  their  office,  and  cause 
to  be  entered  upon  their  record  of  proceedings,  an 
order  thai  the'  petition  for  such  disincorporation  be 
granted,  and  declaring  that  such  corporation  be 
disincorporated;  said  order  to  take  effect  at  the 
time  hereinafter  provided. 

Said  legislative  body  shall,  in  case  said  corpora- 
tion is  so  disincorporated,  forthwith  cause  their 
clerk,  or  other  officer  performing  the  duties  ot 
clerk,  by  an  order  entered  in  their  minutes,  to 
make  and  transmit  to  the  secretary  of  state  and 
board  of  supervisors  of  the  county  in  which  said 


Municipal  Corporations.  901 

corporation  is  situated,  a  certified  copy  and  ab- 
stract of  the  notice  of  election  hereinbefore  pro- 
vided for,  the  whole  number  of  electors  voting  for 
said  disincorporation,  and  the  number  of  electors 
voting  against  said  disincorporation.  Thirty  days 
from  and  after  the  holding  of  the  election,  in  cdse 
two  thirds  of  the  said  votes  were  cast  in  favor  of 
said  disincorporation,  said  municipal  corporation 
shall  be  forever  disincorporated.  Said  legislative 
body  shall  forthwith,  after  ascertaining  by  said 
canvass  that  said  disincorporation  has  been  car- 
ried, determine  the  amount  of  the  indebtedness 
of  said  municipal  corporation,  the  amount  of 
money  in  the  treasury  thereof,  and  the  amount  of 
any  tax  levy  made  by  said  corporation  unpaid  or 
not  due,  and  all  other  indebtedness  due  or  com- 
ing due  to  said  corporation,  and  within  thirty 
days  from  the  date  of  said  election  shall  transmit 
a  certified  statement  of  said  amount  to  the  board 
of  supervisors  of  the  county  in  which  said  mu' 
nicipal  corporation  is  situated;  and  the  treasurer 
of  said  corporation  shall  before  the  expiration  of 
said  thirty  days,  turn  over  to  the  treasurer  of  said 
county  all  moneys  of  said  municipal  corporation 
in  his  possession,  and  said  county  treasurer  shall 
place  said  moneys  in  a  special  fund,  to  be  drawn 
upon  as  hereinafter  provided  for.  Upon  the  dis- 
incorporation of  said  municipal  corporation,  every 
public  officer  of  said  corporation  shall  immediate- 
ly turn  over  to  the  board  of  supervisors  of  the 
county  in  which  said  corporation  is  situated,  all 
public  property  of  every  nature  and  description  in 
their  possession;  provided,  however,  that  all  court 
records  of  the  recorder's  court  of  the  said  munici- 
pal corporation  shall  be  retained  by  said  recorder 
as  justice  of  the  peace  of  the  township,  and  as 
such  justice  of  the  peace  he  shall  have  authority 
to  execute  and  complete  all  unfinished  business 
standing  on  the  same.  Nothing  contained  in  this 
act  shall  be  held  to  relieve  said  municipal  corpo- 
ration, or  the  territory  included  within  it,  from 
any  liability  for  any  debt  contracted  by  such  mu- 
nicipal corporation  prior  to  its  disincorporation. 
All  warrants  for  said  indebtedness  shall  be  drawn 
by  the  board  of  supervisors  of  the  county  in  which 
(Jen.  Law8--7G 


902  Municipal  Corporations. 

said  municipal  corporation  is  situated,  on  the  fund 
hereinabove  provided  for  in  the  county  treasury. 
If,  at  tlie  time  of  said  disincorporation,  a  tax  shall 
have  been  levied  by  said  municipal  corporation, 
and  remains  uncollected,  it  shall  be  the  duty  of 
the  tax  collector  of  the  county  in  which  said  mu- 
nicipal corporation  was  situated  to  collect  said  tax 
when  due,  and  pay  the  same  into  the  county 
treasury.  All  property  upon  which  any  municipal 
tax  lias  been  levied  and  the  same  has  become  de- 
linquent, either  before  or  after  the  date  of  such 
disincorporation,  and  all  property  sold  for  any  tax 
levied  by  said  municipal  corporation,  may  be  re- 
deemed by  any  party  interested,  by  the  payment 
to  the  county  treasurer,  upon  the  estimates  of 
the  auditor,  of  the  money  that  would  have  been 
necessary  to  redeem  such  property',  had  said  city 
not  disincorporated.  All  moneys  paid  into  the 
county  treasury  under  the  provisions  of  this  act 
shall  be  placed  to  the  credit  of  the  special  fund 
hereinabove  provided  for.  If,  at  any  time  after  the 
disincorporation  of  such  municipal  corporation,  it 
should  be  found  that  there  is  not  sufficient  money 
in  the  treasury  to  the  credit  of  the  fund  herein- 
above provided  for,  with  which  to  pay  any  Indebt- 
edness of  said  municipal  corporation,  the  board 
of  supervisors  of  said  county  shall  have  the  pow- 
er, and  it  shall  be  their  duty  to  levy,  and  there- 
shall  be  collected  from  the  territory  formerly  in- 
cluded within  said  municipal  corporation,  a  tax  or 
taxes  sutiieieut  in  amount  to  pay  the  said  indebted- 
ness, of  said  municipal  corporation,  as  the  same 
shall  become  due;  such  tax  or  taxes,  assessment, 
and  collection  sliall  be  made  in  the  same  manner 
and  at  the  same  time  that  other  taxes  of  said 
county  are  levied  and  collected,  and  shall  be  an 
additional  tax  upon  the  ])roperty  included  within 
said  territory  for  the  payment  of  said  debts.  If,  af- 
ter i)ayment  of  the  debts  of  said  municipal  corpo- 
ration, there  shall  remain  any  surplus  in  the  hands 
of  said  county  treasurer  to  the  credit  of  the  fund 
hereinbefore  mentioned,  the  money  so  remaining 
shall  be  transferred  to  the  school  fund  of  the  dis- 
tricts or  district  covered  by  said  municipal  corpo- 
ration. I  Amendment  approved  Feb.  17.  1899: 
Stats.  1899.  eh.  17. 

Sec.  2.  The  board  of  supervisors  of  the  county 
in  which  any  such  municipal  corporation  has  been 
disincorporated,  shall  have  the  power,  and  it  shall 


Municipal  Coi*porations.  903 

be  their  duty,  if  the  board  of  trustees  or  otlier  leg- 
islative body  of  sucli  corporation  shall  fail  or  re- 
fuse to  return  to  said  board  of  supervisors  the 
statement  of  said  amounts  as  hereinbefore  in  this 
act  provided,  to  ascertain  the  indebtedness  of  said 
municipal  corporation  at  the  time  of  its  disincor- 
poration,  and  the  amount  of  money  in  its  treas- 
ury and  the  amount  due  lo  it  at  the  said  time. 
Said  board  of  supervisors  shall  make  provision 
for  the  collection  of  the  amounts  due  to  said  mu- 
nicipal corporation,  and  for  the  closing-  up  of  its 
affairs,  and  any  act  or  acts  necessary  for  such  pur- 
pose and  not  otherwise  herein  provided  for,  shall, 
upon  the  order  of  said  board  of  supervisors  direct- 
ing the  same,  be  as  fully  done  and  performed  by 
the  officer  or  officers  performing  similar  duties 
for  the  said  county,  and  with  as  full  effect  as 
if  the  same  had  been  performed  by  tlie  proper 
officer  of  said  municipal  corporation,  before 
disincorporation,  and  said  county  shall  succeed 
to  and  possess  all  the  rights  of  said  munici- 
pal corporation  in  and  to  said  indebtedness,  and 
shall  have  power  to  sue  for  or  otherwise  collect 
any  such  debts,  in  the  name  of  the  county.  All 
costs  and  expense  of  ascertaining  the  facts  here- 
inbefore mentioned,  and  all  other  costs  and  ox^ 
pense  incurred  by  the  board  of  supervisors  in  the 
execution  of  the  powders  and  duties  of  said  board 
of  supervisors,  provided  for  in  this  act,  shall  be 
paid  out  of  the  special  fund  in  said  county  treas- 
ury hereinbefore  in  this  act  provided  for.  All  piro- 
visions  of  this  act  relating  to  the  settlement  of  a 
municipal  corporation  after  disincorporation  shall 
be  applicable  to  the  winding  up  of  the  affairs  of 
any  disincorporated  municipality  whether  disin- 
corporated before  or  after  the  passage  of  this  act. 
[Amendment  approved  Feb.  17,  1899;  Stats.  1899, 
chap.  17.] 

Sec.  3.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  Act  to  provide  for  the  reorganization  of  munici- 
pal corporations  and  for  determining  the  popu- 
lation thereof. 

[Stats.  1899,  chap.  62.] 
This  act  related  to  cities  of  the  sixth  class: 

An  Act  to  provide  for  the  ownership  of  property 
and  the  winding  up  of  the  affairs  of  municipal 


904  Municipal  Corporations. 

corporations  disincoi-porated  under  the  provis- 
ions of  an  act  of  tlie  legislature  of  the  state 
of  California,  entitled  "An  act  to  provide  for 
the  disincorporation  of  municipal  corporations 
of  the  sixth  class,"  approved  March  26th,  1895. 
when  two-thirds  or  more  in  value  of  assei;sable 
property  within  the  former  limits  thereof  shall 
be  included  within  the  boundaries  of  any  sub- 
sequentlv  incorporated  citv  or  town. 
[Approved  February  18,  1899;  Stats.  1899.  chap, 
xviii.] 

An  Act  to  authorize  and  direct  the  municipal  au- 
thorities of  the  several  cities  and  incorporated 
towns  of  this  state  to  execute  certain  trusts  in 
relation  to  the  tovsm  lands  granted  to  the  in- 
corporated cities  and  towns  in  this  state,  by 
the  act  of  congress  entitled  "An  act  for  the  re- 
lief of  the  inhabitants  of  cities  and  towns  up- 
on the  public  lands,"  approved  March  second, 
eighteen  hundred  and  sixty-seven. 
[Approved  March  24,  1868;  1867-8,  487.] 
This  act  was  amended  by  act  of  March  4,  1872, 

Stats.   1871-2,  p.  237. 

An  Act  amendatory  of  and  supplemental  to  an 
act  entitled  "An  act  to  authorize  and  direct  the 
county  .judges  of  the  several  counties  of  this 
state  to  execute  certain  trusts  in  relation  to 
the  town  lands  granted  to  the  unincorporated 
towns  in  this  state  by  the  act  of  congress  en- 
titled *An  act  for  the  relief  of  the  inhabitants 
of  cities  and  towns  upon  the  public  lands,'  ap- 
proved March  second,  eighteen  hundred  and 
sixty-seven,"  approved  March  thirtieth,  eigh- 
teen hundred  and  sixty-eight. 

[Approved  March  12,  1885;  1885,  115.] 
The  original  act  is  in  the  statnte  of  1867-8,  p.  692. 
Judges  to  enter  land  at  land-office. 

Section  1.  Section  one  of  said  act  is  amended 
so  as  to  read  as  follows: 

Section  1.  It  shall  be  the  duty  of  each  of  the 
persons  who  may  be  acting  as  a  superior  judge  and 
judge  of  the  superior  court  of  any  county  in  this 
state  to  enter  at  the  proper  land-office  of  the 
United  States  such  quantity  of  land  as  the  inhabit- 
ants of  any  unincorporated  town,  situated  in  the 
county  of  such  superior  judge,  may  be  entitled  to 


Municipal  Corporations.  905 

claim  in  the  aggregate,  according  to  their  popn- 
lation,  in  the  manner  required  by  the  laws  of  the 
United  States,  and  the  regulations  prescribed  by 
the  secretary  of  the  interior  of  the  United  States, 
and  to  make  and  sign  all  necessary  declaratory 
statements,  certificates,  and  aflSdavits,  or  other  in- 
struments requisite  to  carry  into  effect  the  inten- 
tions of  this  act,  and  the  intention  of  the  act  of 
congress  of  the  United  States  entitled  "An  act 
for  the  relief  of  the  inhabitants  of  cities  and 
towns  upon  the  public  lands,  approved  March  sec- 
ond, eighteen  hundred  and  sixty-seven,"  and  to 
make  proof,  when  required,  of  the  facts  necessary 
to  establish  the  claim  of  such  inhabitants  to  the 
lands  so  granted  by  said  act  of  congress. 

Estimate  of  expenses. 

Sec.  2.  Section  two  of  said  act  is  amended  so  as 
to  read  as  follows: 

Section  2.  The  superior  judge  of  any  county  in 
this  state,  whenever  he  shall  be  so  requested  by  a 
petition  signed  by  not  less  than  five  residents, 
householders  in  any  unincorporated  town,  whose 
names  appear  upon  the  assessment  roll  for  the 
year  preceding  sach  application — which  petition 
shall  set  forth  the  existence,  name,  and  locality 
of  such  town;  whether  such  town  is  situated  on 
surveyed  or  unsurveyed  lands,  and  if  on  surveyed 
lands  the  quarter  sections  or  lesser  subdivision 
covered  thereby  shall  be  stated;  the  estimated 
number  of  its  inhabitants;  the  number  of  separ- 
ate lots  or  parcels  of  land  within  such  town  site, 
and  the  amount  of  land  to  which  they  are  entitled 
under  said  act  of  congress— shall  estimate  the  cost 
of  entering  such  land,  and  of  the  survey  and  re- 
cording of  the  same,  and  shall  indorse  such  esti- 
mate upon  said  petition;  and  upon  receiving  from 
any  of  the  parties  interested  the  amount  of  money 
mentioned  in  such  estimate,  the  said  superior 
judge  may,  if  he  shall  deem  it  necessary,  cause  an 
enumeration  of  the  inhabitants  of  such  town  to 
be  made  by  some  competent  person,  who  shall  be 
appointed  for  that  purpose  by  such  superior  judge; 
and  such  enumeration  shall  be  returned  by  the 
person  so  malting  the  same,  exhibiting  therein 
names  of  all  the  heads  of  families  and  occupants 
of  lots,  lands,  or  premises  within  such  town  site, 


906  Municipal  Corporations. 

alphabetically  arranged,  verified  hx  his  oath,  to 
the  superior  judge  of  the  county. 

Surrey  of  lands. 

Sec.  3.  Section  three  of  said  act  is  amended  so 
as  to  read  as  follows: 

Section  3.  The  said  superior  judge  shall  ^here- 
upon cause  a  survey  to  be  made,  by  some  compe- 
tent person,  of  the  lands  which  the  inhabitants  of 
said  town  may  be  entitled  to  claim  under  the  said 
act  of  congress,  located  according  to  the  legal 
subdivision  of  the  sections  and  by  the  section  lines 
of  the  United  States,  and  the  same  shall  be  dis- 
tinctly marked  by  suitable  monuments.  Such  sur- 
veys shall  further  particularly  designate  all  streets 
roads,  lanes,  and  alleys,  public  squares,  churches, 
school  lots,  cemeteries,  and  commons,  as  the  same 
exist,  and  have  been  heretofore  dedicated  in  any 
manner  to  public  use;  and  by  measurement,  the 
precise  boimdaries  and  area  of  each  and  every  lot 
or  parcel  of  land  and  premises  claimed  by  any 
per.son,  corporation,  or  association,  within  said 
town  site,  shall  be  designated  on  the  plat,  show- 
ing the  name  or  names  of  the  possessor  or  occu- 
pant, and  claimant,  if  other  than  the  occupant,  of 
each  particular  lot  and  parcel  of  land;  and  in  case 
of  any  disputed  claim  as  to  lots,  lands,  premises, 
or  boundaries,  the  said  surveyor,  if  the  same  be 
demanded  by  any  person,  shall  designate  the  lines 
(in  different  color  from  the  body  of  the  plat)  of 
such  part  of  any  premises  so  disputed  or  claimed 
adversely.  A  plat  thereof  shall  be  made  in  trip- 
licate, on  a  scale  of  not  less  than  eighty  feet  to 
one  inch,  which  shall  be  duly  certified  under  oath 
by  the  surveyor,  one  of  which  shall  be  filed  with 
the  county  recorder  of  the  county  wherein  the 
town  is  situated,  one  shall  be  deposited  with  the 
superior  judge,  and  one  shall  be  deposited  with  the 
justice  of  the  peace  resident  in  or  nearest  to  such 
toAvn.  These  plats  shall  be  considered  public  rec- 
ords, shall  each  be  accompanied  with  a  copy  of  the 
field-notes,  anrl  the  county  recorder  shall  make 
a  record  thereof  in  a  book  to  be  kept  by  him  for 
that  purpose.  The  said  surveyor  shall  number  the 
blocks,  as  divided  by  the  roads  and  streets  opened 
at  the  time  of  making  such  survey,  and  shall  num- 
ber  the  several  lots  consecutively  in  each  block, 


Municipal  Corporations.  907 

and  all  other  parcels  of  land  within  said  town  site 
surveyed  as  herein  provided,  which  said  numbers 
shall  be  a  sufficient  description  of  any  parcel  ot 
land  in  said  plat  when  mentioned  by  reference  to 
such  town  plat;  and  such  plats,  field-notes,  and 
records,  and  certified  copies  thereof,  shall  be 
prima  facie  evidence  of  the  contents  and  correct- 
ness thereof  in  all  the  courts  of  this  state. 
Notice  to  be  ^iven. 

Sec.  4.    Section  four  of  said  act  is  hereby  amend- 
ed so  as  to  read  as  follows: 

Section  4.  Before  proceeding  to  make  such  STir- 
vey,  at  least  ten  days'  notice  shall  be  given  by 
the  superior  .iudge,  by  posting  within  the  limits  of 
such  town  site  not  less  than  five  written  or  printed 
notices  of  the  time  when  such  survey  shall  com- 
mence, and  by  publication  thereof  in  a  newspaper 
published  in  such  town,  if  one  there  be.  The  sur- 
vey of  said  town  lands  shall  be  made  to  the  best 
advantage,  and  at  the  least  expense  to  the  hold- 
ers and  claimants  thereof;  and  the  said  superior 
judge  is  hereby  authorized  to  receive  bids  for  such 
surveying,  and  to  let  the  same  by  contract  to  the 
lowest  competent  bidder. 
Dedicated  to  public  use. 

Sec.  5.    Section  five  of  said  act  is  hereby  amend- 
ed so  as  to  read  as  follows: 

Section  5.  All  streets,  roads,  lanes,  and  alleys, 
public  squares,  cemeteries,  and  commons,  survey- 
ed, marked,  and  platted,  on  the  map  of  any  town 
site,  as  prescribed  and  directed  by  the  provisions 
of  this  act,  shall  be  deemed  and  considered,  and 
they  are  hereby  declared  to  be,  dedicated  to  pub- 
lic use,  by  the  filing  of  such  town  plat  in  the  office 
of  the  county  recorder,  and  shall  be  inalienable, 
unless  by  special  order  of  the  board  of  supervis- 
ors of  the  county,  so  long  as  such  town  sliall  re- 
main unincorporated;  and  if  such  town  shall  at 
any  time  hereafter  become  incorporated,  then  the 
same  shall  become  the  property  of  such  town  or 
city,  and  shall  he  uudvv  the  care  and  subject  to  the 
control  of  the  board  of  trustees,  or  other  munici- 
pal authority  of  such  town  or  city. 
Assessment  on  land. 

Sec.  6.    Section  six  of  said  act  is  hereby  amend- 
ed so  as  to  read  as  follows: 


908  Municipal  Coii^orations. 

Section  6.  Each  lot  or  parcel  of  said  land  hav- 
ing thereon  valuable  improvements,  or  buildings 
ordinarily  used  as  dwellings  or  for  business  pur- 
poses, not  exceeding  one  tenth  of  one  acre  in  area, 
shall  be  rated  and  assessed  by  the  said  superioi? 
judge  at  the  sum  of  one  dollar;  each  lot  or  parcel 
of  such  lands  exceeding  one  tenth  and  not  exceed- 
ing one  eighth  of  one  acre  in  area  shall  be  rated 
and  assessed  at  the  sum  of  one  dollar  and  fifty 
cents;  each  lot  or  parcel  of  such  lands  exceeding 
in  area  one  eighth  of  one  acre  and  not  exceeding 
one  quarter  of  an  acre  in  area  shall  be  rated  and 
assessed  at  the  sum  of  two  dollars;  and  each  lot 
and  parcel  of  such  lands  exceeding  one  quarter 
of  an  acre  and  not  exceeding  one  half  of  one  acre 
in  area  shall  be  rated  and  assessed  at  the  sum  of 
two  dollars  and  one  half;  and  each  lot  or  parcel 
of  land  so  improved  exceeding  one  half  an  acre  in 
area  shall  be  assessed  at  the  rate  of  two  dollars 
and  one  half  for  each  half  an  acre,  or  fractiojial 
part  over  half  an  acre;  and  every  lot  or  parcel  of 
land  inclosed,  which  may  not  be  otherwise  im- 
proved, or  uninclosed,  claimed  by  any  persons, 
corporation,  or  association,  shall  be  rated  and  as- 
sessed at  the  rate  of  two  dollars  per  acre  or  frac- 
tional part  over  an  acre;  and  where,  upon  one  par- 
cel of  land,  there  shall  be  two  or  more  separate 
buildings,  occupied  or  used  ordinarily  as  dwell- 
ings, or  for  business  purposes,  each  such  building, 
for  the  purposes  of  this  section,  shall  be  consid- 
ered as  standing  on  a  separate  lot  of  land,  but 
the  whole  of  such  premises  may  be  conveyed  in 
one  deed;  which  moneys  so  assessed  shall  be  paid 
in  gold  and  silver  coin  of  the  United  States,  and 
shall  constitute  a  fund  from  whicli  shall  be  reim- 
bursed or  paid  the  moneys  necessary  to  pay  the 
government  of  the  United  States  for  said  town 
lands,  and  interest  thereon,  if  such  moneys  shall 
have  been  loaned  or  advanced  for  the  purpose  and 
expenses  of  their  location,  entry,  and  purchase, 
and  the  costs  and  expenses  attendant  upon  the 
making  of  such  survey  and  recording  thereof. 

Surplus. 

Sec.  7.  Section  seven  of  said  act  is  hereby 
amended  so  as  to  read  as  follows: 

Section  7.     Any  sum  of  money  remaining,  after 


Municipal  Corporations.  909 

defraying  all  the  necessary  expenses  of  location, 
entry,  surveying,  platting,  and  recording  of  lands, 
and  the  expenses  of  the  superior  judge  hereinafter 
mentioned,  shall  be  deposited  in  the  county  treas- 
ury, to  the  credit  of  the  fund  of  each  particular 
town,  and  shall  be  kept  separate  by  the  county 
treasurer,  to  be  paid  out  by  him  only  on  the  writ- 
ten order  of  such  superior  judge,  until  after  the 
expiration  of  the  time  for  a  final  settlement  of 
the  ?iffairs  of  such  town  lands,  as  hereinafter  pro- 
vided, at  which  time  any  and  all  balances  of  mon- 
eys so  remaining  to  the  credit  of  each  town  shall 
be  transferred  by  such  county  treasurer  to  the 
school  fund  of  the  particular  school  district  in 
which  said  town  shall  be  situated. 

Affidavits  to  be  made  by  claimants  of  lots. 

Sec.  8.  Section  eight  of  said  act  is  hereby 
amended  so  as  to  read  as  follows: 

Section  8.  Every  person,  corporation,  or  associa- 
tion, claimant  of  any  town  lot  or  parcel  of  land 
within  the  limits  of  such  town  site,  shall  present 
to  the  superior  judge,  within  six  months  after  the 
plat  shall  have  been  filed  in  the  office  of  the  coun- 
ty recorder,  his,  her,  or  their  affidavit,  verified  in 
person,  or  by  duly  authorized  agent,  or  attorney, 
in  which  shall  be  concisely  stated  the  facts  con- 
stitutiii.ii-  the  possession  or  right  of  possession  of 
the  claimant,  and  that  the  claimant  is  entitled  to 
the  possession  thereof  as  against  all  other  per- 
sons, to  the  best  of  his  linowledge  and  belief,  to 
which  shall  be  attached  a  copy  of  so  much  of  the 
plat  of  said  town  site  as  will  fully  exhibit  the 
particular  lot  or  parcel  of  land  so  claimed,  with 
the  abuttals;  and  every  such  claimant,  at  the  time 
of  filing  such  affidavit,  shall  pay  to  such  superior 
judge  such  sum  of  money  as  such  judge  shall 
thereon  certify  to  be  due  for  the  assessment  men- 
tioned in  section  six  of  this  act,  together  with  the 
further  sum  of  five  dollars,  in  the  gold  or  silver 
coin  of  tlie  United  States,  to  be  appropriated  to 
the  payment  of  the  expenses  incurred  in  carrying 
out  the  provisions  of  this  act;  and  the  superior 
judge  shall  thereupon  give  to  such  claimant  a  cer- 
tificate containing  a  description  of  the  lot  or  parcel 
of  land  claimed,  and  setting  forth  the  amounts 
paid  thereon  by  sucli     claimant.     The     superior 


910  Municipal  Corporations. 

judge  shall  procure  a  bound  book  for  each  town  in 
his  county,  wherein  he  shall  make  proper  entries 
of  the  substantial  matters  contained  in  every  such 
certificate  issued  by  him,  numbering  the  same  m 
consecutive  order,  setting  forth  the  name  of  the 
claimant  or  claimants  in  full,  date  of  issue,  and 
description  of  lot  or  lots  claimed. 
Assessment  insufficient  to  pay  expenses. 

Sec.  9.  Section  nine  of  said  act  is  hereby  amend- 
ed so  as  to  read  as  follows: 

Section  9.  If  it  shall  be  found  that  the  amounts 
hereinbefore  specified  as  assessments  and  fees  for 
costs  and  expenses  shall  prove  to  be  insufficient 
to  cover  and  defray  all  the  necessary  expenses,  the 
superior  judge  shall  be  and  he  is  hereby  empower- 
ed to  estimate  the  deficiency,  and  to  assess  such 
deficiency  pro  rata  upon  all  the  lots  and  parcels 
of  lands  in  such  town,  and  to  declare  the  same  up- 
on the  basis  set  down  in  section  six  of  this  act, 
which  additional  amount,  if  any,  may  be  paid  by 
the  claimant  at  the  time  when  the  certificate  here- 
inbefore mentioned,  or  at  the  time  when- the  deed 
of  conveyance  hereinafter  provided  for,  shall  be  is- 
sued. 

When  deeds     to     be     delivered — Actions — Mining 
claims. 

Sec.  10.  Section  ten  of  said  act  is  hereby  amend- 
ed so  as  to  read  as  follows: 

Section  10.  At  the  expiration  of  six  months  af' 
ter  the  issuance  of  the  certificate  mentioned  in  the 
preceding  section,  if  there  shall  have  been  no  ad- 
verse claim  filed  in  the  mean  time,  the  said  judge 
shall  make,  execute,  acknowledge,  and  deliver  to 
each  claimant,  or  to  his,  her,  or  their  heirs,  ad- 
ministrators, or  assigns,  a  good  and  sufficient  deed 
of  the  premises  described  in  the  application  of  the 
claimant  originally  filed.  No  conveyance  of  any 
such  lands,  made  as  in  this  act  provided,  shall  be 
deemed  to  conclude  the  rights  of  third  persons; 
but  such  third  persons  may  have  their  actions  in 
the  premises  to  determine  alleged  interest  in  such 
lands  against  such  grantee,  his  heirs,  or  assigns, 
to  whicli  they  may  deem  themselves  entitled  eith- 
er in  law  or  equity;  provided  that  no  action  for  the 
recovery  of  the  possession  of  such  premises,  or 
any  portion  thereof,  shall  be  maintained  in  any 


Municipal  Corporations.  911 

court  against  the  grantee  named  therein,  or 
against  his,  her,  or  their  assigns,  unless  such  ac- 
tion shall  be  commenced  within  two  years  after 
such  deeds  shall  have  been  filed  for  record  in  the 
office  of  the  county  recorder  of  the  county  where 
such  lands  are  situated;  and  provided,  that  noth- 
ing herein  shall  be  construed  to  extend  the  time 
of  limitation  prescribed  by  law  for  the  commence- 
ment of  actions  upon  a  possessory  claim  or  title  to 
real  estate  when  such  action  is  barred  by  law  at 
the  time  of  the  passage  of  this  act;  provided  fur- 
ther, that  wlienever  mining  claims  shall  have  been 
located  and  held  bona  fide  for  mining  purposes, 
such  mining  rights,  according  to  the  metes  and 
bounds  of  so  located  and  claimed,  shall  not  in  an> 
manner  be  affected  by  the  provisions  of  this  act, 
nor  shall  any  sale  be  made,  nor  any  title  be  con- 
veyed by  reason  of  any  sale  or  pretended  sale  of 
such  lands  so  claimed  for  mining  purposes  until 
after  the  occupancy  of  such  mining  claims  shall 
have  been  abandoned  by  the  holders  thereof. 

Adverse  claims— Action  for  possession. 

Sec.  11.  Section  eleven  of  said  act  is  amended 
so  as  to  read  as  follows: 

Section  11.  In  all  cases  of  adverse  claims,  or 
disputes  arising  out  of  conflicting  claims  to  lands 
or  boundary  lines,  the  adverse  claimants  may  sub- 
mit the  decision  thereof  to  the  superior  judge  b> 
an  agreement  in  writing,  specifying  particularly 
the  subject  matter  in  dispute,  and  may  agree  that 
his  decision  shall  be  final;  in  which  case  the  said 
judge  may  hear  the  proofs  and  shall  execute  a 
deed  in  accordance  therewith;  but  in  all  other 
cases  of  adverse  claim,  the  party  out  of  possession 
shall  commence  his  action  in  a  court  of  competent 
jurisdiction  within  six  months  after  the  filing  of 
the  town  plat  in  the  office  of  the  county  recorder. 
In  case  such  action  be  commenced,  the  plaintiff 
shall  serve  a  notice,  lis  pendens,  upon  the  superior 
judge,  who  shall  thereupon  stay  all  proceedings  in 
the  matter  of  granting  any  certificate  or  deed  until 
the  final  decision  of  such  suit;  and  upon  presenta- 
tion of  a  certified  copy  of  the  final  decree  of  such 
court  in  such  action,  the  superior  judge  shall  exe- 
cute and  deliver  a  deed  of  such  premises  in  ac- 
cordance with  the  decree.    In  case  no  such  action 


912  Municipal  Corporations. 

be  commenced  within  the  time  herein  prescribed, 
the  superior  judge  shall  deliver  his  deed  to  the 
party  in  possession,  as  provided  in  section  ten  of 
this  act. 
Notice  of  filing  of  plat. 

Sec,  12.  Section  twelve  of  said  act  is  amended 
so  as  to  read  as  follows: 

Section  12.  The  superior  judge  shall  give  pub- 
lic notice,  by  advertisement  for  four  weeks  in 
some  newspaper  published  in  the  county,  if  one 
there  be.  and  if  there  be  no  ncAVspaper  published 
in  said  county,  then  by  not  less  than  five  written 
or  printed  notices  posted  within  the  limits  of  such 
town  site,  that  the  plat  thereof  has  been  filed  in 
the  recorder's  office;  and  if  any  person,  company, 
or  association,  or  other  claimants  of  lands  in  such 
town,  shall  fail,  neglect,  or  refuse  to  malce  appli- 
cation to  the  said  superior  judge  for  a  deed  of  con- 
veyance of  the  lands  so  claimed,  and  to  pay  the 
sum  of  money  specified  in  this  act,  within  six 
months  after  the  filing  of  said  plat,  the  superior 
judge  shall  enter  on  his  boolv  the  names  of  all  such 
persons,  with  a  description  of  the  property  op 
premises,  and  shall  certify  the  same  as  delinqueni 
for  the  amount  of  assessments  certified  to  by  such 
judge  as  due  under  section  six  of  this  act;  and  at 
the  expiration  of  thirty  days  after  making  such 
entries,  if  sucli  application  be  not  made  and  such 
assessment  be  not  paid,  the  said  judge  shall  pro> 
ceed  to  advertise  all  such  lots  and  parcels  of  land 
for  sale  in  the  same  manner  as  real  estate  is  re- 
(liiired  to  be  advertised  under  execution. 
Sale  of  delinquent  land. 

Sec.  13.  Section  thirteen  of  said  act  Is  amended 
so  as  to  read  as  follows: 

Section  1."..  At  the  time  of  sale  mentioned  In 
said  advertisement,  said  judge  shall  proceed  to  sell 
all  such  parcels  of  land  so  remaining  delinquent, 
by  public  auction,  to  the  highest  bidder  for  cash, 
at  some  public  place  within  the  limits  of  said 
town  site;  and  he  shall  give  to  the  purchaser  at 
sucli  sale  a  certificate  of  his  purcliase,  setting 
forth  therein  a  description  of  the  premises  sold, 
the  amount  paid,  and  that  the  same  is  subject  to 
redemption,  as  prescribed  in  the  next  section;  pro- 
vided, that  no  sale  shall  be  made  for  less  than  the 


Municipal  Corporations.  913 

whole  amount  of  assessments  and   the   costs   of 
making  the  sale,  which  costs  shall  be  divided  pro- 
rata among  the  several  parcels  offered  for  sale. 
Redemption. 

Sec.  14.  Section  fourteen  of  said  act  is  amended 
so  as  to  read  as  follows: 

Section  14.  At  any  time  within  six  months  after 
such  sale  the  original  claimant  shall  be  entitled  to 
redeem  such  premises,  by  paying  to  the  purchaser, 
or  to  the  superior  judge  for  purchaser,  double  the 
whole  amount  of  the  purchase  money,  in  gold  and 
silver  coin;  but  in  case  no  redemption  be  made  the 
purchaser,  his  heirs  or  assigns,  shall  be  entitled 
to  demand  and  receive  from  the  superior  judge  a 
deed  of  such  premises,  which  deed  shall  be  abso- 
lute as  against  the  parties  delinquent,  and  shall 
entitle  the  grantee,  his  heirs,  or  assigns,  to  a  writ 
of  assistance  from  the  superior  court  having  juris- 
diction of  tlie  premises. 
Unclaimed  lands. 

Sec.  15.  Section  fifteen  of  said  act  is  amended 
so  as  to  read  as  follows: 

Section  15.  If  within  six  months  after  the  giv- 
ing of  the  public  notice  that  the  plat  of  any  town- 
site  has  been  filed  in  the  recorder's  office  as  pro- 
vided in  section  twelve  of  this  act,  there  shall  re 
main  any  unoccupied,  or  vacant  unclaimed  lands, 
or  lands  not  previously  surveyed  into  town  lots 
under  the  provisions  of  this  act,  and  any  person 
has  hitherto  or  shall  hereafter  discover  gold  in  any 
portion  thereof  in  quantities  which  he  may  deem 
sufficient  to  justify  the  profitable  worliing  thereof 
(his  judgment  thereon  to  be  conclusive),  and  has 
located  and  held  the  same  bona  fide  for  mining 
purposes,  such  mining  possession  shall  constitute 
him  a  preferred  purchaser  thereof,  from  the  judge 
of  the  superior  court,  according  to  the  metes  and 
bounds  of  his  location  thereof,  within  the  meaning 
of  this  act;  and  he  may  apply  to  the  judge  of  the 
superior  court  for  a  deed  thereto,  which  applica- 
tion he  shall  accompany  with  a  deposit  to  be  held 
by  such  judge  in  an  amount  to  be  estimated  by 
him  sufficient  to  pay  the  expenses  of  a  survey  and 
the  platting  thereof  as  herein  provided  for. 

The  said  Superior  Judge  shall  thereupon  cause 
Gen.  Laws — 77 


914  Municipal  Corporations. 

a  survey  and  plats  to  be  made  of  such  mining 
possession,  and  shall  cause  such  plats  and  a  copy 
of  the  field  notes  of  such  survey  to  be  filed  in  thf 
Recorder's  office  of  the  county  in  which  such  town 
is  situated  in  the  manner  provided  in  section  three 
of  this  Act,  and  such  filing  shall  have  the  effect 
therein  provided,  but  the  provisions  of  section 
four  of  this  Act  shall  not  apply  to  any  survey 
made  under  the  provisions  of  this  section. 

After  the  filing  of  such  plats  and  such  copy  of 
field  notes,  said  judge  shall  sell  the  said  land  so 
embraced  within  such  mining  possession  to  the 
bona  fide  possessor  thereof  at  a  price  equal  to  one 
dollar  and  a  quarter  per  acre  or  fraction  of  an  acre 
thereof,  and  the  expenses  of  the  surveying  and 
platting  thereof;  and  in  case  two  or  more  claim- 
ants apply  for  the  same  tract,  or  parcel  of  the  same 
tract,  said  judge  shall  determine  who  is  entitled 
thereto,  and  shall  sell  the  same  to  the  party  so  en- 
titled. 

If  any  person  has  hitherto  or  shall  hereafter  oc- 
cupy any  portion  of  such  unsurveyed  lands,  and 
shall,  in  good  faith,  mal^e  improvements  thereon 
for  any  purpose  other  than  mining,  he  shall  have 
to  the  extent  of  his  possession  thereof  the  same 
rights  and  privileges  hereunder  as  such  possessor 
for  mining  purposes. 

And  any  person  not  in  possession  may,  at  any 
time,  apply  to  such  Superior  Judge  for  a  survey 
into  lots  and  a  platting  of  any  such  unoccupied, 
or  vacant  unclaimed  lands,  or  lands  not  previously 
surveyed  into  toAvn  lots  under  the  provisions  of 
this  Act,  and  upon  his  depositing  with  such  judge 
an  amount  to  be  estimated  by  him  as  sufficient 
to  defray  the  expenses  thereof,  said  judge  may,  at 
his  discretion,  cause  any  portion  of  such  lands  to 
be  laid  out  and  surveyed  under  his  supervision  into 
a  suitable  tract  or  lot,  or  into  suitable  blocks  and 
lots,  as  such  judge  shall  determine,  and  shall  re- 
serve such  portions  as  sliall  be  deemed  necessary 
for  public  squares  and  school-house  lots;  and  shall 
cause  all  necessary  roads,  streets,  lanes,  and  alleys 
to  be  laid  out  through  the  same,  and  dedicated  to 
public  use;  and  the  said  judge  shall,  upon  such  sur- 
vey being  completed,  proceed  in  the  manner  pro- 
vided in  section  three  of  this  Act  to  have  plats 


Municipal  Coroporations.  915 

made  thereof  in  duplicate,  and  such  plats  and  a 
copy  of  the  field  notes  of  such  survey  filed  and  dis- 
posed of  ns  in  said  section  three  provided  for,  and 
with  lil^e  effect  as  therein  given  to  the  orii^inal 
plats  and  field  notes  of  the  survey  of  such  town- 
site;  and  the  said  judge  shall  sell  the  same  in  suit- 
able parcels  to  the  applicant  for  such  survey,  or  to 
other  parties  at  the  price  hereinbefore  stated,  and 
in  case  two  or  more  parties  apply  for  the  same 
tract  or  parcel  of  the  same  tract,  he  shall  sell  the 
same  at  public  auction  to  the  highest  bidder  upon 
ten  days'  notice  given  by  posting  three  notices  of 
such  sale  in  public  places  in  such  town,  but  no  bid 
for  less  than  the  minimum  price  herein  stated 
shall  be  received  at  such  sale. 

If  no  sale  is  made,  said  judge  may,  in  his  dis- 
cretion, offer  such  land  for  sale  in  the  same  man- 
ner at  any  future  time. 

Said  judge  shall  execute  to  any  purchaser,  un- 
der the  provision  of  this  section,  all  necessary 
deeds  of  conveyance,  and  such  deeds  shall  be 
prima  facie  evidence  of  the  truthfulness  of  all  re- 
citals therein  contained. 

Any  surplus  left  of  the  deposit,  in  this  section 
provided  to  be  made,  shall  be  returned  to  the  de- 
positor thereof,  after  proceedings  hereunder  are 
completed.  [Amendment  approved  March  9,  1897; 
Stats.  1897,  eh.  90.  In  effect  immediately.] 
School  lots. 

Sec.  16.  Section  sixteen  of  said  act  is  amended 
so  as  to  read  as  follows: 

Sec.  16.  All  school  lots  and  parcels  of  land  re- 
served for  school  purposes,  as  aforesaid,  by  order 
of  the  superior  judge,  shall  be  conveyed  to  the 
school  trustees  of  the  school  district  in  which  such 
town  is  situate,  without  cost  or  charge  of  any 
kind  whatever. 
False  oaths. 

Sec.  17.  Section  seventeen  is  amended  so  as  to 
read  as  follows: 

Sec.  17.     If  any  person  shall  falsely  make  oath 
to  any  affidavit  required  to  be  made  by  this  act, 
he  or  she  shall  be  deemed  guilty  of  perjury,  and 
upon  conviction,  shall  be  punished  accordingly. 
Deeds  fraudulently  obtained. 

Sec.  18.  Section  eighteen  of  said  act  is  amended 
so  as  to  read  as  follows: 


91t)  Municipal  Corporations. 

Sec.  18.  If  any  guardian  or  administrator,  or 
tenant,  joint  tenant,  tenant  in  common,  coparce- 
ner, or  partner  in  the  possession  of  any  of  the 
lands  mentioned  in  this  act,  shall  fraudulently  pro- 
cure, or  cause,  permit,  suffer,  or  allow  any  deed  to 
be  obtained  therefor,  for  his  or  her  sole  benefit, 
or  by  his  or  her  neglect  allow  the  same  to  be  done 
by  others,  such  deed  shall  be  null  and  void,  and 
shall  convey  no  title,  and  an  action  may  be  brought 
by  any  party  injured  or  aggrieved  thereby  or 
claiming  any  interest  in  such  premises,  for  the 
recovery  of  such  interest,  at  any  time  within  five 
years  after  the  discovery  of  such  fraud. 
Vacancy  in   office  of  judge. 

Sec.  19.  Section  nineteen  of  said  act  is  amended 
so  as  to  read  as  follows: 

Sec.  19.  In  case  a  vacancy  shall  occur  from  any 
cause  in  the  office  of  superior  judge  during  the 
pendency  of  any  of  the  proceedings  to  be  taken 
under  this  act,  upon  the  election  or  appointment 
of  a  successor,  it  shall  be  the  duty  of  the  county 
clerk  to  make  out  a  certificate,  under  seal,  show- 
ing the  facts  and  name  of  such  successor,  and  file 
the  same  with  the  county  recorder,  who  shall  re* 
cord  such  certificate  in  a  book  of  deeds,  and  shall 
attach  the  original  to  the  town-book  in  his  office. 
Compensation. 

Sec.  20.  Section  twenty  of  said  act  is  amended 
so  as  to  read  as  follows: 

Sec.  20.  For  service  performed  under  this  act, 
the  superior  judge  shall  be  entitled  to  receive,  out 
of  the  moneys  provided  for,  to  be  paid  into  his 
hands,  the  sum  of  one  dollar  per  mile  for  all  travel 
necessarily  performed  by  him  on  such  duty;  for 
every  deed  executed  by  him,  the  sum  of  five  dol- 
lars, as  provided  in  section  eight  of  this  act,  which 
shall  include  the  acknowledgment  and  revenue 
stamp  thereon  required;  and  for  every  certificate 
issued  by  him,  the  sum  of  fifty  cents. 
Currency. 

Sec.  21.  Section  twenty-one  of  said  act  is 
amended  so  as  to  read  as  follows: 

Sec.  21.  All  moneys  required  to  be  paid  by  any 
person  under  this  act  shall  be  paid  in  gold  and  sil- 
ver coin,  except  that  for  the  payment  of  the  price 
of  the  land  to  the  government  of  the  United  States 
the  superior  judge  shall  be  authorized  and  request- 


Municipal  Corporations.  917 

ed  to  purchase,  at  the  market  price,  so  much  in 
legal-tender  notes  as  may  be  requisite  therefor. 

Judge's  account. 

Sec.    22.    Section    twenty-two    of    said    act    is 
amended  so  as  to  read  as  follows: 

Section  22.  Every  superior  judge,  when  fulfill- 
ing the  duties  imposed  upon  him  by  the  act  of  con- 
gress aforesaid,  and  by  this  act,  shall  keep  a  cor- 
rect account  of  all  moneys  received  and  paid  out 
by  him.  He  shall  deposit  all  surplus  moneys  with 
the  county  treasurer  of  his  county,  and  at  the  end 
of  one  year  from  the  time  when  the  town  plat  of 
any  town  shall  be  filed  in  the  county  recorder's 
ofllce  he  shall  settle  up  all  the  affairs  pertaining 
to  said  town,  and  shall  pay  over  to  the  county 
treasurer  all  moneys  belonging  to  said  town,  for 
the  use  and  benefit  of  the  school  district  in  which 
said  town  may  be  situate;  provided,  that  if  any 
claims  to  lands  in  such  town  shall  be  the  subject 
of  litigation,  the  same  shall  be  finally  settled  by 
such  superior  judge,  whenever  the  final  decree  of 
court  shall  be  served  upon  him. 
Deposit  of  books  with  county  clerk. 

Sec.  23.  Section  twenty-three  of  said  act  is 
amended  so  as  to  read  as  follows: 

Sec.  23.  Whenever  the  affairs  of  any  such  town 
shall  be  finally  settled  and  disposed  of  by  such  su- 
perior judge,  he  shall  deposit  all  books  and  papers 
relating  thereto  in  the  superior  court  of  his  county, 
to  be  thereafter  kept  in  the  custody  of  the  county 
clerk  as  public  records,  subject  to  the  inspection 
of  any  citizen. 
Informality  not  to  injure. 

Sec.  24.  No  mere  informality,  failure,  or  omis- 
sion, on  the  part  of  any  of  the  persons  or  officers 
named  in  this  act  shall  invalidate  the  acts  of  such 
person  or  officer,  but  every  certificate  or  deed 
granted  to  any  person,  pursuant  to  the  provisions 
of  this  act,  shall  be  deemed,  taken,  and  considf'red 
as  conclusive  evidence  that  all  preliminary  i pro- 
ceedings in  relation  thereto  have  been  correctly 
taken  and  performed. 

Proviso. 

Sec.  25.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage;  provided,  that  the 
towns  of  Shasta  and  Red  Bluff  shall  be  and  are 


918  Municipal  Corporations. 

hereby  excepted  and  exempted  from  the  operation 
of  its  provisions. 

An  Act  to  validate  the  organization  and  incorpora- 
tion of  municipal  corporations. 
[Stat,  approved  March  17,  1897;  Stats.  1897;  chap. 

cxii.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follo^Ys: 

Section  1.  All  municipal  corporations,  the  or- 
ganization and  incorporation  of  which  have  been 
authenticated  by  an  order  of  a  Board  of  Super- 
visors in  this  State,  declaring  the  same  incorpo- 
rated as  municipal  corporations  of  the  classes  to 
which  such  corporations  may  respectively  belong, 
and  a  certified  copy  of  which  order  has  been  filed 
by  such  Board  of  Supervisors  in  the  office  of  the 
Secretary  of  State,  showing  such  copy  of  said  or- 
der to  have  been  filed  in  said  office,  and  which 
<;orporations  thereafter  have  acted  in  the  form  and 
manner  of  municipal  corporations  under  the  pro- 
visions of  "An  Act  to  provide  for  the  organization, 
incorporation,  and  government  of  municipal  cor- 
porations," approved  March  thirteenth,  eighteen 
hundred  and  eighty-three,  and  the  amendments 
thereto,  are  hereby  declared  to  be  and  to  have 
been  municipal  corporations  from  the  date  of  fil- 
ing the  certified  copy  of  said  order  of  the  Board  of 
Supervisors  with  the  Secretary  of  State;  and  all 
tlie  acts  of  the  said  municipal  corporations  hereto- 
fore exercised  according  to  the  Act  aforesaid,  are 
hereby  validated  and  declared  as  legal. 

Sec.  2,  This  Act  shall  take  effect  from  and  after 
its  passage  and  approval. 

An  Act  to  validate  proceedings  for  the  reorganiza- 
tion of  municipal  corporations  taken  since  the 
passage  of  the  act  entitled  "An  Act  to  provide 
for  the  organization,  incorporation,  and  govern- 
ment of  municipal  corporations,"  approved 
March  13,  1883.1 

[Approved  March  10,  1889;  1889,  203.] 
Acts  of  municipal  corporations  validated. 

Section  1.  All  cities  and  counties,  cities,  or 
towns  reorganized,  or  claiming  to  have  been  re- 
organized, since  the  passage  of  the  act,  the  title 


Municipal  Corporations.  919 

of  which  is  recited  in  the  title  hereof,  or  which 
have  attempted  since  said  date  to  reorganize  or  in- 
corporate under  the  provisions  of  said  act,  and 
have  acted  as  municipal  corporations  since  such 
reorganization,  ;ire  hereby  declared  to  be,  and  to 
have  been  from  the  date  of  such  reorganization, 
or  attempted  reorganization,  duly  and  legally  in- 
corporated and  reorganized  cities,  and  all  proceed- 
ings for  the  reorganization  of  such  municipal  cor- 
porations are  hereby  validated  and  declared  legal. 
An  act  almost  identical  in  language  with  this 
one  was  passed  in  1887:  Act  approved  March  15, 
1887;  Statutes  1887,  150. 

An  act  of  the  same  nature  but  more  extensive 
in  its  operation  was  also  passed  March  11,  1891; 
Stats.  1891,  p.  92. 

An  Act  to  enable  cities  incorporated  and  operating 
under  a  charter  framed  under  section  eight, 
article  eleven,  of  the  Constitution,  to  abandon 
and  annul  such  charter,  and  organize  under 
general  laws. 
[Stat,  approved  March  27,  1897.    Stats  1897;  chap. 

cxxxviii.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  The  common  council,  or  other  legisla- 
tive body  of  any  city  in  this  state,  operating  under 
a  charter  framed  under  section  eight,  article 
eleven,  of  the  Constitution,  shall  have  power,  and 
it  shall  be  their  duty,  whenever  a  petition  is  i)re- 
sented  to  them,  signed  by  one-half  of  the  qualified 
electors  of  such  city,  by  ordinance,  to  submit 
to  the  qualified  electors  of  such  city  at  any  general 
election,  the  question  whether  such  city  shall 
abandon  such  charter  and  reorganize  under  the 
general  laws  of  the  State  providing  for  the  or- 
ganization, incorporation,  and  government  of  mu- 
nicipal corporations.  Such  election  shall  be  called 
and  held  in  accordance  with  the  provisions  of  such 
charter  for  calling  and  holding  elections,  and  if 
two-thirds  of  such  qualified  electors  voting  at 
such  election  shall  vote  to  abandon  such  charter 
and  reorganize  under  the  general  laws  of  the  State 
providing  for  the  organization,  incorporation,  and 
government  of  municipal  corporations,  such  city 
shall,  from  and  after  the  thirtieth  day  after  such 


920  Municipal  Corporations. 

election,  cease  to  be  orj2;anized  under  such  char- 
ter, and  such  charter  shall  be  superseded  by  said 
general  laws,  and  organized  thereunder.  In  case 
such  proposition  shall  fail  to  receive  the  vote  of 
two-thirds  of  such  electors,  then  the  proposition 
for  the  abandonment  of  such  charter  and  reor- 
ganization under  the  general  laws  shall  not  be 
again  submitted  for  two  years. 

Sec.  2.  All  officers  of  such  city  shall  continue 
in  office,  and  their  powers  under  said  charter  shall 
not  cease  until  officers  shall  have  been  elected  and 
qualified  under  said  general  laws. 

Sec.  3.    This  Act  shall  take  effect  immediately. 


An  Act  to  provide  for  the  sale  of  an  excess  of 

w^ater  when  owned  by  a  municipality. 
[Stat,  approved  March  27,  1897.    Stats.  1897,  chap. 

cxxi.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Whenever  the  water  supply  owned 
by  any  city,  incorporated  town,  county,  or  city 
and  county,  is  in  excess  of  the  amount  required  to 
supply  the  water  required  by  the  inhabitants 
thereof,  it  may  be  declared  by  ordinance  that  such 
excess  exists,  and  such  excess  of  water  may  be 
sold  outside  of  the  limits  of  the  corporation;  but 
in  no  case  shall  a  contract  be  made  for  a  supply 
of  any  excess  of  water  sold  by  a  city,  incorporated 
town,  county,  or  city  and  county,  outside  the  cor- 
porate limits  for  a  period  longer  than  one  year; 
and  in  no  case  shall  such  a  contract  be  made  un- 
less the  legislative  authority  of  a  city,  incorporated 
town,  county,  or  city  and  county,  declare  by  ordi- 
nance that  there  exists  an  excess  of  water  not  re- 
quired to  supply  the  inhabitants  of  the  city,  in- 
corporated tow^n,  county,  or  city  and  county,  with- 
in the  term  of  the  contract,  but  water  not  requir- 
ed to  supply  the  inhabitants  of  a  city,  incorporated 
town,  county,  or  city  and  county,  may  be  sold  by 
the  authorities  thereof  outside  the  corporate  lim- 
its from  month  to  month  during  the  existence  of 
such  excess,  and  shall  be  sold  only  at  the  rates 
fixed  for  consumers  inside  the  corporative  limits. 

Sec.  2.    This  Act  shall  take  effect  immediately. 


Municipal  Corporations.  921 

An  Act  to  provide  for  the  disposal  of  money  raised 
by  cities  or  towns  for  public  iraprovement 
after  the  same  has  been  completed  and  paid 
for.  [Stats.  1899,  chap.  91.] 

An   Act    authorizing-    municipal    corporations     to 
lease,  purchase,  own,  and  operate  gravel-beds 
and     quarries,   and    to    transport  gravel  and 
rock  therefrom  to  such  municipal  corporations, 
for  the  purpose  of  making,  improving,  and  re- 
pairing roads. 
[Approved  March  27,  1S97;  Stats.  1897,  chap,  elx.] 
Municipal  corporations  may  acquire  gravel  beds 
and  quarries. 
Sec.  1.     Any  incorporated  city  or  town  in  this 
State  may  acquire,  lease,  purchase,   and  operate 
any  gravel-bed  or  quarry  within  the  county  where 
such  city  or  town  is  situated,  and  may  equip  and 
operate  a  plant  at  such  gravel-bed  or  quarry,  or 
within  such  town  or  city,  for  the  purpose  of  break- 
ing,   crushing,    or   otherwise   preparing   gravel   or 
rock  to  be  used  in  making,  paving,  improving,  or  re- 
pairing its  streets.    Any  such  city  or  town  may  ac- 
quire, lease,  or  purchase  and  maintain  all  neces- 
sary  roads,   rights   of    way,   and    tramways   over 
which  to  transport  gravel  or  rock  from  such  grav- 
el-bed or  quarry  to  such  city  or  town,  and  all  nec- 
essary appliances  for  that  purpose. 
Two-thirds  vote  necessary. 

Sec.  2.  No  money  shall  be  expended  or  expense 
incurred  for  any  of  the  purposes  set  forth  in  sec- 
tion one,  unless  the  same  is  authorized  at  a  regu- 
lar meeting  of  the  legislative  body  of  such  city 
or  town,  and  by  a  vote  of  two-thirds  of  the  mem- 
bers thereof. 

Sec.  3.  This  Act  shall  not  extend  or  enlarge 
any  limitation  upon  municipal  taxation  or  the  ex- 
penditure of  municipal  funds,  now  existing  by 
reason  of  state  laws  or  city  charters  m  any  of 
the  cities  or  towns  of  this  State. 

An  Act  to  provide  for  the  classification  of  munic- 
ipal corporations. 
[Approved  March  2,  1883;  1883,  24.] 


922  Municipal  Corporations. 

Classes  described. 

Section  1.  All  municipal  corporations  within  the 
State  are  hereby  classified  as  follows:  Those  hav- 
ing a  population  of  more  than  two  hundred  thou- 
sand shall  constitute  the  first  class;  those  having: 
a  population  of  more  than  thirty  thousand,  and 
not  exceeding  two  hundred  thousand,  shall  cou- 
Htitute  the  second  class;  those  having  a  population 
of  more  than  fifteen  thousand,  and  not  exceeding 
thirty  thousand,  shall  constitute  the  third  class; 
those  having  a  population  of  more  than  ten  thou- 
sand, and  not  exceeding  fifteen  thousand,  shall 
constitute  the  fourth  class;  those  having  a  popu- 
lation of  more  than  three  thousand,  and  not  ex- 
ceeding ten  thousand;  shall  constitute  the  fifth 
class;  those  having  a  population  of  not  exceeding 
three  thousand,  shall  constitute  the  sixth  class. 
[Amendment  approved  April  1,  1897;  Stats.  1897. 
chap,  cclxii.  In  effect  immediately.] 
Determination  based  on  census. 

Sec.  2.  The  census  taken  under  the  direction  of 
the  congress  of  the  United  States  in  the  year  eight- 
een hundred  and  eighty,  and  every  ten  years 
thereafter,  shall  be  the  basis  upon  which  the  re- 
spective populations  of  said  municipal  corpora- 
tions shall  be  determined,  unless  a  direct  enumer- 
ation of  the  inhabitants  thereof  be  made,  as  in 
this  act  provided,  in  which  case  such  direct  enum- 
eration shall  constitute  such  basis. 
Question  of  reorganization. 

Sec.  3.  The  Council,  Board  of  Trustees,  or  other 
legislative  l>ody  of  any  municipal  corporation,  may 
at  any  time  cause  an  enumeration  of  the  inhab- 
itants thereof  ro  be  made,  and  in  such  manner  and 
under  such  regulations  as  such  body  may,  by  ordi- 
nance, direct.  If  upon  such  enumeration  it  shall 
appear  that  such  municipal  corporation  contains 
a  .sufficient  number  of  inhaliitants  to  entitle  it  to 
reorganize  under  a  higher  or  lower  class,  the  Com- 
mon Council,  Trustees,  or  other  legislative  body, 
shall,  upon  receiving  a  petition  therefor,  signed  by 
not  less  than  one-fifth  of  the  qualified  electors 
thereof,  submit  to  the  electors  of  such  city  or 
town,  at  the  next  general  election  to  be  held 
therein,  the  question  Avhether  such  city  or  town 
shall  reorganize  under  tlie  laws  relating  to 
municipal  corporations  of  fhe  class  to  which 
sucli     city    or     town     may     belong.     And     there- 


Muuicipal  Corporatious.  923 

upon  such  proceedings  shall  be  had  and  election 
lield,  as  provided  in  tlie  general  law  for  the  reor- 
ganization, incorporation,  and  government  of  mu- 
nicipal corporations.  If  a  majority  of  the  votes 
cast  at  such  election  shall  be  in  favor  of  such  re- 
organization, thereafter  such  officers  shall  be  elect- 
ed as  are.  or  may  be,  and  at  the  time  prescribed  by 
law  for  municipal  corporations  of  the  class  having 
the  population  under  which  such  reorganization  is 
had,  and  from  and  after  the  qualification  of  such 
ofificers,  such  corporation  shall  belong  to  such  class. 
Whenever  the  result  of  such  enumeration  shall 
have  been  declared  by  the  council,  board  of  trus- 
tees, or  other  governing  body,  and  entered  in  tlie 
minutes  of  such  body,  thereupon  the  number  of 
such  inhabitants  so  ascertained  shall  be  deemed 
the  number  of  the  inhabitants  of  sucli  city  for  all 
the  purposes  of  this  act,  and  for  the  purposes  of 
legislation  affecting  municipalities.  The  clerk  of 
the  council,  board  of  trustees,  or  other  governing 
body  of  such  city  shall  cause  a  certified  copy  of 
such  minute  order  to  be  filed  with  the  board  of 
supervisors  of  the  county  wherein  such  city  is 
situated.  [Amendment  approved  March  20,  1899; 
Stats.  1899,  chap,  cii.] 


An  Act  concerning  municipal  corporations. 

[Approved  March  9,  1885;  1885,  31.] 

Validating  acts  of  municipal  corporations. 

Section  1.  All  municipal  corporations,  whose  in- 
corporation has  been  or  may  hereafter  be  au- 
thenticated by  an  order  of  any  board  of  super- 
visors in  this  state,  declaring  the  same  incorpora- 
ted as  a  municipal  corporation,  and  a  certified  copy 
of  which  order  has  been  or  may  hereafter  be  filed 
by  such  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  and  which  have  heretofore  been 
or  may  hereafter  be  organized  under  a  certificate 
from  the  secretary  of  state,  showing  such  order  to 
have  been  filed  in  his  office,  and  which  thereafter 
have  acted,  or  hereafter  may  act,  in  the  form  and 
manner  of  a  municipal  corporation,  under  the  pro- 
visions of  an  act  entitled  "An  act  to  provide  for 
the  organization,  incorporation,  and  government 
of  municipal  corporations,"  approved  March  thir- 
teenth,  eighteen    hundred    and    eighty-three,  are 


924  Municipal  Corporations. 

hereby  declared  to  be  and  to  have  been  municipal 
corporations  from  the  date  of  filing  the  certified 
copy  of  said  order  of  the  board  of  supervisors  with 
the  secretary  of  state;  and  all  the  acts  of  said 
municipal  corporations  heretofore  exercised,  or 
which  may  be  hereafter  exercised,  according  to  the 
act  aforesaid,  are  hereby  validated  and  declared 
to  be  legal. 
Sec.  2.    This  act  shall  take  effect  immediately. 

An  Act  to  promote  the  protection  of  cities,  towns, 
and  municipal  corporations  from  overflow  by 
water  and  the  drainage  of  the  same,  and  for 
such  purposes  authorizing  the  incurring  of  in- 
debtedness and  the  issuance  of  bonds  there- 
for by  the  same,  and  providing  for  the  disposi- 
tion of  the  proceeds  of  such  bonds,  and  for  the 
supervision  of  the  protective  and  other  worlds. 
[Stat,  approved  March  26,  1895.    Stats.  1895,  chap. 

cvi.] 
Tho  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  Any  city,  town,  or  municipal  corpo- 
ration incorporated  under  the  laws  of  this  State 
may,  by  procedure  hereinafter  prescribed,  incur 
indebtedness  and  liability,  although  in  excess  of 
the  income  and  revenue  by  it  provided  for  the  cur- 
rent fiscal  year,  but  not  so  that  the  aggregate 
funded  indebtedness  thereof  shall  exceed  six  per 
cent  of  the  assessed  value  of  all  the  real  and  per- 
sonal property  in  the  municipality,  for  the  purpose 
of  protecting  such  city,  town,  or  municipal  cor- 
poration from  overflow  by  water,  and  for  the  pur- 
pose of  draining  such  city,  town,  or  municipal  cor- 
poration, and  for  the  purpose  of  securing  an  out- 
let for  such  overflow  water  and  drainage,  or  for 
any  part  of  said  purposes,  whether  by  means  of 
canals,  ditches,  levees,  dilces,  embankments,  dams, 
and  machinery  and  other  like  appropriate  or  ancil- 
lary means  or  works,  or  any  of  the  same,  whether 
situated  within  or  without  the  territorial  limits  of 
such  city,  town,  or  municipal  corporation. 

Sec.  2.  The  procedure  mentioned  in  section  one 
aforesaid  shall  be  as  follows,  to  wit:  The  City 
Council  or  legislative  body  of  such  city,  town, 
or  municipal  corporation  shall,  first,  have  made  by 
some   competent   person  general   plans   and   esti- 


Municipal  Corporations.  925 

mates  of  tlie  cost  of  such  canals,  ditches,  levees, 
dikes,  embanlvments,  dams,  machinery,  and  other 
means  or  worlj:s  as  may  be  contemplated,  which 
general  plans  and  estimates  shall,  after  adoption, 
be  filed  in  the  office  of  the  Clerk  of  such  munici- 
pality, and  which  general  plans  shall  be  substan- 
tially adhered  to  thereafter  in  proceedings  under 
this  Act.  Said  City  Council  or  legislative  body 
shall,  secondly,  after  the  filing  of  such  general 
plans  and  estimates,  and  by  resolution  or  ordi- 
nance passed  at  a  regular  meeting  by  a  vote  of  two 
thirds  of  all  its  members  and  approved  by  the  ex- 
ecutive of  the  municipality,  determine,  if  so  ad- 
vised, that  the  public  good  demands  the  construc- 
tion, acquisition,  and  completion,  or  either,  of 
canals,  ditches,  levees,  dikes,  embankments,  dams, 
machinery,  and  other  like  appropriate  or  ancillary 
means,  or  works,  or  any  of  the  same,  for  any  or 
all  of  the  purposes  mentioned  in  section  one  afore- 
said; and  shall  further,  by  the  same  resolution  or 
ordinance,  determine,  if  so  advised,  that  the  cost 
of  the  same  will  be  too  great  to  be  paid  out  of  the 
ordinary  income  or  revenue  of  the  municipality; 
and  such  resolution  or  ordinance,  shall,  after  its 
passage  and  approval,  be  published  as  hereinafter 
prescribed.  Said  City  Council  or  legislative  body 
shall,  within  one  month  after  the  publication  afore- 
said, and  by  resolution  or  ordinance  passed  at  a 
regular  meeting  by  a  vote  of  two-thirds  of  all  its 
members,  and  approved  by  the  executive  of  the 
municipality,  call  a  special  election,  and  submit  to 
the  qualified  voters  of  such  city,  town,  or  municipal 
corporation  the  proposition  to  incur  a  debt  for  any 
or  all  of  the  purposes  mentioned  in  section  one 
aforesaid,  and  which  have  been  as  aforesaid  de- 
termined to  be  demanded  for  the  public  good. 
The  resolution  or  ordinance  calling  such  special 
election  shall  specify  the  purpose  for  which  the 
indebtedness  is  proposed  to  be  incurred,  the  esti- 
mated cost  of  the  things  proposed,  that  bonds  of 
the  municipality  will  issue  in  the  amount  of  such 
estimated  cost,  the  number  and  character  of  such 
bonds,  the  rate  of  interest  to  be  paid,  and  the 
amount  of  the  tax  levy  for  each  year  during  the 
outstanding  of  such  bonds  to  be  made  for  their 
payment.  Such  last-named  resolution  or  ordinance 
shall  be  published  as  hereinafter  prescribed.  Such 
Gen.  Laws— 7S 


920  Municipal  Corporations. 

City  Council  or  iesislative  body  shall  cause  to  be 
published,  after  the  publication  last  named  and 
prior  to  the  day  of  holding  such  special  election, 
a  notice  of  the  same,  which  notice  shall  set  forth 
substantially  all  the  matters  contained  in  the 
aforesaid  resolution  or  ordinance  calling  such  spe- 
cial election. 

Sec.  8.  Every  publication  hereinbefore  men- 
tioned or  required  shall  be  in  some  newspaper  pub- 
lished in  such  city,  town,  or  municipal  corporation; 
if  in  a  daily  paper  in  at  least  ten  issues  thereof, 
and  if  in  a  weekly  paper  in  at  least  two  issues 
thereof:  and  no  publication  shall  be  deemed  to 
have  begun  until  any  one  required  preceding  the 
same  shall  have  been  completed. 

Sec.  4.  Such  special  elections  shall  be  held  in 
the  manner  provided  by  law  for  holding  elections 
in  such  city,  town,  or  municipal  corporation. 

Sec.  5.  Tt  shall  require  the  votes  of  two-thirds 
of  all  the  voters  voting  at  such  special  election  to 
authorize  the  incurring  of  any  indebtedness  or  the 
issuance  of  any  bonds  under  this  Act.  If  two- 
thirds  of  all  the  votes  cast  at  such  special  elec- 
tion be  in  favor  of  the  proposition  submitted,  the 
City  Council  or  legislative  body  may,  by  ordinance 
reciting  the  result  of  said  election,  provide  for  the 
issuance  of  the  proposed  bonds  and  any  matter 
incidental  thereto. 

Sec.  (^.  All  municipal  bonds  issued  under  this 
Act  shall  be  of  the  kind  known  as  serials,  and  of 
such  denominations  as  the  City  Council  or  legis- 
lative body  may  determine;  provided,  that  no  bond 
shall  be  for  less  than  one  hundred  dollars  nor  for 
more  than  one  thousand  dollars,  and  that  not  less 
than  one-fortieth  part  of  the  whole  indebtedness 
evidenced  by  the  whole  of  the  issue  of  such  bonds 
shall  be,  by  the  terms  of  such  bonds,  made  pay- 
able each  and  every  year.  Each  bond  shall  be 
made  payable  either  in  gold  coin  or  other  lawful 
money  of  the  United  States  as  may  be  expressed 
in  such  bond,  on  a  day  and  at  a.  place  designated 
therein,  with  interest  at  the  rate  specified  therein, 
which  rate  shall  not  exceed  seven  per  cent  per 
annum,  to  1m^  fixen  by  such  City  (  i  imcil  or  legis- 
lative body.  Said  place  of  payment  shall  be  either 
at  the  office  of  the  Treasurer  of  the  municipality, 
or  at  some  designated  bank  in  San  Francisco,  Chi- 
cago, or  New  York.    Said  bonds  shall  be  executed 


Municipal  Corporations.  927 

on  the  part  of  such  municipality  by  the  Mayor  or 
other  executive  thereof,  and  by  the  Treasurer 
thereof,  and  countersigned  by  the  Cleric  of  the  mu- 
nicipality. The  interest  coupons  shall  be  numbered 
consecutively  and  signed  by  the  Treasurer. 

Sec.  7.  Any  of  such  bonds  may  be  issued  by  the 
City  Council  or  legislative  body  of  such  city, 
town,  or  municipal  corporation,  and  by  the  same 
sold,  at  not  less  than  their  face  value;  and  the  pro- 
ceeds of  such  sale  shall  be  deposited  in  the  munici- 
pal treasury  to  the  credit  of  a  designated  fund  and 
be  applied  exclusively  to  the  purposes  and  objects 
for  which,  as  aforesaid,  the  electors  have  voted  to 
incur  indebtedness  or  liability,  until  such  purposes 
and  objects  shall  have  been  accomplished,  after 
which,  the  surplus,  if  any,  may  be  transferred  to 
the  General  Fund  of  the  municipality. 

Sec.  8.  Such  City  Council  or  legislative  body 
shall,  at  the  time  of  fixing  the  general  tax  levy, 
and  in  the  manner  for  such  general  tax  levy  pro- 
vided, levy  and  collect  annually,  each  year,  for 
the  term  of  forty  years,  a  tax  sufficient  to  pay  the 
annual  interest  on  such  bonds  and  also  one-forti- 
eth part  of  the  aggregate  amount  of  such  indebted 
ness  so  incurred.  The  taxes  herein  required  to  be 
levied  and  collected  shall  be  in  addition  to  all 
other  taxes  levied  for  municipal  purposes,  and  shall 
be  collected  at  the  same  time  and  in  the  same  man- 
ner as  other  municipal  taxes  are  collected. 

Sec.  9.  The  City  Council  or  legislative  body  of 
every  city,  town,  or  municipal  corporation  where- 
in or  for  which  any  public  worlds  or  improvements 
are  being  had  or  constructed  for  the  purposes  here- 
inbefore specified,  and  for  which  indebtedness  has 
been  incurred  under  the  provisions  of  this  Act, 
shall  have  power  to  make  all  needful  rules  and  reg- 
ulations for  acquisition,  construction,  and  comple- 
tion of  such  works  and  improvements;  to  appoint 
all  needful  agents,  superintendents,  and  engineers 
to  supervise  and  construct  the  same,  and  shall 
have  power  in  all  lawful  ways  to  protect  and  pre- 
serve the  rights  and  interests  of  the  municipality 
in  respect  thereof. 

Sec.  10.  All  contracts  as  to  said  works  and  ini- 
provements  shall  be  let,  in  such  parcels  as  the 
City  Council  or  legislative  body  may  determine, 
to  the  lowest  responsible  bidder,  after  notice  given 
for  at  least    ten    days    by    publication  in  one  or 


928  Municipal  Coi-porations. 

more  newspapers  published  in  the  municipality, 
inviting  sealed  proposals.  Security  or  bonds  may 
be  required  in  order  to  guarantee  good  faith  in 
bidding  and  in  the  performance  of  contracts,  or 
pitlier,  in  such  amount  as  such  Council  or  legisla- 
tive body  may  determine,  and  such  Council  or 
legislative  body  may  reject  any  or  all  bids. 

Sec.  11.  The  City  Council  or  legislative  body  of 
the  municipality  may,  by  resolution,  if  it  deem 
the  same  necessary,  require  the  Treasurer  of  the 
municipality  to  give  additional  bonds  for  the  safe 
custody  and  care  of  public  funds  derived  under 
this  Act. 

Sec.  12.  The  provisions  of  this  Act  are  intended 
to  be  paramount  and  controlling  as  to  all  matters 
provided  for  therein  and  as  to  all  questions  aris- 
ing in  or  out  of  procedure  thereunder. 

Sec.  13.  This  Act  shall  talie  effect  from  and  af- 
ter the  time  of  its  passage. 

An  Act  to  provide  for  changing  the  boundaries 
of  cities  and  municipal  corporations,  and  to  ex- 
clude territory  therefrom. 

[Approved  March  19,  1889;  1889,  356.] 
Municipal  boundaries— How  changed. 

Section  1.  The  boundaries  of  any  city  or  muni- 
cipal corporation  may  be  altered  and  territory  ex- 
cluded therefrom  after  proceedings  had  as  requir- 
ed in  this  section.  The  council,  board  of  trustees, 
or  other  legislative  body  of  such  corporation  shall, 
upon  receiving  a  petition  therefor,  signed  by  not 
less  than  one-fifth  of  the  qualified  electors  there- 
of, as  shown  by  the  vote  cast  at  the  last  munici- 
pal election  held  therein,  submit  to  the  electors  of 
such  corporation  the  question  whether  such  terri- 
tory as  is  proposed  by  such  petition  shall  be  ex- 
cluded from,  such  municipal  corporation,  and  cease 
to  be  a  part  thereof.  Such  question  shall  be  sub- 
mitted at  a  special  election  to  be  held  for  that  pur- 
pose, and  such  legislative  body  shall  give  notice 
thereof  by  publication  in  a  newspaper  printed  and 
published  in  such  corporation,  or  if  there  is  no 
newspaper  published  in  said  corporation,  then  in 
&t>me  newspaper  published  in  the  county  in  which 
said  corporation  is  situated,  for  a  period  of  four 
weelis  prior  to  such  election.  Such  notice  shall 
distinctly  state  the  proposition  to  be  so  submitted, 
nnd  shall  designate  specifically  the  boundaries  of 


Municipal  Corporations.  ^'c^ 

the  territory  so  proposed  to  be  excluded,  and  the 
electors  shall  be  invited  thereby  to  vote  upon 
such  proposition  by  placing  upon  their  ballots 
the  words.  "For  exclusion,"  or  "Against  exclu- 
sion," or  words  equivalent  thereto.  Such  legis- 
lative body  shall  also  designate  the  place 
or  places  at  which  the  polls  will  be  opened 
in  such  territory  so  proposed  to  be  excluded, 
which  place  or  places  shall  be  that  or  those 
usually  used  for  that  purpose  within  such  terri- 
tory, if  any  such  there  be,  and  for  the  purposes 
of  this  act.  the  qualified  electors  residing  in  the 
territory  proposed  to  be  excluded  shall  be  entitled 
to  vote  at  the  polls  in  such  territory,  and  not  else- 
where. Such  legislative  body  shall  also  appoint 
and  designate  in  such  notice  the  names  of  the  of- 
ficers of  election.  Such  legislative  body  shall  meet 
on  the  Monday  next  succeeding  the  day  of  such 
election,  and  proceed  to  canvass  the  votes  cast 
thereat.  The  votes  cast  in  such  territory  so  pro- 
posed to  be  excluded  shall  be  canvassed  separate- 
ly, and  if  it  shall  appear  on  such  canvass  that  a 
majority  of  all  the  votes  cast  in  such  territory 
and  a  majority  of  all  the  votes  in  such  corporation 
shall  be  for  exclusion,  such  legislative  body  shall, 
by  an  order  entered  upon  their  minutes,  cause  their 
clerk,  or  other  officer  performing  the  duties  of 
clerk,  to  make  and  transmit  to  the  secretary  of 
state  a  certified  abstract  of  such  vote,  which  ab- 
stract shall  show  the  whole  number  of  electors  vot- 
ing in  such  territory,  the  whole  number  of  electors 
voting  in  such  corporation,  exclusive  of  such  ter- 
ritory, the  number  of  votes  cast  in  each  for  exclu- 
sion, and  the  whole  number  of  votes  cast  in  each 
against  exclusion.  From  and  after  the  date  of  fil- 
ing such  abstract,  such  exclusion  of  such  territory 
from  such  municipal  corporation  shall  be  deemed 
complete,  and  thereafter  such  territory  shall  cease 
to  be  a  part  of  such  municipal  corporation;  pro- 
vided, that  nothing  contained  in  this  act  shall  be 
held  to  relieve,  in  any  manner  whatsoever,  any 
part  of  such  territory  from  any  liability  for  any 
debt  contracted  by  such  municipal  corporation 
prior  to  such  exclusion;  and  provided  further,  that 
such  municipal  corporation  is  hereby  authorized 
to  levy  and  collect  from  any  territory  so  excluded, 
from  time  to  time,  such  sums  of  money  as  shall 
be  found  due  from  it  on  account  of  its  just  pro- 


930  Municipal  Corporations. 

portion  of  liability  for  any  payment  on  the  princi- 
pal or  interest  of  such  debts;  such  assessment  and 
collection  shall  be  made  in  the  same  manner  and 
at  the  same  time  that  such  assessment  and  collec- 
tion is  levied  and  made  upon  the  property  of  such 
municipal  corporation  for  any  payment  on  account 
of  such  debts;  and  provided  further,  that  any  such 
territory  so  excluded  from  any  municipal  corpora- 
tion may  at  any  time  tender  to  the  legislative  body 
of  such  municipal  corporation  the  amount  for 
which  such  territory  is  liable  on  account  of  such 
debts,  and,  after  such  tender  is  made,  sucli.  author- 
ity as  is  herein  given  municipal  corporations  to 
levy  and  assess  taxes  on  such  excluded  territory 
shall  cease. 
Rejection  of  application. 

Sec.  2.  Whenever  any  application  for  expulsion 
or  separation  of  territory  shall  be  made,  and  pro- 
ceedings thereon  be  had  pursuant  to  the  provisions 
of  this  act,  and  separation  or  exclusion  shall  be  de- 
nied, refused,  or  rejected,  then  and  in  such  event, 
if  any  person  or  persons,  or  corporation,  previous 
to  such  application,  and  believing  the  same  to  be 
separate  and  distinct  from  the  city  or  municipality 
where  such  application  is  made,  shall  have  paid, 
laid  out,  or  expended  moneys  in  the  construction 
and  establishment  of  sewers,  streets,  or  parks,  or 
either  of  them,  within  the  territory  which  applied 
for  separation  or  exclusion,  such  person,  persons, 
or  corporation  shall  be  entitled,  immediately  after 
such  denial,  refusal,  or  rejection,  to  maintain  an 
action  of  an  equitable  nature  in  the  superior  court 
in  the  county  where  such  application  was  made, 
against  the  city  or  municipality  where  such  ap- 
plication was  made,  to  recover  against  such  city  or 
municipality,  the  value  of  such  improvements  and 
expenses  so  incurred  to  be  determined  by  three  ref- 
erees, to  be  appointed  by  said  court,  and  a  judg- 
ment entered  for  the  amount  thereof  against  such 
city  or  municipality  in  favor  of  the  person,  per- 
sons, or  corporation  entitled  to  maintain  such  ac- 
tion hereunder. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Muuicipal  Corporations.  iJ3l 


An  Act  to  provide  for  the  alteration  of  the  boun- 
daries of  and  for  the  annexation  of  territory 
to  incorporated  towns  and  cities,  and  for  the 
incorporation  of  snch  annexed  territory  in  and 
as  a  part  of  such  municipalities,  and  for  the 
districting,  government,  and  municipal  control 
of  annexed  territory. 

[Approved  March  19,  1889;  1889,  358.] 

Alteration  of  boundaries  of  incorporated  towns  or 
cities. 
Section  1.  The  boundaries  of  any  incorporated 
town  or  city,  whether  heretofore  or  hereafter 
formed,  incorporated,  reincorporated,  organized,  or 
reorganized,  may  be  altered,  and  new  territory  an- 
nexed thereto,  incorporated  and  included  therein, 
and  made  a  part  thereof,  upon  proceedings  being 
had  and  taken  as  in  this  act  provided.  The  coun. 
cil,  board  of  trustees,  or  other  legislative  body  of 
any  such  municipal  corporation,  upon  receiving  a 
written  petition  therefor  containing  a  description 
of  the  new  territory  asked  to  be  annexed  to  such 
corporation,  and  signed  by  not  less  than  one-fifth 
in  number  of  the  qualified  electors  of  such  munic- 
ipal corporation,  computed  upon  the  number  of 
votes  cast  at  the  last  general  municipal  election 
held  therein,  must,  without  delay,  submit  to  the 
electors  of  such  municipal  corporation,  and  to  the 
electors  residing  in  the  territory  proposed  by  such 
petition  to  be  annexed  to  such  corporation,  the 
question  whether  such  new  territory  shall  be  an- 
nexed to,  incorporated  in,  and  made  a  part  of  such 
mvmicipal  corporation.  Such  question  shall  be 
submitted  at  a  special  election  to  be  held  for  that 
purpose,  and  no  other:  and  such  legislative  body 
is  hereby  empowered  to,  and  it  shall  be  its  duty 
to,  cause  notice  to  be  given  of  such  election  by  the 
publication  of  a  notice  thereof  in  a  newspaper 
printed  and  published  in  such  municipal  corpora- 
tion, .ind'also  in  a  newspaper,  if  any  such  there 
be,  printed  and  published  outside  of  such  corpora- 
tion, but  in  the  county  in  which  the  territory  so 
proposed  to  be  annexed  is  situated,  in  each  case  at 
least  once  a  week  for  a  period  of  four  successive 
weeks  next  preceding  the  date  of  such  election. 


932  Municipal  Coi-porations. 

Such  notice  shall  distinctly  state  the  proposition  to 
be  submitted,  i.  e.,  that  it  is  proposed  to  annex  to, 
incorporate  in,  and  make  a  part  of  such  municipal 
corporation  the  territory  sought  to  be  annexed, 
specifically  describing  the  boundaries  thereof;  and 
in  said  notice  the  qualified  electors  of  said  munici- 
pal corporation,  and  the  qualified  electors  residinsr 
in  said  territory  so  proposed  to  be  annexed,  shall 
be  invited  to  vote  upon  such  proposition  by  plac- 
ing upon  their  ballots  the  words  "For  annexation" 
or  "Against  annexation,"  or  words  equivalent 
thereto.  Such  legislative  body  is  hereby  empow- 
ered, and  it  shall  be  its  duty,  to  establish,  and  in 
such  notice  of  election  designate  the  voting  pre- 
cinct or  precincts,  and  the  place  or  places  at  which 
the  polls  will  be  opened  in  such  territory  so  pro- 
posed to  be  annexed,  and  also  in  such  municipal 
co'ii3oration.  And  sucli  place  or  places  shall  be  that 
or  those  commonly  used  as  voting-places  within 
such  municipal  corporation,  and  also  that  or  those 
commonly  used  within  such  new  territory,  if  any 
such  there  be.  Such  legislative  body  is  empower- 
ed to,  and  it  shall,  appoint  the  officers  of  such  elec- 
tion, who  shall  be,  for  each  voting-place  in  such 
municipal  corporation,  and  for  such  voting-place 
in  said  new  territory,  two  judges  and  one  inspec- 
tor, each  of  whom  shall  be  a  qualified  elector  of 
the  voting  precinct  in  which  he  is  appointed  to  act 
as  an  officer  of  such  election.  The  ballots  used  at 
such  election,  the  opening  and  closing  of  the  polls, 
and  the  holding  and  conducting  of  such  election, 
shall  be  in  conformity,  as  far  as  may  be,  with  the 
general  laws  of  this  state  concerning  elections; 
and  the  judges  and  inspectors  of  such  election  shall 
immediately  on  the  closing  of  the  polls,  count  the 
ballots,  make  up  and  certify  the  tally-sheets  of  the 
ballots  cast  at  their  respective  polling-places,  seal, 
and  then  immediately  return  the  same  as  below 
provided,  doing  so,  as  nearly  as  practicable,  in  the 
manner  provided  in  the  election  laws  of  this  state; 
but  the  ballots,  tally-sheets,  and  returns  shall  be 
so  returned  to  and  deposited  with  the  clerk  of  such 
legislative  body.  Such  legislative  body  shall,  at 
the  time  provided  for  its  regular  meeting  next 
after  the  expiration  of  three  days  from  and  after 
the  date  of  said  election,  meet  and  proceed  to  open 
and  canvass  said  ballots,  tally-sheets,  and  returns; 


Municipal  Corporations.  933 

and  such  canvass  shall  be  completed  at  such  meet- 
ing, if  practicable,  and  in  any  event,  as  soon  as 
practicable,  avoiding  adjournment  or  adjourn- 
ments, if  possible,  until  said  canvass  is  completed. 
Such  canvass  by  such  legislative  body  shall  be  con- 
ducted and  completed  as  follows:  The  ballots  cast 
in  such  outside  territory  so  proposed  to  be  annex- 
ed, together  with  the  tally-sheets  and  returns  be- 
longing therewith,  shall  be  canvassed  separately; 
and  the  ballots  cast  inside  of  said  municipal  corpo- 
ration, together  with  their  tally-sheets  and  re- 
turns, shall  be  canvassed  separately.  Immediately 
upon  the  completion  of  such  canvass  said  legisla- 
tive body  shall  cause  a  record  thereof  to  be  made 
and  entered  upon  its  minutes,  showing  the  whole 
number  of  ballots  cast  in  such  outside  territory, 
the  whole  number  of  ballots  cast  in  such  munici- 
pal corporation,  the  number  thereof  cast  in  each 
in  favor  of  annexation,  and  the  number  thereof 
cast  in  each  against  annexation;  and  if  it  shall 
appear  from  such  canvass  that  a  majority  of  all 
the  ballots  cast  in  such  outside  territory,  and  a 
majority  of  all  the  ballots  cast  inside  of  said  mu- 
nicipal corporation,  are  in  favor  of  annexation,  the 
clerk,  or  other  officer  performing  the  duties  of 
clerlv,  of  such  legislative  body,  shall  promptly  make 
and  certify,  under  the  seal  of  said  municipal  cor- 
poration, and  transmit  to  the  secretary  of  state, 
a  copy  of  said  record  so  entered  upon  said  minutes, 
together  with  a  statement  showing  the  date  of 
said  election  and  the  time  and  result  of  said  can- 
vass, which  document  shall  be  filed  by  the  secre- 
tary of  state  immediately  upon  the  receipt  thereof. 
From  and  after  the  date  of  the  filing  of  said  docu- 
ment in  the  office  of  the  secretary  of  state,  the  an- 
nexation of  such  territory  so  proposed  to  be  an- 
nexed shall  be  deemed  and  shall  be  complete,  and 
thenceforth  such  annexed  territory  shall  be,  to  all 
intents  and  purposes,  a  part  of  such  municipal  cor- 
poration, except  only  that  no  property  within  such 
annexed  territory  shall  ever  be  taxed  to  pay  any 
portion  of  any  indebtedness  or  liability  of  such 
municipal  corporation  contracted  prior  to  or  ex- 
isting at  the  time  of  such  annexation.  No  terri- 
tory which,  at  the  time  such  petition  for  such  pro- 
posed annexation  is  presented  to  such  legislative 
body,   forms  any  part  of  any  incorporated  town 


934  Municipal  Corporations. 

or  city,  shall  be  annexed  under  the  provisions  of 

this  act. 

Altering  boundaries  of  wards. 

Sec.  2.  The  legislative  body  of  any  incorporat- 
ed town  or  city  which  is  or  shall  be  divided  into 
wards,  and  to  which  territory  has  been  heretofore 
or  shall  be  hereafter  annexed,  must  by  ordinance 
either  so  alter  the  boundaries  of  the  wards  of  such 
municipal  corporation  as  to  include  such  annexed 
territory  in  one  or  more  wards  adjoining  such  an- 
nexed territory,  or  make  of  such  annexed  terri- 
tory one  or  more  additional  wards;  provided,  that 
the  number  of  wards  shall  not  be  so  increased  as  to 
exceed  the  number  which  such  municipal  corpora- 
boundaries  of  wards,  or  creating  new  wards,  re- 
gard must  be  had  to  the  number  of  inhabitants, 
so  that  each  ward  shall  contain,  as  near  as  may 
be,  an  equal  number  of  inhabitants,  exclusive  of 
persons  incapable  of  citizenship  in  this  state. 

Sec.  3.    Nothing  in  this  act  provided  for  shall 
alter  or  affect  the  boundaries  of  any  senatorial  or 
assembly  district. 
Expenses,  how,  paid. 

Sec.  4.  All  proper  expenses  of  proceedings  for 
annexation  of  territory  under  this  act.  whether 
such  annexation  shall  be  made  and  completed  or 
not,  shall  be  paid  by  the  municipal  corporation  so 
annexing  or  attempting  to  annex  such  territory. 

Sec.  5.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  approval. 


There  was  also  passed  at  the  same  session  the 
following  act:— 

An  act  to  provide  for  changing  the  boundaries  of 
cities  and  municipal  corporations,  and  to  ex- 
clude territory  therefrom. 

[Approved  March  20,  1889;  1889,  433.] 

Exclusion   of  territory   and   changing  boundaries 
of  municipal  corporations. 
Sec.  1.    The  boundaries  of  any  city  or  munici- 
pal corporation  may  be  altered,  and  territory  ex- 
cluded  therefrom,    after    proceeding   had,   as  re- 


Municipal  Corporations.  935 

quired  in  tliis  section.  The  council,  board  of 
trustees,  or  other  legislative  body  of  such  corpora- 
tion, shall,  upon  receiving  a  petition  therefor, 
signed  hy  not  less  than  one  fifth  of  the  qualified 
electors  thereof,  as  shown  by  the  vote  cast  at  the 
last  municipal  election  held  therein,  submit  to  the 
electors  of  such  corporation  the  question  whether 
such  territory  as  is  proposed  by  such  petition 
shall  be  excluded  from  such  municipal  corpora- 
tion and  cease  to  be  a  part  thereof.  Such  ques- 
tion shall  be  submitted  at  a  special  election  to  be 
held  for  that  purpose,  and  such  legislative  body 
shall  give  notice  thereof  by  publication  in  a  news- 
paper printed  and  published  in  such  corporation 
for  a  period  of  four  weeks  prior  to  such  election. 
Such  notice  shall  distinctly  state  the  proposition 
to  be  so  submitted,  and  shall  designate  specifi- 
cally the  boundaries  of  the  territory  so  proposed 
to  be  excluded.  And  the  electors  shall  be  invited 
thereby  to  vote  upon  such  proposition  by  placing 
upon  their  ballots  the  words  "For  exclusion"  or 
"Against  exclusion,"  or  words  equivalent  thereto; 
such  legislative  body  shall  also  designate  the 
place  or  places  at  which  the  polls  will  be  opened 
in  such  territory  so  proposed  to  be  excluded, 
which  place  or  places  shall  be  that  or  those  usual- 
ly used  for  that  purpose  within  such  territory,  if 
any  such  there  be,  and  for  the  purposes  of  this 
act,  the  qualified  electors  residing  in  the  terri- 
tory proposed  to  be  excluded  shall  be  entitled  to 
vote  at  the  polls  in  such  territory,  and  not  else- 
where. Such  legislative  body  shall  also  appoint 
and  designate  in  such  notice  the  names  of  the 
officers  of  election.  Such  legislative  body  shall 
meet  on  the  Monday  next  succeeding  the  day  of 
such  election,  and  proceed  to  canvass  the  votes 
cast  thereat.  The  votes  cast  in  each  territory  so 
proposed  to  be  excluded  shall  be  canvassed  sep- 
arately, and  if  it  shall  appear  on  such  canvass 
that  a  majority  of  all  the  votes  cast  in  such  terri- 
tory, and  a  majority  of  all  the  votes  in  such  cor- 
poration, sliall  be  for  exclusion,  such  legislative 
body  shall,  by  an  order  entered  upon  their  min- 
utes, cause  their  clerk,  or  other  officer  performing 
the  duties  of  clerk,  to  make  and  transmit  to  the 
secretary  of  state  a  certified  abstract  of  such 
vote,  which  abstract  shall  show  the  whole  number 


93G  Municipal  Corporations. 

of  electors  voting  in  such  territory,  the  whole 
number  of  electors  voting  in  such  corporation  ex- 
clusive of  such  territory,  the  number  of  votes  cast 
in  each  for  exclusion,  and  the  whole  number  of 
votes  cast  in  each  against  exclusion.  From  and 
after  the  date  of  filing  such  abstract,  such  exclu- 
sion of  such  territory  from  such  municipal  cor- 
poration shall  be  deemed  complete,  and  thereafter 
such  territory  shall  cease  to  be  a  part  of  such 
municipal  corporation;  provided,  that  nothing 
contained  in  this  act  shall  be  held  to  relieve  in 
any  manner  whatsoever  any  part  of  such  terri- 
tory from  any  liability  for  any  debt  contracted  by 
such  municipal  corporation  prior  to  such  exclu- 
sion: and  provided  further,  that  such  municipal 
corporation  is  hereby  authorized  to  levy  and  col- 
lect from  any  territory  so  excluded,  from  time  to 
time,  such  sums  of  money  as  shall  be  found  due 
from  it  on  account  of  its  just  proportion  of  lia- 
bility for  any  payment  on  the  principal  or  interest 
of  such  debts.  Such  assessment  and  collection 
shall  be  made  in  the  same  manner  and  at  the 
same  time  that  such  assessment  and  collection  is 
levied  and  made  upon  the  property  of  such  muni- 
cipal corporation  for  any  payment  on  account  of 
such  debts;  and  provided  further,  that  any  such 
territory  so  excluded  from  any  municipal  corpora- 
tion may  at  any  time  tender  to  the  legislative 
body  of  such  municipal  corporation  the  amount 
for  which  such  territory  is  liable  on  account  of 
such  debts,  and  after  such  tender  is  made,  such 
authority  as  is  herein  given  municipal  corporations 
to  levy  and  assess  taxes  on  such  excluded  territory 
shall  cease. 

Sec.  2.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


An  act  providing  for  the  adjustment,  settlement, 
and  payment  of  any  indebtedness  existing 
against  any  city  or  municipal  corporation  at 
the  time  of  exclusion  of  territory  therefrom, 
and  the  division  of  the  property  thereof. 

[Approved  March  25,  1893;  Stats.  1893,  p.  536.] 

Sec.  1.  That   where  any  territory   has  been   or 
shall  be  excluded  from  any  city  or  municipal  cor- 


Municipal  Corporations  937 

poration,  the  superior  court  of  the  county  in  whicli 
such  city  or  municipal  corporation  is  situate  shall, 
upon  a  verified  petition  of  any  ten  tax-payers  re- 
siding in  such  city  or  municipal  corporation,  or  in 
the  territory  excluded,  made  for  the  purpose  of  ad- 
justing the  amount  of  the  indebtedness  of  such 
city  or  municipal  corporation  existing  at  the  time 
of  the  exclusion  of  such  territory  due  from  the 
excluded  territory,  and  stating  the  facts  of  such 
exclusion  and  the  amount  of  such  indebtedness, 
cause  notice  to  be  given  by  publication  thereof  in 
a  newspaper  published  in  such  city  or  municipal 
corporation,  or  in  a  newspaper  published  in  the 
county  in  which  such  city  or  municipal  corpora- 
tion is  situated,  for  ten  days,  stating  the  substance 
of  such  petition,  and  the  time  and  place  that  the 
same  shall  be  heard  by  said  superior  court,  which 
time  of  hearing  shall  be  at  least  fifteen  days  after 
the  filing  of  such  petition,  or  at  any  time  there- 
after to  which  such  hearing  may  be  continued  by 
the  court. 

Any  person,  corporation,  or  tax-payer  interested 
in  such  city  or  municipal  corporation,  or  in  such 
excluded  territory,  or  in  the  adjustment  and  set- 
tlement of  such  indebtedness,  may  demur  to  or 
answer  said  petition.  The  rules  of  pleading  and 
practice  provided  by  the  Code  of  Civil  Procedure 
which  are  not  in  conflict  with  the  provisions  of 
this  act,  are  hereby  made  applicable  to  the  special 
proceedings  herein  provided  for.  The  persons  so 
demurring  or  answering  said  petition  shall  be  the 
defendants  to  said  special  proceedings,  and  the 
signers  of  the  petition  shall  be  the  plaintiffs. 

tJpon  the  hearing  of  such  special  proceedings, 
tlie  court  shall  have  power  to  determine  the 
amount  due  from  such  excluded  territory  to  the 
city  or  municipal  corporation  from  which  it  was 
excluded  as  its  proportion  of  the  indebtedness  of 
such  city  or  municipal  corporation  existing  at  the 
time  such  territory  was  excluded.  In  fixing  the 
amount  due  from  such  excluded  territory,  the  said 
court  must  ascertain  and  find  the  purposes  for 
which  the  said  indebtedness  was  created;  the  man- 
ner and  place  in  which  the  proceeds  of  said  in- 
debtedness were  expended;  the  value  of  the  prop- 
erty belonging  to  the  said  city  or  municipal  cor- 
poration at  the  time  of  such  exclusion;  the  as- 
Gen.  Laws— 79. 


938  Municipal  Corporations 

sessed  value  of  the  property  situate  in  said  city  or 
municipal  corporation  at  the  time  the  city  assess- 
ment was  made  immediately  preceding  such  ex- 
clusion, and  the  assessed  value  of  the  excluded  ter- 
ritory as  sho^Yn  by  such  city  assessment.  If  the 
value  of  the  property  belonging  to  said  city  or 
municipal  corporation,  and  which  remains  within 
the  boundaries  thereof  after  such  exclusion, 
should  exceed  the  value  of  city  or  municipal  prop- 
erty situated  in  such  excluded  territory,  and  also 
exceed  the  pro  rata  portion  of  the  indebtedness  ol 
the  city  or  municipal  corporation  due  from  such 
excluded  territory  as  shown  by  said  assessment, 
the  court  shall  find  and  adjudge  that  there  is 
nothing  due  from  such  excluded  territory.  After 
such  finding  is  made,  and  judgment  rendered  by 
the  court,  such  excluded  territory  shall  not  be  sub- 
ject to  the  payment  of  any  such  indebtedness,  and 
all  property  belonging  to  such  city  or  municipal 
corporation  remaining  within  its  boundaries  shall 
belong  exclusively  to  it. 

If  the  courttinds,  after  deducting  the  value  of  the 
city  or  municipal  property  from  the  value  of  that 
in  the  excluded  territory,  and  the  pro  rata  portion 
of  the  indebtedness  to  be  borne  by  such  excluded 
territory,  a  balance  due  from  such  excluded  terri- 
tory, it  shall  render  judgment  accordingly,  and 
the  amount  of  such  judgment  shall  be  collected 
and  paid  in  the  same  manner  and  at  the  same 
time  that  the  assessment  is  levied  for,  and  the  col- 
lection of  the  annual  municipal  taxes  is  made  up- 
on the  property  remaining  in  such  city  or  munici- 
pal corporation  for  any  payment  on  account  of 
such  indebtedness;  provided,  however,  that  any 
such  territory  excluded  from  any  city  or  munici- 
pal corporation  may,  at  any  time,  tender  to  the  leg- 
islative body  of  such  city  or  municipal  corpora- 
tion the  amount  for  which  such  excluded  territory 
is  liable  on  account  of  such  indebtedness,  and  al- 
ter such  tender  is  made  the  authority  of  such 
city  or  municipal  corporation  to  levy  and  assess 
taxes  on  such  excluded  territory  shall  forever 
cease. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Municipal  Corporations.  939 

Consult  also: 
An    Act    to    provide    for    the    alteration    of    the 
boundaries  of  incorporated   towns   and   cities 
bj^    the    annexation    of    uninhabited    territory 
thereto. 

[Stats.  1899,  chap.  41.] 

An  Act  to  enable  the  board  of  supervisors,  town 
council,  board  of  aldermen,  or  other  legisla- 
tive body  of  any  city  and  county,  city,  or  town, 
to  obtain  data  and  information,  from  any  cor- 
poration, company,  or  person  supplying  water 
to  such  city  and  county,  city,  or  town,  requir- 
ing such  boards,  town  council,  or  other  legis- 
lative body  to  perform  the  duties  prescribed  by 
section  one  of  article  fourteen  of  the  consti- 
tution, and  prescribing  penalties  for  the  non- 
performance of  such  duties. 
[Approved  March  7,  1881;  Stats.  1881,  p.  54.] 
See  this  act,  post,  title,  Water  Companies. 

An  Act  authorizing  municipalities  of  less  than  the 
first  class  to  obtain,  by  purchase,  donation,  or 
devise,  lands  for  cemetery  purposes;  and  au- 
thorizing the  board  of  trustees  of  said  munici- 
palities to  make  all  necessary  rules  and  regu- 
lations for  the  government  and  disposition  of 
the  same. 

[Stats.  1899,  chap,  xxi.] 

An  act  to  ratify  and  confirm  the  conveyance  of  cer 
tain  property  to  trustees  for  charitable  or  edu- 
cational purposes  by  the  city  council  or  trus- 
tees of  any  city  of  less  than  fifty  thousand 
inhabitants,  or  of  any  incorporated  town. 
[Approved  March  8,  1889;  1889,  94.] 
Confirming  conveyance  of  property  for  charitable 
or  educational  purposes. 

Section  1.  Whenever  the  city  council  or  trus- 
tees of  any  city  of  less  than  fifty  thousand  inhab- 
itants, or  of  any  incorporated  town,  has  by  deed 
of  trust  conveyed  property,  or  any  portion  there- 
of, that  has  been  set  apart  for  a  public  park,  to 
trustees,  for  charitable  or  educational  uses,  such 
conveyance  is  hereby  ratified  and  confirmed;  pro- 


940  Napa  CoiiDty— National  Guard, 

vided,  that  no  institution  now  existing  or  to  be 
established  on  such  property  shall  be  private  in 
its  benefits,  or  sectarian  in  its  work  or  teachings, 
or  be  to  any  extent  under  the  management  or  con- 
trol of  or  in  any  way  tributary  to  any  religious 
creed  or  order,  church,  or  sectarian  denomination 
whatsoever;  provided  further,  that  land  so  con- 
veyed shall  be  kept  open  as  public  grounds  by  the 
trustees  of  buch  institutions  as  are  or  may  be 
placed  thereon,  and  that  the  public  visitation  of 
such  grounds  shall  not  be  restricted,  excepting  by 
such  reasonable  regulations  as  park  property  and 
the  proper  maintenance  of  such  institutions  may 
require;  provided  further,  that  property  so  con- 
veyed shall  revert  to  the  grantors,  whenever  and 
so  far  as  the  grantees  do  not  use  the  same  in  ac^ 
cordance  with  the  stipulations  of  the  deed  of  trust 
and  with  the  requirements  of  this  statute. 
Sec.  2.    This  act  shall  take  effect  immediately. 


TITLE  192. 
NAPA  COUNTY. 

A  reference  to  county  special  laws  relating  to 
Napa  is  contained  in  Deering's  Annotated  Pgnal 
Code,  pp.  641  and  642. 


TITLE  193. 
NATIONAL   GUARD. 

Acts  relating  to;  See  Political  Code.  Appendix, 
title,  National  Guard,  p.  1046. 


Naval  Battalion^— Officers.  941 

TITLE  194. 

NAVAL  BATTALION. 

Acts  relating?  to:  See  Political  Code.  Appendix, 
title,  Naval  Battaliou,  p.  1047. 

TITLE  195. 
NEVADA  COUNTY. 

A  reference  to  special  laws  relating  to  Nevada 
county  is  contained  in  Deerin.g's  Annotated  Penal 
Code,  pp.  642-644. 

See  also  "An  act  authorizing  incorporated  cities 
to  acquire,  by  gift,  purcliase  or  condemnation 
proceedings,  water,  water-rights,  reservoir  sites; 
rights  of  way,  and  other  appliances  for  supplying 
such  cities  and  their  inhabitants  with  water." 
[Approved  March  14,  1891,  Stats.  1891,  p.  102.] 


TITLE  196. 

NORMAL  SCHOOLS. 

Acts  relating  to:  See  Political  Code.  Appendix, 
title.  Normal  Schools. 


TITLE  197.     . 

NOTARIES. 

Act  relating  to:   See  Political  Code,  Appendix, 
title.  Notaries,  p.  1050. 


TITLE  198. 

OFFICERS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle, Officers,  p.  586;  Political  Code,  Appendix,  ti- 
tle, Officers,  p.  1051. 


942  01eomarj?arine— Ordinances. 

TITLE  199. 

OLEOMARGARINE. 

Acts  relatin.^  to:  See  Penal  Code,  Appendix,  ti- 
tle, Oleomargarine,  p.  58  <. 


TITLE  200. 
OLIVE  OIL. 

Act  rejrulating  sale  of  imitation:  See  Penal  Code, 
Appendix,  title,  Olive  Oil,  p.  590. 


TITLE  201 
ORANGE  COUNTY. 

An  Act  to  create  the  county  of  Orange,  to  define 
the  boundaries  thereof,  to  determine  the  county 
seat  by  an  election,  and  to  provide  for  its  or- 
ganization and  election  of  officers,  and  to  class- 
ify said  county. 

[Approved  March  11,  1889;  1889,  123.] 
Consult  the  statutes  of  1889  for  the  act. 


TITLE  202. 

ORDINANCES. 

An  Act  to  require  ordinances  and  resolutions 
passed  by  the  City  Council  or  other  legislative 
body  of  any  municipality  to  be  presented  to 
the  Mayor  or  other  chief  executive  officer  of 
such  municipality  for  his  approval. 

[Stat,  approved  March  27,  1897.    Stats.  1897,  chap, 
cxxix. 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.    Every  ordinance  and    every    resolu- 
tion of  the  City  Council  of  any  municipality  pro- 


Ordinances.  943 

viding  for  any  specific  improvement,  or  tlie  grant- 
ing of  any  franchise,  or  other  privilege,  or  affect- 
ing real  property  interests,  or  the  expenditure  of 
more  than  one  hundred  dollars  of  the  public  mon- 
eys, or  levying  tax  or  assessment,  or  establishing 
rates  for  artificial  light,  and  every  ordinance  or 
resolution  imposing  a  duty  or  penalty,  which  shall 
have  passed  the  City  Council,  shall,  before  it 
takes  effect,  be  presented  to  the  Mayor  for  his 
approval.  The  Mayor  shall  return  such  ordinance 
or  resolution  to  the  City  Council  within  ten  days 
after  receiving  it.  If  he  approve  it  he  shall  sign  it, 
and  it  shall  then  take  effect.  If  he  disapprove  it 
he  shall  specify  his  objections  thereto  in  writing. 
If  he  do  not  return  it  with  such  disapproval  within 
the  time  above  specified,  it  shall  take  effect  as  if 
he  had  approved  it.  The  objections  of  the  Mayor 
shall  be  entered  at  large  on  the  journal  of  the  City 
Council,  and  the  City  Council  shall  cause  the  same 
to  be  immediately  published.  The  City  Council 
shall,  after  five,  and  within  thirty  days  after 
such  ordinance  or  resolution  shall  have  been 
returned  with  the  Mayor's  disapproval,  recon- 
sider and  vote  upon  the  same;  and  if  the  same 
shall,  upon  reconsideration,  be  again  passed  by 
the  affirmative  vote  of  not  less  than  three-fourths 
of  all  the  members,  the  presiding  officer  shall 
certify  that  fact  on  the  ordinance  or  resolu- 
tion, and  when  so  certified,  it  shall  take  effect 
as  if  it  had  received  the  approval  of  the  Mayor; 
but  if  the  ordinance  or  resolution  shall  fail 
to  receive  upon  the  first  vote  thereon  after  its 
return  with  the  Mayor's  disapproval,  the  affirma- 
tive votes  of  three-fourths  of  all  the  members,  it 
shall  be  deemed  finally  lost.  The  vote  on  such  re- 
consideration shall  be  taken  by  ayes  and  noes, 
and  the  names  of  the  members  voting  for  o^ 
against  the  same  shall  be  entered  in  the  journal; 
provided,  that  the  provisions  of  this  section  shall 
not  apply  to  cities  in  which  the  Mayor  is  a  mem- 
ber of  the  City  Council,  or  other  governing  body. 

Sec.  2.  The  word  "municipality,"  and  the  word 
"city,"  as  used  in  this  Act,  shall  be  understood 
and  so  construed  as  to  include,  and  is  hereby  de- 
clared to  include,  all  corporations  heretofore  or- 
ganized and  now  existing,  and  those  hereafter  or- 
ganized, for  municipal  purposes. 

Sec.  3.    The  term  "City  Council"  is  hereby  de 


944  Orphans. 

clared  to  include  any  body  or  board  which,  under 
the  law,  is  the  legislative  department  of  the  gov- 
ernment of  any  city. 

Sec.  4.  In  municipalities  in  which  there  is  no 
Mayor,  then  the  duties  imposed  upon  said  officer 
by  the  provisions  of  this  Act  shall  be  performed 
by  the  President  of  the  Board  of  Trustees,  or  other 
chief  executive  officer  of  the  municipality. 

Sec.  5.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  and  all  Acts  and  parts 
of  Acts  in  conflict  with  this  Act  are  hereby  re- 
pealed. 


TITLE  203. 
ORPHANS. 

Acts  relating  to:  See  Civil  Code,  Appendix,  ti- 
tle, Infancy,  p.  775  et  seq.  Consult,  also,  the  fol- 
lowing acts: 

An  act  to  appropriate  funds  for  the  relief  of  the 
several  orphan  asylums  of  this  state.  [Approved 
April,  1872;  Stats.  1871-2,  p.  644.] 

An  act  to  appropriate  money  for  the  support  of 
orphans,  half-orphans,  and  abandoned  children. 
[Approved  March  25,  1880;  1880,  13  (Ban.  ed.  48).] 

These  acts  appropriated  under  certain  limita- 
tions from  the  general  funds  a  sum  at  a  certain 
rate  per  child  for  each  child  maintained  in  institu- 
tions. 

They  have  not  been  repealed,  but  Governor 
Budd  vetoed  an  appropriation  under  it  in  1895, 
Statutes  1895,  p.  290,  and  no  appropriation  was 
made  under  it  in  1897. 

An  act  in  relation  to  the  care  of  orphan  and 
abandoned  children.  [Approved  March  7,  1874; 
1873-4,   297.] 

An  act  to  authorize  managers  of  orphan  asylums 
to  give  their  consent  to  the  adoption  of  certain 
children  under  their  care.  [Approved  April  1» 
1878;  1877-8.  963.] 


Oysters— Pharmacy.  945 


TITLE  204. 

OYSTERS. 

The  Political  Code,  section  19,  and  the  Penal 
Code,  section  23,  expressly  continued  in  force  an 
act  concerning  oysters,  passed  April  28,  1851.  432, 
and  an  act  concerning  oyster  beds,  approved 
April  2,  1866  ,  1865-6,  848;  but  both  those  acts 
were  repealed  by  the  following  act,  which  is  now 
in  force: 

An  act  to  encourage  the  planting  and  cultivation 
of  oysters.  [Approved  March  30,  1874;  1873-4, 
940.] 

The  object  of  the  act  sufficiently  appears  in  the 
title. 


TITLE  205. 

PHARMACY. 

An  act  to  regulate  the  practice  of  pharmacy  and 
sale  of  poisons  in  the  state  of  California. 

[Approved  March  11,  1891;  Stats.  1891,  p.  86.] 

Section  1.  From  and  after  the  first  day  of  Jan- 
uary, A.  D.  eighteen  hundred  and  ninety-two,  it 
shall  be  unlawful  for  any  person  to  conduct  any 
pharmacy  or  store  for  dispensing  or  compounding 
medicines,  unless  such  person  be  a  registered 
pharmacist,  within  the  meaning  of  this  act;  and 
it  shall  be  unlawful  for  any  person  to  compound 
or  dispense  any  physician's  prescription,  unless 
such  person  be  a  registered  pharmacist  or  a  reg- 
istered assistant  pharmacist,  within  the  meaning 
of  this  act,  except  as  hereinafter  provided. 

Sec.  2.  Any  person,  in  order  to  be  a  registered 
pharmacist,  must  be  a  graduate  of  pharmacy,  a 
licentiate  in  pharmacy,  or  a  practicing  pharmacist. 

Sec.  3.  Graduates  in  pharmacy  are  persons  who 
have  had  four  years'  experience  in  stores  where 
the  prescriptions  of  medical  practitioners  are  com- 
pounded, and  each  must  have  obtained  a  diploma 
from  a  legally  constituted  college  of  pharmacy. 


946  Pharmacy. 

Licentiates  in  pharmacy  are  persons  who  have 
had  four  years'  experience  in  stores  where  the 
prescriptions  of  medical  practitioners  are  com- 
pounded, and  shall  have  passed  an  examination 
before  the  state  board  of  pharmacy,  or  who  shall 
present  satisfactory  credentials  or  certificates  of 
their  attainments  to  the  said  board.  Practicing- 
pharmacists  are  persons  who,  at  the  passage  of 
this  act,  are  conducting  pharmacies  in  this  state 
for  compounding  and  dispensing  of  prescriptions 
of  medical  practitioners,  and  for  the  sale  of  med- 
icines and  poisons.  Assistant  pharmacists  are 
persons  of  not  less  than  eighteen  years  of  age  who 
are  employed  by  registered  pharmacists,  have 
studied  the  art  of  pharmacy  for  two  years,  and 
have  passed  an  examination  by  the  board  of  phar- 
macy, or  who,  prior  to  the  passage  of  this  act, 
have  had  three  years'  experience  in  pharmacies. 

Sec.  4.  Every  pharmacist  claiming  the  right  of 
registration  under  this  act  shall,  on  or  before  the 
first  day  of  January  next  after  its  passage,  for- 
ward to  the  board  of  pharmacy  satisfactory 
proof  that  he  was  engaged  in  the  business  of  pre- 
paring and  dispensing  medicines  and  physicians^ 
prescriptions  at  the  time  of  passage  of  this  act, 
or  that  he  is  otherwise  entitled  to  registration  un- 
der its  provisions.  The  board  of  pharmacy  shall 
then  issue  to  said  applicant,  upon  his  paying  the 
sum  of  five  dollars,  a  certificate  of  registration. 
Any  practicing  pharmacist  failing  to  comply  with 
the  requirements  of  this  section  within  sixty  days 
from  and  after  the  first  day  of  .January,  eighteen 
hundred  and  ninety-two.  shall  forfeit  his  right  to 
registration,  and  shall  ar>pear  for  examination,  as 
provided  for  in  this  act. 

Sec.  5.  Every  assistant  pharmacist  claiming 
right  of  registration  under  this  act.  without  pass- 
ing an  examination  by  the  board  of  pharmacy, 
shall,  on  or  before  the  first  day  of  .January  next 
after  the  passage,  forward  to  the  board  of  phar- 
macy satisfactory  proof  that  he  has  had  three 
years'  experience  in  drucr  stores  where  physicians* 
prescriptions  are  prepared:  the  board  of  pharma- 
cy shall  then  issue  to  said  applicant,  upon  his  pay- 
ing the  sum.  of  one  dollar,  a  certificate  of  registra- 
tion as  assistant  pharmacist.  Any  assistant  fail- 
\n'.r  t<^  comply  with  the  requiremonts  of  this  sec- 
tion,  within  sixty  days  from   and   after  the  first 


Pharmacy.  947 

day  of  January,  eighteen  hundred  and  ninety-two, 
ahall  forfeit  his  right  to  registration,  without  pass- 
ing the  examination  provided  for  in  this  act.  No 
registered  assistant  shall  conduct  a  pharmacy  or 
be  granted  a  certificate  as  a  registered  pharmacist 
until  he  has  passed  the  examination  for  licentiate 
in  pharmacy,  as  required  by  this  act. 

Sec.  (3.  Within  thirty  days  after  the  passage  of 
this  act,  and  every  fourth  year  thereafter,  the  gov- 
ernor shall  appoint  seven  competent  pharmacists, 
residing  in  difterent  parts  of  the  state,  to  serve  as 
a  board  of  pharmacy.  The  members  of  this  board 
shall,  within  thirty  days  after  their  appointment, 
individually  take  and  subscribe,  before  the  coun- 
ty clerk  in  the  county  in  which  they  individually 
reside,  an  oath  faithfully  and  impartially  to  dis- 
charge the  duties  prescribed  by  this  act.  They 
shall  hold  office  for  the  term  of  four  years,  and 
until  their  successors  are  appointed  and  qualified. 
In  case  of  vacancy  in  the  board  of  pharmacy,  the 
governor  shall  fill  the  same  by  appointing  a  mem- 
ber to  serve  for  the  remainder  of  the  term  only. 
The  office  of  said  board  shall  be  located  in  San 
Francisco.  The  board  shall  organize  by  electing 
a  president  and  a  secretary,  the  latter  to  be  ex 
officio  treasurer  of  the  board.  Four  members  of 
the  board  sifiall  constitute  a  quorum.  They  shall 
meet  at  least  quarterly,  and  have  power  to  make 
by-laws  for  the  proper  fulfillment  of  their  duties. 
The  duties  of  the  board  shall  be  to  transact  all 
business  pertaining  to  the  legal  regulations  of  the 
practice  of  pharmacy;  to  investigate  all  complaints 
respecting  non-compliance  with  the  violations  of 
the  provisions  of  this  act,  and  to  bring  the  same 
to  the  notice  of  the  proper  prosecuting  officer, 
whenever  there  appears  to  the  board  to  be  rea- 
sonable grounds  for  such  action;  and  to  examine 
and  register  as  pharmacists,  or  assistant  pharma- 
cists, all  applicants  whom  it  shall  deem  qualified 
to  be  such,  respectively.  All  persons,  on  applying 
for  examination  or  registration,  shall  pay  to  the 
secretary  a  fee  of  five  dollars  for  licentiate,  and 
two  dollars  for  assistants:  and  on  passing  the  ex- 
amination they  shall  be  furnished  with  a  certifi- 
cate signed  by  the  secretary  and  examiners.  In 
ease  of  failure  to  pass,  the  board  shall  grant  a 
second  examination  within  one  year  without  any 
additional  fee  being  charged.     Every  registered 


948  I'liarmacy. 

pharmacist  who  desires  to  continue  the  practice 
of  his  profession  in  this  state  shall,  annually,  on 
such  date  as  the  board  of  pharmacy  may  deter- 
mine, pay  to  the  secretary  of  the  said  board  a 
registration  fee,  to  be  fixed  by  the  board,  but 
which  shall  in  no  case  exceed  the  sum  of  two  dol- 
lars per  annum,  for  whicli  he  shall  receive  a  re- 
newal of  said  registration.  Every  registered  as- 
sistant pharmacist  who  desires  to  continue  the 
practice  of  his  profession  in  this  state  shall,  annu- 
ally, on  such  date  as  the  board  of  pharmacy  may 
determine,  pay  to  the  secretary  of  said  board  a 
registration  fee,  to  be  fixed  by  the  board,  but 
which  shall  in  no  case  exceed  the  sum  of  one  dol- 
lar per  annum,  for  which  he  shall  receive  a  renew 
al  of  said  registration.  The  board  shall  render  an 
annual  report  of  its  proceedings  to  the  governor 
of  the  state.  [Amendment  approved  March  3, 
1893;  Stats.  1893,  p.  68.] 

Sec.  7.  It  shall  be  the  duty  of  the  secretary  to 
keep  a  book  of  registration  open  at  the  city  of 
San  Francisco,  of  which  due  notice  shall  be  given 
through  the  public  press  or  by  mail,  in  which 
book  shall  be  entered,  under  the  supervision  of  the 
board,  the  names,  titles,  qualifications,  and  places' 
of  business  of  all  persons  coming  under  the  pro- 
visions of  this  act.  The  secretary  shall  give  re- 
ceipts for  all  money  received  by  him,  and  dis- 
burse the  same  by  order  of  the  board  for  neces- 
sary expenses,  taking  proper  vouchers  therefor. 
The  balance  of  said  moneys,  after  paying  the  ex- 
penses of  the  board,  he  shall  pay  to  the  state 
treasurer,  who  shall  keep  it  as  a  special  fund  to  be 
used  in  carrying  out  the  provisions  of  this  act. 

Sec.  8.  The  members  of  the  board  of  pharmacy 
shall  each  be  paid  the  sum  of  five  dollars  per  diem 
for  every  meeting  of  the  board  which  they  at- 
tend, and  the  secretary  shall  receive  such  addi- 
tional compensation  as  the  board  may  direct.  All 
compensation  of  members  and  other  expenses  of 
the  board  of  pharmacy  shall  be  paid  out  of  the  ex 
amination  and  registration  fees  and  fines. 

Sec.  9.  No  person  shall  add  to  or  remove  from, 
or  cause  to  be  added  to  or  removed  from,  any 
drug,  chemical,  or  medicinal  preparation,  any  in- 
gredient or  material  for  the  purpose  of  adultera- 
tion or  substitution,  or  which  shall  deteriorate  the 
quality,  commercial  value,  or  medicinal  effect,  or 


Pharmacy.  949 

alter  the  nature  or  composition  of  such  article; 
ana  no  person  shall  Jvnowiugly  sell,  or  otter  for 
sale,  any  such  adulterated,  altered  or  substituted 
druy,  cnemical,  or  medicinal  preparation,  with- 
out informing  the  purchaser  of  the  adul- 
teration or  sophistication  of  the  article 
sold  or  ottered  for  sale.  Every  registered 
pharmacist  shall  file  or  cause  to  be  filed  all  phy- 
sicians' prescriptions  compounded  or  dispensed  in 
his  pharmacy  or  store;  they  shall  be  preserved 
for  two  years,  and  he  shall  furnish  a  correct  copy 
of  any  prescription,  upon  the  order  or  request  of 
the  attending  physician.  Any  person  who  shall 
willfully  violate  any  of  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  liable  to  all  costs  of  the 
action,  and  for  the  first  ottense  be  liable  to  a  fine 
not  exceeding  fifty  dollars,  and  for  each  subse- 
quent offense  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars,  said  fines  to  be' 
paid  over  to  the  board  of  pharmacy.  On  written 
complaint  being  entered  against  any  person  or 
persons,  charging  them  with  specific  violation  of 
any  of  the  provisions  of  this  act.  the  board  of 
pharmacy  is  hereby  empowered  to  delegate  one  of 
its  members,  or  other  suitable  person,  who  shall 
have  authority  to  inspect  drugs,  chemicals,  or 
medicines,  and  to  make  a  thorough  investigation 
of  the  case:  he  shall  then  report  the  result  of  his 
investigation,  and  if  such  report  justify  such  ac- 
tion the  board  shall  notify  the  prosecuting  attor- 
ney or  district  attorney,  who  shall  prosecute  the 
offender  according  to  law. 

Sec.  10.  It  shall  be  unlawful  for  any  person  to 
retail  any  poisons  enumerated  in  schedules  "A" 
and  "B,"  appended  to  this  act,  without  labeling 
the  box,  bottle,  or  paper  in  which  said  poison  is 
contained  with  the  name  of  the  article,  the  word 
"Poison,"  and  the  name  and  place  of  business  of 
the  seller.  Nor  shall  it  be  lawful  to  sell  or  deliver 
any  poison  named  in  schedules  "A"  and  "B,"  un- 
less, on  inquiry,  it  is  found  that  the  person  is 
aware  of  its  poisonous  character,  and  that  it  is  to 
be  used  for  a  legitimate  purpose.  Nor  shall  it  b*' 
lawful  to  sell  or  deliver  any  poison  included  in 
schedule  "A"  without  making,  or  causing  to  be 
made,  an  entry  in  a  book  kept  for  that  purposf^ 
only,  stating  the  date  of  sale,  and  the  name  and 
Gen.  Laws— 80 


950  Pharmacy. 

address  of  purchaser,  the  name  and  quantity  of 
the  poison  sold,  the  purpose  for  which  it  is  stated 
by  the  purchaser  to  be  required,  and  Jhe  name  of 
the  dispenser;  said  boolv  to  always  be  open  for  in- 
spection by  the  proper  authorities,  and  to  be  pre- 
served for  at  least  Ave  yeai'S.  The  provisions  of 
this  section  shall  not  apply  to  the  dispensing  of 
poisons  when  prescribed  by  practitioners  of  medi- 
cine, nor  to  the  sale  of  poisons,  if  a  single 
bottle  or  paclvage  does  not  contain  more 
than  an  ordinary  dose.  Dealers  shall 
affix  to  every  bottle,  box,  parcel,  or  other  in- 
closure  of  an  original  pacliage  containing  any  of 
the  articles  named  in  schedules  "A"  and  "B"  of 
this  act,  a  suitable  label  or  brand  with  the  word 
"Poison,"  but  they  are  hereby  exempted  from  the 
registration  of  the  sale  of  such  articles  when  sold 
at  wholesale,  or  to  a  registered  pharmacist  or 
physician.  Any  person  failing  to  comply  with  the 
requirements  of  this  section  shall  be  guilty  of 
misdemeanor,  and  upon  conviction  shall  be  liable 
to  a  fine  not  exceeding  fifty  dollars. 

Sec.  11.  Any  person  that  shall  attempt  to  pro- 
cure registration  for  himself,  or  for  any  other 
person  under  this  act,  by  mailing,  or  causing  to  be 
made,  any  false  representations,  or  who  shall 
fraudulently  represent  himself  to  be  registered, 
shall  be  deemed  guilty  of  a  misdemeanor^  and 
shall,  upon  conviction  thereof,  be  fined  in  a  sum 
not  exceeding  two  hundred  dollars.  Any  register- 
ed pharmacist  who  shall  permit  the  compounding 
and  dispensing  of  prescriptions  of  medical  praeti 
tioners  in  his  store  by  persons  not  registered,  ex- 
cept by  junior  assistants  under  the  direct  super- 
vision of  registered  persons,  or  any  person  not 
registered  who  shall  retail  medicines  or  poisons, 
except  in  a  pharmacy  under  the  supervision  of  a 
registered  pharmacist  or  a  registered  assistant 
pharmacist,  and  any  registered  person  who  shall 
fail  to  comply  with  the  regulations  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  be  fined  not  exceeding  fifty  dollars. 
Nothing  in  this  act  shall  apply  to  or  interfere  with 
the  business  of  any  practitioner  of  medicine  who 
does  not  keep  a  pharmacy  or  open  shop  for  the  re- 
tailing of  medicines  or  poisons,  nor  with  the  ex- 
clusive wholesale  business  of  any  dealer,  except 
that  portion  of  section  ten  which  relates  to  mark- 
ing or  labeling  certain  poisons  mentioned  in  this 


Pilots— Placer  County.  951 

act.  Nor  shall  general  dealers  come  under  the 
provisions  of  this  act,  in  so  far  as  it  relates  to  the 
keepir.„  for  sale  of  proprietary  medicines  in  orig- 
inal packages  of  drugs  and  medicines;  but  in  no 
case  shall  they  compound  or  prepare  any  phar- 
maceutical preparations  or  prescriptions. 

Sec.  12.  All  persons  registered  under  this  act 
shall  be  exempt  and  free  from  juiy  duty. 

SCHEDULE  "A." 

Arsenic,  corrosive  sublimate,  cyanide  of  potas- 
sium, hydrocyanic  acid,  strychnia,  cocaine,  and  all 
other  poisonous  vegetable  alkaloids  and  their  salts, 
opium,  and  all  its  preparations,  excepting  those 
which  contain  less  than  two  grains  to  the  ounce. 

SCHEDULE  "B." 

Aconite,  belladonna,  colchicum,  conium,  nux 
vomica,  savin,  cantharides,  phosphorus,  digitalis, 
and  their  pharmaceutical  preparations,  croton  oil, 
chloroform,  chloral,  sulphate  of  zinc,  sugar  of 
lead,  mineral  acids,  carbolic  acid,  and  oxalic  acid, 
white  precipitate,  red  precipitate,  biniodide  of 
mercury,  essential  oil  of  almonds. 

All  acts  or  parts  of  acts  which  conflict  with  this 
are  hereby  repealed. 

Poisons:  See  Post,  title,  Poisons. 


TITLE  20G. 

PILOTS. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title,  Pilots,  p.  1058. 


TITLE  207. 
PLACER  COUNTY. 

A  reference  to  special  acts  relating  to  Placer 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  650  and  651. 

See,  also,  an  act  authorizing  the  trustees  of  Au- 
burn to  remove  a  cemetery  and  donate  the  land 
for  a  park,  approved  March  26,  1895;  Stats.  1895, 
p.  109. 


952  Plumas  County— Police  Courts. 

TITLE  208. 

PLUMAS  COUNTY. 

A  reference  to  special  acts  relating  to  Plumas 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  651  and  652. 


TITLE  209. 

POISONS. 

Act  regulating  sale  of:  See  ante,  title,  Pharmacy; 
the  former  act  was  an  act  to  regulate  the  sale  of 
certain  poisonous  substances.  [Approved  April 
16,  1880;  1880,  102  (Ban.  ed.  341).] 


TITLE  210. 

POLICE. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle   Police,  p.  595. 


TITLE  211. 
POLICE  COURTS. 

An  Act  to  establish  a  police  court  in  and  for  the 

city  of  Marysville. 

[Approved  March  16,  1889;  3889,  214.] 

An  Act  to  provide  for  police  courts  in  cities  hav- 
ing fifteen  thousand  and  under  eighteen  thou- 
sand inhabitants. 
[Approved  March  31,  1891;  Stats.  1891;  p.  433.] 
This  act  was  declared  unconstitutional  in  Giam- 
bonini,  ex  parte,  decided  July  16,  1897. 


Police  Department.  953 


A.n  Act  to  create  a  police  court  in  and  for  the 
city  and  county  of  San  Francisco,  state  of 
California. 

[Approved  March  5,  1889;  1889,  62.] 

An  act  amendatory  of  and  supplemental  to  an  act 
entitled  "An  act  to  create  a  police  court  in  and 
for  the  city  and  county  of  San  Francisco,  state 
of  California,"  approved  March  5,  1889,  and 
providing-  for  an  additional  department,  to  be 
known  as  department  number  four,  and  the 
appointment  of  a  suitable  person  to  act  as 
judge  of  said  court. 

[Approved  February  23,  1893;  Stats.  1893,  p.  9.] 

An  act  to  create  an  additional  police  judj2:e's  court 
for  the  city  and  county  of  San  Francisco,  to 
define  its  powers  and  jurisdiction. 
[Approved  March  7,  1881;  Stats.  1881,  74.] 

An  act  to  provide  for  police  courts  in  cities  having: 
thirty  thousand  and  under  one  hundred  thou- 
sand inhabitants,  and  to  provide  for  officers 
thereof. 

[Approved  March  18,  1885;  1885,  213.] 
This  act   was   amended   March  31,  1891;    Stats. 
1891,  p.  252;  February  27,  1893;  Stats.  1893,  p.  41; 
and  March  6,  1895;  Stats.  1895,  p.  113. 


An  act    establishing  a  police  court    in  Eureka. 
[Approved  March  26,  1895;  Stats.  1895,  p.  90.] 


TITLE  212. 

POLICE  DEPARTMENT. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title,  Police  Department,  p.  1058. 


95'!  Protection  Dstricts. 

TITLE  213. 
PREDACEOUS  INSECTS. 

An  act  to  appropriate  five  thousand  dollars  for 
the  purpose  of  sending  an  expert  to  Australia,  New 
Zealand,  and  adjacent  counti-ies  to  collect  and  im- 
port into  this  state  parasites  and  predaceous  in- 
sects. [Approved  March  31,  1891;  Stats.  1891.  p. 
277.] 

The  object  of  the  act  sufficiently  appears  from 
the  title. 


TITLE  214. 

PRIZE   FIGHTING. 

Act  relatins:  to:  See  Penal  Code,  Appendix,  ti- 
tle, Prize  Fi^liting,  p.  606. 


TITLE  215. 

PROSTITUTION. 

Act  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle. Prostitution,  p.  606. 


TITLE  21(5. 
PROTECTION  DISTRICTS. 

An  act  to  provide  for  the  formation  of  protection 
districts  in  the  various  counties  of  this  State, 
for  the  improvement  and  rectification  of  the 
channels  of  innavigable  streams  and  water- 
courses, for  the  prevention  of  the  overflow 
thereof,  by  widening,  deepening,  and  straight- 
ening and  otherwise  improving  the  same,  and 
to  authorize  the  Boards  of  Supervisors  to  levy 
and  collect  assessments  from  the  property  ben- 
efited to  pay  the  expenses  of  the  same. 
[Stat.  Approved  March  27,  1895;  Stats.  1895, 
chap,  cci.] 

The  People  of  the  State  of  California,  represented 

in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.    Whenever  the  Board  of  Supervisors 


Protection  Districts.  955 

of  any  county  in  this  State  may  deem  it  proper 
to  improve  and  rectify  tlie  cliannel  of  any  innavi- 
gable stream  or  watercourse  wittiin  ttie  county, 
and  to  prevent  tlie  overflow  of  sucli  stream  by  wi- 
dening-, deepening,  or  straightening  its  course,  or 
by  erecting  levees  or  dilies  upon  its  banks,  the 
Board  may.  upon  a  petition  of  ten  property  hold- 
ers of  the  district  to  be  affected  by  such  improve- 
ments, pass  a  resolution  signifying  its  intention  to 
improve  such  innavigable  stream  or  water- 
course, describing  the  exterior  bounda- 
ries of  the  district  of  lands  to  be  affected  or  ben- 
efited by  such  work  or  improvement,  and  to  be  as- 
sessed to  pay  the  damages,  cost,  and  expenses 
thereof,  the  character  of  work  or  improvement 
contemplated,  and  the  place  where  the  proposed 
work  or  improvement  is  to  be  done.  Such  resolu- 
tion shall  also  contain  a  notice,  to  be  published, 
which  notice  shall  be  headed  "Notice  of  Intention 
of  the  Board  of  Supei*visors  to  form  a  Protection 
District,"  and  shall  state  the  fact  of  the  passage 
of  such  resolution,  with  the  date  thereof,  and 
briefly,  the  work  or  improvement  proposed,  and 
the  statement  that  it  is  proposed  to  assess  all 
property  affected  or  benefited  by  such  improve- 
ment for  the  expenses  thereof,  and  refer  to  the 
resolution  for  further  particulars.  Such  notice  to 
be  given  by  the  Board  of  Supervisors,  and  signed 
by  its  clerk. 

Sec.  2.  Such  notice  shall  be  published  for  a 
period  of  thirty  days,  in  one  daily  newspaper  pub- 
lished and  circulated  in  such  county,  and  desig- 
nated by  said  board  of  supervisors;  or  if  there 
is  no  daily  newspaper  so  published  and  circu- 
lated in  said  county,  then  by  four  successive  in- 
sertions in  a  w^eekly  or  semi-weekly  newspaper  so 
published,  circulated,  and  designated. 

Sec.  3.  Any  person  interested,  objecting  to 
such  work  or  improvement,  or  to  the  exteitt  of  the 
district  of  lands  to  be  affected  or  benefited  bs^ 
such  work  or  improvement,  and  to  be  assessed  to 
pay  the  costs  and  expenses  thereof,  may  make 
written  objections  to  the  same  within  ten  days 
after  the  expiration  of  the  time  of  the  publica- 
tion of  said  notice,  which  objection  shall  be  deliv- 
ered to  the  clerk  of  said  board  of  supervisors,  who 
shall  indorse  thereon  the  date  of  its  reception  by 
him,  and  at  the  next  regular  meeting     of     such 


956  Protection  Districts. 

board  of  supervisors,  or  at  an  adjourned  meet- 
ing, or  a  special  meeting  called  for  that  purpose,, 
after  the  expiration  of  said  ten  days,  lay  such  ob- 
jections before  said  board  of  supervisors,  which 
shall  fix  a  time  for  hearing  said  objection,  not 
less  than  fifteen  days  thereafter,  and  direct  its 
clerk  to  notify  each  person  objecting  of  such  day 
fixed  for  hearing,  by  depositing  a  notice  thereof 
in  the  post  oflQce  at  the  county  seat  of  such  coun- 
ty, postage  prepaid,  addressed  to  such  person  ob- 
jecting, which  said  notice  shall  be  deposited  in  the 
post  office  not  less  than  ten  days  before  the  day 
set  for  hearing. 

Sec.  4.  At  the  time  specified  or  to  which  the 
hearing  may  be  adjourned,  the  board  of  super- 
visors shall  hear  the  objections  urged  and  pass 
upon  the  same.  Such  board  may,  in  its  discretion, 
sustain,  in  whole  or  in  part,  any  or  all  of  the  ob- 
jections made  and  filed,  and  may  change  or  alter 
the  boundaries  of  such  district  to  conform  to  the 
needs  of  the  district,  and  may,  in  their  discretion, 
declare  such  protection  district  formed  as  a  sub- 
division of  such  county,  and  shall  designate  such 

district  by  name  as  the Protection  District  of 

• County,  and  thereafter  the  board  of  super- 
visors shall  be  deemed  to  have  acquired  jurisdic- 
tion to  purchase  or  receive  by  aonation,  in  the 
name  of  the  district,  any  real  or  personal  prop- 
erty necessary  to  properly  carry  out  the  purposes 
of  the  formation  of  such  district,  under  the  same 
rules  as  govern  the  purchase  of  property  in  the 
name  of  the  county:  but  no  district  shall  be  form- 
ed wherein  a  ma'jority  of  the  property  holders 
within  its  limits  protest  in  writing  against  such 
action. 

Sec.  5.  The  board  of  supervisors  of  such  coun- 
ty shall  also  have  power  to  condemn  land  for  the 
purpose  of  widening,  deepening,  or  straightening 
any  innavigable  stream  flowing  through  such  pro- 
tection district,  and  for  that  purpose  all  of  the 
provisions  of  part  three,  title  seven,  of  the  Code 
of  Civil  Procedure  are  hereby  made  applicable  to 
the  exercise  of  the  right  of  eminent  domain  for 
such  purposes,  or  to  any  purpose  necessary  to  the 
needs  of  such  district  when  formed. 

Sec.  6.  Having  acquired  jurisdiction,  as  pro- 
vided in  section  four  hereof,  the  board  of  super- 
visors shall  cause  a  survey  of  said  contemplated 
improvement  to  be  made,  or  adopt  a  survey  al- 


Protection  Districts.  957 

ready  made;  and  a  map  of  the  survey  must  be 
adopted  by  such  board,  and  thereafter  such  sur- 
vey and  map  shall  be  the  plans  to  be  followed  in 
making  such  improvements;  provided,  that  at  any 
time  after  the  adoption  of  such  survey  and  map, 
and  before  any  commissioners'  report  of  the  as- 
sessment of  benefits  and  award  of  damages  has 
been  finally  adopted  and  confirmed  by  the  board 
of  supervisors  as  provided  for  by  section  sixteen 
of  this  act,  said  board  of  supervisors  may  rescind 
their  action  in  adopting  such  survey  and  map, 
and  may  adopt  others  in  place  thereof,  or,  by  the 
affirmative  vote  of  not  less  than  four-fifths  of  all 
its  members,  said  board  may  abandon  its  contem- 
plated improvement  and  disorganize  and  abolish 
such  protection  district,  in  which  ease  the  pre- 
liminary expenses  already  incurred  for  advertis- 
ing and  surveying  shall  be  a  county  charge. 
[Amendment  approved  March  27,  1897;  Stats. 
1897,  chap,  clxiii.     In  effect  immediately.] 

Sec.  7.  After  adopting  such  survey,  the  board 
of  supervisors  shall  appoint  three  commissioners 
to  assess  benefits  and  damages,  to  estimate  the  to- 
tal cost  of  making  the  proposed  improvements  and 
performing  such  proposed  work,  which  estimate 
shall  include  all  expenses  of  every  kind  incurred 
or  to  be  incun-ed,  either  directly  or  indirectly,  in 
<3arrying  out  the  said  work  and  improvements.  Be- 
fore entering  upon  the  discharge  of  their  duties 
as  such  commissioners,  they  shall  each  take  and 
subscribe  to  an  oath  to  perform  the  duties  of  such 
commission  to  the  best  of  their  abilities,  and  shall 
each  file,  with  the  clerk  of  the  board  of  supervis- 
ors, a  bond  to  the  state  of  California,  in  the  sum 
of  three  thousand  dollars,  to  faithfully  perform  the 
duties  of  his  office  as  such  commissioner,  which 
«aid  bond  must  be  approved  by  the  chairman  of 
the  board  of  supervisors.  The  board  of  supervis- 
ors may.  at  any  time,  remove  any  or  all  of  said 
commissioners  for  cause,  upon  reasonable  notice 
and  hearing,  and  may  fill  any  vacancies  occurring 
among  them  from  any  cause. 

Sec.  8.  The  commissioners  shall  have  all  pow- 
ers necessary  and  proper  to  carry  out  the  pro- 
visions of  this  act.  and  the  act  of  a  majority  shall 
be  the  act  of  the  board. 

Sec.  9.  All  such  charges  and  expenses  shall  be 
■deemed  as  expenses  of  said  work  or  improvement, 


958  Protection  Districts. 

and  be  a  charge  only  upon  the  funds  devoted  to 
the  particular  work  or  improvement  as  provided 
hereafter.  All  claims,  as  well  for  the  land  and 
improvements  taken  or  damaged  as  for  the 
charges  and  expenses,  shall  be  paid  as  are  other 
claims  against  the  county  and  upon  order  of  the 
board  of  supervisors,  and  the  claims  shall  be 
itemized  in  the  same  manner  as  are  other  claims 
against  the  county. 

Sec.  10.  Said  commissioners  shall  proceed  to 
view  the  lands  embraced  within  the  boundaries  of 
such  protection  district,  and  may  examine  the 
witnesses  on  oath,  to  be  administered  by  any  one 
of  them.  Having  viewed  the  land  to  be  taken, 
and  the  improvements  affected,  and  considered 
the  testimony  presented,  they  shall  proceed  with 
ail  diligence  to  determine  the  value  of  the  land 
and  the  damage  to  improvements  and  property 
affected,  and  also  the  estimated  amount  of  the 
cost  of  the  proposed  work  or  improvements,  and 
the  expenses  incident  thereto,  and  having  deter- 
mined the  same,  shall  proceed  to  assess  the  same, 
upon  the  lands  embraced  within  the  exterior 
boundaries  of  such  protection  district.  Such  as- 
sessment shall  be  made  in  the  manner  following, 
to-wit:  The  board  of  supervisors  may  assess  to 
the  county,  as  an  interested  and  benefited  party, 
such  portion  of  said  assessment,  not  exceeding  one- 
third,  as  in  their  judgment  they  may  determine 
and  the  remainder  of  such  assessment  shall  be 
made  upon  the  lands  within  said  district  in  pro- 
portion to  the  benefits  to  be  derived  from  said 
work  or  improvement,  so  far  as  the  said  commis- 
sion can  reasonably  estimate  the  same,  including 
in  such  estimate  the  property  of  any  railroad 
company  within  said  district,  if  such  there  be. 

Sec.  li.  Said  commissioners,  having  made 
their  assessment  of  benefits  and  damages,  shall, 
with  all  diligence,  make  a  written  report  thereof 
to  the  board  of  supervisors,  and  shall  accompany 
their  report  with  a  plat  of  the  district,  showing 
the  land  taken  or  to  be  taken  for  the  work  or  im- 
provement; and  the  lands  assessed,  showing  the 
relative  location  of  each  district,  block,  lot,  or 
portion  of  lot  or  other  piece  of  land,  and  its  di- 
mensions, so  far  as  the  commissioners  can  rea- 
sonably ascertain  the  same.  Each  block  and  lot,  or 
portion  of  lot,  or  other  parcel  or  parcels  of  land 


Protection  Districts.  959 

taken  or  assessed,  shall  be  designated  and  de- 
scribed in  said  plat  by  an  appropriate  number, 
and  a  reference  to  it  by  such  descriptive  number 
shall  be  a  sufficient  description  of  it  in  all  re- 
spects. When  the  report  and  plat  are  approved 
by  the  board  of  supervisors,  a  copy  of  said  plat 
(appropriately  designated  and  certified  by  the 
clerk  of  said  board  as  a  correct  copy  of  the  plat 
on  file  in  his  office)  shall  be,  by  the  clerk  of  said 
board,  recorded  in  the  office  of  the  recorder  of  the 
county.  Said  report  of  the  commissioners  shall 
also  contain  the  names  of  the  persons  owning 
lands  taken,  or  to  be  taken,  for  such  work  or  im- 
provement; the  names  of  the  land  owners  who 
consent  to  give  the  right  of  way,  and  their  writ- 
ten consent  thereto;  the  names  of  land  owners 
who  do  not  consent,  and  the  amount  of  damage 
claimed  by  each,  and  the  amount  of  damages 
awarded  to  each  by  the  commissioners. 

Sec.  12.  Said  report  shall  specify  each  lot,  sub- 
division, or  piece  of  property  taken  or  injured  by 
the  widening,  deepening,  or  straightening  of  such 
innavigable  stream,  or  other  improvement  made 
or  work  done,  or  assessed  therefor,  together  with 
the  name  of  the  owner  or  claimants  thereof  or  of 
persons  interested  therein  as  lessees,  incumbran- 
cers, or  otherwise,  so  far  as  the  same  are  known 
to  the  commissioners,  and  the  particulars  of  their 
interests,  so  far  as  the  same  can  be  ascertained, 
and  the  amount  of  value  or  damages  or  the 
amount  assessed,  as  the  case  may  be. 

Sec.  13.  If  in  any  case  the  commissioners  find 
that  conflicting  claims  of  title  exist,  or  shall  be 
in  ignorance  or  doubt  as  to  the  ownership  of  any 
piece  of  land  or  of  any  improvement  thereon,  or 
of  any  interest  in  such  land  or  improvement,  it 
shall  be  set  down  as  belonging  to  unknown  own- 
ers. Errors  in  the  designation  of  the  owner  or 
owners  of  any  land  or  improvement,  or  of  the 
particulars  of  their  interests,  shall  not  affect  the 
validity  of  the  assessment,  or  of  any  condemna- 
tion of  the  property  to  be  taken. 

Sec.  14.  The  commissioners  shall  receive  for 
their  services  such  compensation  as  the  board  of 
supervisors  may  determine  from  time  to  time; 
provided,  that  the  compensation  shall  not  exceed 
the  sum  of  one  hundred  dollars  per  month  each, 
nor  continue   for  more  than   six   months,   unless 


960  Protection  Districts. 

the  board  of  supervisors  shall,  by  order,  extend 
such  time.  The  compensation  of  the  commission- 
ers shall  be  considered  as  an  expense  of  the  work 
or  improvement,  and  chall  be  chargeable  and  paya- 
ble as  are  other  expenses  thereof. 

Sec.  15.  The  report  of  such  commissioners,  and 
the  plat  accompanying  it,  shall  be  filed  with  the 
clerk  of  the  board  of  supervisors,  and  thereupon 
the  said  clerk  shall  give  notice  of  such  filing  by 
publication  for  at  least  ten  days,  in  one  daily 
newspaper  published  and  circulated  in  said  coun- 
ty; or  if  there  be  no  daily  paper,  by  three  suc- 
cessive insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published  and  circulated.  Said  no- 
tice shall  require  all  persons  interested  to  show 
cause,  if  any  they  have,  why  such  report  should 
not  be  adopted  and  confirmed  by  the  board  of  su- 
pervisors, on  or  before  a  day  fixed  by  the  clerk 
thereof,  and  stated  in  said  notice;  which  day 
shall  not  be  less  than  thirty  days  from  the  last 
publication  thereof.  Such,  notice  shall  be  sub- 
stantially in  the  following  form: 

Notice  of  the  tiling  of  the  report  of  the  board 
of  commissioners  of Protection  District. 

Notice  is  hereby  given  that  the  board  of  commis- 
sioners of Protection  District  did,  on  the 

day  of 189—.  file  its  report  of  the  assessment 

of  benefits  and  award  of  damages  in  said  pro- 
tection district  with  the  clerk  of  the  board  of  su- 
pervisors of county,  which  said  report  is  now 

on  file  in  the  office  of  said  board,  in  the  county 

court  house,  in  the  citj-  of ,  in  said  county. 

Said  report  is  hereby  made  a  part  hereof,  and  is 
hereby  referred  to  for  further  particulars.  All 
persons  interested  are  hereby  required  to  show 
cause,  if  any  they  have,  why  such  report  should 
not  be  adopted  and  confirmed  by  such  board  of 
supervisors. 

All  objections  to  such  adoption  of  such  report 
shall  be  in  writing  and  signed  by  the  person  ob- 
.iecting.  giving  post  office  address,  and  filed  with 
the  clerk  of  said  board  of  supervisors  on  or  before 
the day  of ,  189—. , 

Clerk  of  the  Board  of  Supervisors  of County. 

Sec.  16.  All  objections  shall  be  in  writing  and 
filed  with  the  clerk  of  the  board  of  supervisors, 
who  shall,  at  the  next  meeting     of     the  board 


Protection  Districts.  961 

(wheliier  an  adjourned  meeting,  a  regular  month- 
ly meeting,  or  a  special  meeting  called  for  that 
purpose)  after  the  day  fixed  in  the  notice  to  show 
cause,  lay  the  said  objections,  if  any  have  been 
filed,  before  the  said  board,  which  shall,  by  order, 
fix  a  time  for  hearing  the  same,  and  direct  the 
clerk  to  notify  the  objectors  in  the  manner  pre- 
scribed in  section  three  hereof.  At  the  time  fixed 
for  hearing,  or  at  such  other  time  as  the  hear- 
ing may  be  adjourned  to,  the  board  of  supervisors 
shall  hear  such  objections  and  pass  upon  the 
same;  and  at  such  time,  or  if  there  be  no  objec- 
tions, at  the  first  meeting  after  the  day  set  in 
such  order  to  show  cause,  or  such  other  time  as 
may  be  fixed,  shall  proceed  to  pass  upon  such  re- 
port, and  may  confirm,  correct,  or  modify  the 
same,  or  may  order  the  commissioners  to  make  a 
new  assessment,  report,  and  plat,  which  shall  be 
filed,  notice  given,  and  hearing  had  as  in  the  case 
of  an  original  report.  When  such  report  has  been 
adopted  and  confirmed,  the  said  board  may,  by 
order  entered  upon  its  minutes,  discharge  such 
commissioners,  and  their  authority  shall  there- 
upon cease. 

Sec.  17.  After  said  report  has  been  adopted  as 
provided  in  the  preceding  section,  the  board  of 
supervisors,  if  they  consider  the  sum  to  be  raised 
for  the  payment  of  the  expenses  of  such  work  or 
improvement  too  great  to  be  properly  expended  in 
one  year,  or  too  great  to  be  raised  in  one  year  by 
assessments  against  the  property  of  such  protec- 
tion district,  may,  by  order  entered  upon  its  min- 
utes, provide  that  any  part  of  such  expenses  shall 
be  raised  or  expended  in  one  year,  and  that  such 
assessments  shall  continue  for  a  number  of  years 
sufficient  to  raise  by  assessment,  and  expend,  the 
total  sum  required  by  such  report  for  the  work  or 
improvement.  When  the  board  has  determined 
the  sum  to  be  assessed  for  each  year,  and  the 
number  of  years  that  such  assessment  shall  con- 
tinue, they  shall  cause  the  clerk  of  the  board  of 
supervisors  to  forward  to  the  tax  collector  of  the 
county  in  which  such  district  is  situated,  a  certi- 
fied copy  of  the  report,  assessment,  and  plat  as 
adopted  and  confirmed  by  the  said  board  of  su- 
pervisors, together  with  a  certified  copy  of  the 
order  of  said  board,  fixing  the  sum  to  be  raised 
by  such  assessment  each  year  and  the  number  of 
Gen.  Laws— 81 


962  Protection  Districts. 

years  such  assessment  shall  continue,  and  from 
and  after  the  filing  of  such  certified  copy  the 
charges  assessed  upon  each  piece  of  land  or  im- 
provement thereon  for  the  first  year  shall  become 
due  and  payable  immediately  and  shall  constitute 
a  lien  thereon;  and  thereafter  the  assessments  for 
the  succeeding  years  shall  become  due  and  paya- 
ble on  the  first  day  of  October  of  each  year,  and 
5hall,  upon  becoming  due  and  payable,  constitute 
a  lien  upon  the  land  or  improvements  upon  which 
it  is  assessed.  Before  such  sums  become  delin- 
quent the  board  of  supervisors  shall  direct  the 
county  treasurer  to  transfer  from  the  monfey  then 
in  the  general  fund  of  such  county  to  the  fund 
raised  by  such  assessment,  a  sum  of  money  to  be 
named  in  the  order,  great  enough  to  pay  the  as- 
sessment made  against  the  county  for  that  year 
for  such  vt^ork  and  improvements. 

Sec.  18.  All  moneys  paid  upon  such  assess- 
ments, either  by  property  owners  or  by  the  coun- 
ty, and  moneys  received  from  any  source  for  the 
benefit  of  such  protection  district,  shall  be,  by 
the  county  treasurer,  placed  in  a  fund  to  be  call- 
ed  the Protection   District   Fund;  and   all 

payments  of  any  of  the  expenses  of  the  work  or 
improvements  or  other  expenses  of  such  district 
shall  be  made  upon  warrants  drawn  by  the  coun- 
ty auditor  upon  such  fund,  and  paid  by  such 
treasurer. 

Sec.  19.  Upon  the  filing  of  such  certified  copy 
of  such  report,  assessment  plat,  and  order  with  the 
tax  collector  of  the  county,  as  prescribed  in  sec- 
tion eighteen  hereof,  the  county  tax  collector 
shall  give  notice,  by  ten  days'  publication  in  a 
newspaper  printed  in  the  county,  that  the  assess- 
ment  list   of   Protection    District    has     been 

filed  in  his  office,  with  the  date  of  such  filing: 
that  the  amounts  entered  thereon  are  due  and  pay- 
able; that  if  not  piiid  on  or  before  the  first  Mon- 
day in  January  next  ensuing,  the  same  will  be- 
come delinquent  and  will  be  collected  as  are  de- 
linquent taxes.  He  shall  note  on  satd  assessment 
list  all  assessments  paid,  giving  receipts  as  in  the 
payment  of  taxes,  and  shall  pay  all  money  col- 
lected into  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  money  collected  for 
taxes  is  paid  into  said  treasury.  All  subsequent 
collections  of  assessments  shall  be  made  in  the 


Protection  Districts.  963 

same  manner  above  set  forth,  and  the  tax  collec- 
tor shall  annually  (after  the  first  year),  immediate- 
ly after  the  first  day  of  October,  publish  a  notice 
containing  all  the  statements  required  to  be  made 
'.£  hereinbefore  in  this  section  set  forth,  and  the 
same  proceedings  shall  be  had  as  upon  the  col- 
lection of  the  first  assessment. 

Sec.  20.  When  said  assessments  have  become 
delinquent  the  tax  collector  of  such  county  shall 
proceed  to  collect  such  delinquent  assessments, 
with  five  per  cent  added  thereon,  and  pay  the 
same,  including  the  five  per  cent  so  collected, 
over  to  the  county  treasurer,  in  the  same  manner 
as  state  and  county  taxes  are  collected  and  paid 
over;  and  for  the  purpose  of  collecting  such  as- 
sessments and  delinquent  assessments  all  of  the 
provisions  of  chapter  seven,  title  nine,  part  three, 
of  the  Political  Code  not  in  conflict  with  any  of 
the  provisions  of  this  act  are  hereby  made  appli- 
cable to  the  collection  of  assessments  and  delin- 
quent assessments  in  such  protection  districts. 

Sec.  21.  If,  at  the  completion  of  such  worli  or 
improvements,  there  should  be,  from  any  cause,  a 
surplus  of  money  left  in  such  Protection  District 
Fund,  the  board  of  supervisors  may  ascertain  the 
pro  rata  amount  belonging  to  each  person  paying 
such  assessments,  and  upon  the  filing  of  claims  for 
such  rebate  properly  itemized,  shall  refund  such 
money  to  the  parties  who  paid  the  same;  and 
when  all  of  such  money  has  been  refunded,  shall, 
by  order,  direct  the  county  treasurer  to  abolish 
such  Protection  District  Fund. 

Sec.  22.  When  sufficient  money  is  in  such  Pro- 
tection District  Fund  to  pay  for  the  property 
taken  and  damaged,  according  to  the  award  of 
damages  made  in  the  report  adopted  by  the  board 
of  supervisors,  as  provided  in  section  seventeen 
hereof,  the  clerk  of  the  board  of  supervisors  shall 
notify  the  owner,  possessor,  or  occupant  of  any 
land  or  improvement  thereon  to  whom  damages 
shall  have  been  awarded,  that  such  award  has 
been  made,  and  the  amount  thereof,  and  that  upon 
such  person  filing  a  claim  and  tendering  a  convey- 
ance of  any  property  to  be  taken,  such  claim  will 
be  allowed  and  such  damages  paid.  Such  notice 
shall  be  given  by  depositing  such  notice  in  the 
post  oflace^at  the  county  seat  of  such  county,  post- 
age prepaid,  addressed  to  such  owner,  possessor, 


904  Protection  Districts. 

or  occupant,  if  liis  name  be  known.  In  case  the 
property  is  unoccupied,  and  ttie  name  of  the  own- 
ers is  unknown,  or  in  case  such  unoccupied  prop- 
erty is  set  down  as  belonging  to  unlvnown  owners 
for  the  reasons  given  in  section  fourteen  hereof, 
sucli  notice  shall  be  delivered  to  the  sheriff  or  to  a 
constable,  who  shall  serve  the  same  by  posting  a 
copy  in  a  conspicuous  place  upon  the  property 
named  in  said  notice,  and  indorse  a  certificate  of 
service  upon  the  original  notice,  and  file  the  same 
with  the  clerk  of  the  board  of  supervisors. 

Sec.  23.  Whenever  the  clerk  of  the  board  of  su- 
pervisors or  other  officer  is,  by  this  act,  empower- 
ed to  serve  any  notice  by  mailing,  a  certificate  of 
such  mailing,  in  conformity  to  the  provisions  of 
this  act  and  filed  with  the  records  of  such  supervi- 
sors, shall  be  sufficient  proof  of  such  service. 

Sec.  24.  If  any  award  of  damages  is  not  accept- 
ed within  fifteen  days  after  the  mailing  or  posting 
of  such  notice,  it  shall  be  deemed  as  rejected  by 
the  property  owner,  and  thereupon  the  board  of 
supervisors  may  direct  proceedings  to  pix)cure  the 
right  of  way  to  be  instituted,  in  the  name  of  the 
county,  by  the  district  attorney,  under  and  as  pro- 
vided in  title  seven,  part  three,  of  the  Code  of 
Civil  Procedure,  against  all  non-accepting  prop- 
erty owners:  and  when  thereunder  the  right  of 
way  is  procured,  the  work  or  improvement  must 
be  commenced  as  hereinafter  provided.  In  such 
suit  no  informality  in  the  proceedings  of  the 
board  of  supervisors,  or  in  the  proceedings  of  the 
commissioners,  shall  vitiate  said  suit,  but  the  said 
order  of  the  board  of  supervisors,  directing  the 
district  attorney  to  bring  suit,  shall  be  conclusive 
proof  of  the  regularity  thereof;  and  the  said  suit 
shall  be  determined  by  the  court  or  .iury  in  ac- 
cordance with  the  rights  of  the  respective  parties 
as  shown  in  court,  independent  of  said  proceed- 
ings before  said  board  of  supervisors  or  before 
said  commissioners. 

Sec.  25.  If  any  right  of  way,  attempted  to  be 
acquired  by  virtue  of  this  act,  shall  be  found  to 
be  defective  from  any  cause,  the  board  of  super- 
visors may  again  institute  proceedings  to  acquire 
the  right  of  way  as  in  this  act  provided,  or  other- 
wise, or  may  purchase  the  same  and  include  the 
cost  thereof  in  the  expenses  of  such  work  or  im« 
provement. 


Protection  Districts.  965 

Sec.  2G.  The  board  of  supervisors  shall  deter- 
mine the  amount  of  work  to  be  done  in  each  year 
and  the  place  where  such  work  is  to  be  done,  and 
may  let  a  contract  for  any  portion  of  such  work 
that  they  may  think  proper.  When  the  work  is 
let  by  contract,  either  as  a  whole  work  or  for  a 
portion  thereof,  the  board  shall  give  notice,  by 
publication  thereof,  not  less  than  ten  days,  in  a 
newspaper  published  in  such  county,  calling  for 
bids  for  the  construction  of  such  work,  or  of  any 
portion  thereof;  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must 
be  particularly  described  in  such  notice.  Said 
notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that 
the  board  will  receive  sealed  proposals  therefor, 
and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for 
opening  said  proposal,  and  how  such  sealed  pro- 
posals shall  be  addressed,  which,  at  the  time  and 
place  appointed,  shall  be  opened,  and,  as  soon 
thereafter  as  convenient,  the  board  shall  let  said 
work,  either  in  portions  or  as  a  whole,  to  the 
lowest  responsible  bidder:  or  they  may  reject  any 
and  all  bids  and  readvertise  for  proposals.  Any 
person  or  persons  to  whom  a  contract  may  be 
awarded  shall  enter  into  a  bond,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  board,, 
payable  to  said  county  for  the  use  of  such  pro- 
tection district,  for  double  the  amount  of  the  con- 
tract price,  conditioned  for  the  faithful  perform- 
ance of  said  contract.  The  work  shall  be  done 
under  the  direction  and  to  the  satisfaction  of  the 
board  of  supervisors. 

Sec.  27.  If,  according  to  the  survey  and  mai> 
as  adopted  by  the  board  of  supervisors,  as  pro- 
vided in  section  seven  hereof,  it  is  necessary,  in 
order  to  shorten  or  straighten  the  course  of  any 
innavigable  stream,  to  dig  canals,  cut  off  bends,, 
change  the  channel  or  course  of  such  sti-eam.  or 
to  turn  the  water  from  its  present  channel  into  a 
former  but  now  dry  channel,  then  such  work 
shall  be  considered  as  the  straightening  of  the 
channel  and  course  of  such  innavigable  stream, 
and  all  of  the  provisions  of  this  act  are  hereby 
declared  to  be  applicable  to  such  work. 

Sec.  28.  If.  at  any  time,  in  the  opinion  of  the 
board  of  supervisors,  the  expenditure  of  money  is 
absolutely  necessary  to  the  welfare  of  such  pro- 


966        Public  Administrator— Public  Debt. 

tectiou  district,  and  there  is  no  money  in  the  fund 
of  such  district  to  make  such  necessary  expendi- 
ture, or  the  money  in  such  fund  is  insufficient  t" 
make  such  necessary  expenditure,  then  the  board 
of  supervisors  may  advance  such  money  out  of 
the  general  fund  of  the  county,  and  the  same 
shall  be  a  credit  to  the  county  as  a  payment  of 
the  assessments  against  the  county  to  that  ex- 
tent;  or  if  such  money  advanced  shall  exceed  the 
assessments  against  the  county,  then  as  soon  as 
there  is  sufficient  money  in  the  fund  of  such  pro- 
tection district  to  pay  the  excess,  the  board  of 
supervisors  shall  direct  the  county  treasurer  to 
transfer  to  the  general  fund  from  the  fund  of 
such  protection  district,  a  sum  great  enough  to 
balance  the  accounts. 

Sec.  29.  The  provisions  of  this  act  shall  be  lib- 
erally construed  to  promote  the  objects  thereof. 

This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passaare. 

The  former  act  for  the  formation  of  protection 
districts  may  be  found  in  statutes  of  1880,  p.  55. 
[Ban.  ed.  227. J  This  act  was  amended  March  19, 
1889,  Stats.  1889,  p.  366. 


TITLE  217. 

PUBLIC  ADMINISTRATOR. 

Acts    relating   to,    see    Political    Code.    Appendix, 
title,  Public  Administrator,  p.  1059. 


TITLE  218. 
PUBLIC  DEBT. 

An  act  to  provide  for  the  redemption  and  pay- 
ment of  certain  funded  debt  bonds  of  this 
state,  together  with  interest  thereon,  making 
an  appropriation  therefor,  and  authorizing  the 
state  controller  and  state  treasurer  to  transfer 
the  sum  of  one  hundred  and  twenty  thousand 
dollars  from  the  general  fund  to  the  interest 
and  sinking  fund  to  carry  out  the  provisions 
of  this  act. 


Public  Debt.  967 

This  act  was  approved  Feb.  27.  1893,  Stats.  1893, 
p.  49. 


An  act  to  provide  for  the  payment  of  funded  in- 
debtedness of  the  state  of  California,  and  to 
contract  a  funded  debt  for  that  purpose. 
[Approved  March  31,  1891;    Stats.  1891,  p.  210.] 
The  act  created  a  board  of  comraissioners  to  is- 
sue bonds  for  the  purpose  indicated  and  provided 
for  the  sale  and  redemption  of  the  bonds. 

An  act  to  provide  for  the  payment  of  all  private 
claims  allowed  by  the  legislature  of  the  thirty- 
first  session,  out  of  the  revenues  of  the  forty- 
seventh   fiscal   year. 

[Approved  March  28,  1895;  Stats.  1895,  chap, 
ccxx.     In  effect  immediately.] 


An  act  authorizing  the  common  council,  board  of 
trustees,  or  other  soverning  body  of  any  incor- 
porated city  or  v-wn  other  than  cities  of  th*^ 
first  class  to  refund  its  indebtedness,  to  issue 
tonds  therefor,  and  to  provide  for  the  pay- 
ment of  the  same. 

[Stat,  approved  March  9,  1897;  Stats.  1897,  chap 
Ixxxii.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Sec.  1.  The  common  council,  board  of  trustees 
or  other  governing  body  of  any  incorporated  city 
or  town  other  than  cities  of  the  first  class,  in  this 
state,  having  an  outstanding  indebtedness,  evi- 
denced by  bonds  or  warrants  thereof,  is  empow- 
ered, by  a  two-thirds  vote  of  its  number,  to  fund 
or  refund  the  same  and  issue  bonds  of  such  city 
or  town  therefor  in  sums  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dji- 
lars  each,  and  having  not  more  than  forty  years 
to  run,  and  bearing  a  rate  of  interest  not  exceed- 
ing six  per  cent,  per  annum,  payable  semi-annu- 
ally; provided,  that  no  indebtedness  shall  be  re- 
funded at  a  higher  rate  of  interest     than     that 


968  Public  Debr. 

borne  by  the  original  debt.  Such  bonds  shall  be 
of  the  character  known  as  "serials,"  not  less  than 
one  fortieth  of  the  principal  being  payable  each 
year,  together  with  the  interest  due  on  all  sums 
unpaid.  Principal  and  interest  on  said  bonds 
shall  be  payable  in  gold  coin  or  other  lawful 
money  of  the  United  States,  as  may  be  expressed 
in  said  bonds,  at  the  office  of  the  treasurer  of  said 
city  or  town.  Said  bonds  shall  be  sold  in  the 
manner  provided  by  such  city  council  or  other 
governing  body,  to  the  highest  bidder  therefor, 
for  not  less  than  their  face  value,  in  the  same 
character  of  money  as  that  in  which  they  are 
payable.  The  proceeds  of  such  sale  shall  be 
placed  in  the  treasury  of  such  city  or  town  to  the 
credit  of  the  "funding  fund,"  and  shall  be  applied 
only  to  refunding  the  indebtedness  for  which  said 
bonds  were  issued.  Said  trustees,  or  other  gov- 
erning body,  shall  at  the  time  for  fixing  the  gen- 
eral tax  levy  for  each  year,  and  in  the  same  man- 
ner as  such  tax  levy  is  made,  levy  and  collect 
sufficient  money  to  pay  one-fortieth  part  of  the 
principal  of  said  bonds  issued  under  this  act,  and 
also  the  annual  interest  upon  the  sums  unpaid. 

Sec.  2.  Whenever  sufficient  money  is  in  the 
funding  fund,  in  the  hands  of  the  treasurer,  to  re- 
deem one  or  more  of  the  outstanding  bonds  pro- 
posed to  be  refunded,  he  shall  publish  once  a  week 
for  two  weeks  in  some  newspaper  of  general  cir- 
culation published  in  such  city  or  town,  if  there 
be  any,  a  notice  to  the  effect  that  he  is  prepared 
to  pay  such  bond  or  bonds  (giving  the  number 
thereof),  and  if  the  same  are  not  presented  for  re- 
demption within  thirty  days  after  the  first  publi- 
cation of  such  notice,  the  interest  on  such  bonds 
will  cease.  He  shall,  at  the  same  time,  deposit  ii- 
the  post  ofiice  a  copy  of  such  notice,  inclosed  in  a 
>'ealed  envelope,  with  the  postage  paid  thereon,  ad- 
dressed to  the  owner  or  owners  of  such  bond  or 
bonds,  at  the  post  office  address  of  such  owner  or 
owners,  as  shown  by  the  record  thereof  kept  in 
the  treasurer's  office.  If  such  bond  or  bonds  are 
not  presented  within  the  time  specified  in  such 
notice,  the  interest  thereon  shall  then  cease,  and 
the  amount  due  be  set  aside  for  the  payment  of 
the  same,  whenever  presented.  All  redemption  of 
bonds  shall  be  made  according  to  the  priority  in 


Public  Debt.  969 

the  order  of  their  issuance,  beginning  at  the  first 
number.  Whenever  such  outstanding  bonds  are 
surrendered  and  paid,  the  treasurer  shall  proceed 
to  cancel  the  same  by  indorsing  on  the  face  there- 
of the  amount  for  which  they  ai'e  received,  the 
word  "canceled"  and  the  date  of  cancellation.  He 
shall  also  keep  a  record  of  such  bonds  so  re- 
deemed, and  shall  malve  a  report  of  the  same  to 
the  common  council,  or  other  governing  body  of 
such  city  or  town,  at  least  once  a  month,  accom- 
panying the  same  therewith  by  the  bonds  which 
have  been  talxen  up  and  canceled. 

Sec.  3.  All  moneys  which  shall  remain  in  said 
funding  fund  after  all  outstanding  bonds  as  were 
proposed  to  be  refunded  have  been  taken  up  and 
canceled,  shall  be  paid  into  the  general  fund  of 
such  city  or  town,  and  become  a  part  thereof. 

Sec.  4.  Chapter  eighty-two  of  the  statutes  of 
eighteen  hundred  and  eighty-three,  chapter  forty- 
eight  of  the  statutes  of  eighteen  hundred  and 
ninety-three,  and  chapter  one  hundred  and  seven- 
ty-six of  the  statutes  of  eighteen  hundred  add 
ninety-five,  all  being  laws  of  the  state  of  Califor- 
nia in  conflict  herewith,  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in 
force  immediately  after  its  passage. 

This  act  repealed  the  act  of  March  15,  18S3; 
Stats.  1883,  p.  370.  and  the  amendatory  act  of 
March  27,  1895;  Stats.  1895,  p.  203,  providing  for 
the  refunding  of  indebtedness  and  the  issuing 
of  bonds. 


An  act  to  provide  for  the  funding  of  certain  in- 
debtedness of  the  several  counties  of  th's 
state,  and  the  issuance  of  bonds  therefor. 

[Approved  February  26,  1889;  1889,  37.1 

Outstanding  indebtedness  of  counties,  when  may 
be  funded. 
Sec.  1.  Whenever  any  county  shall  have  had, 
at  twelve  o'clock  meridian,  on  the  first  day  of 
January  eighteen  hundred  and  eighty,  an  out 
standing  indebtedness  evidenced  by  bonds  or  war 
rants  thereof,  theretofore  legally  issued,  and  such 
indebtedness,  or  any  part  thereof,  shall  have  been 
thereafter  paid  out  of  the  income  and  revenue  r*-- 


970  Public  Debt. 

ceived  by  such  county  since  ttiat  date,  and  such 
county  shall  have  since  that  date  legally  incurred 
an  indebtedness  evidenced  by  warrants  thereof, 
and  which  warrants  shall  not  have  been  paid  by 
reason  of  such  application  of  the  current  revenues 
of  such  county  to  the  payment  of  the  indebted- 
ness of  former  years,  the  board  of  supervisors  of 
such  county,  by  a  vote  of  two  thirds  of  all  the 
members  thereof,  are  empowered,  if  they  deem 
it  for  the  public  interest,  to  fund  such  last-men- 
tioned indebtedness  and  to  issue  bonds  of  such 
county  therefor,  in  the  manner  provided  in  sub- 
division fourteen  of  section  twenty-five  of  an  act 
entitled  "An  act  to  establish  a  uniform  system  of 
county  and  township  governments,"  approved 
March  fourteenth,  eighteen  hundred  and  eighty- 
three;  and  all  the  provisions  of  said  subdivision 
of  said  section  shall  apply  to  the  issuance,  dis- 
posal, and  payment  of  such  bonds,  and  to  the  levy 
of  taxes  for  the  redemption  of  the  same,  except  as 
herein  otherwise  provided. 
AVhen  not  permitted. 

Sec.  2,  No  indebtedness  of  such  county  shaU  he 
funded  under  the  provisions  of  this  act  which  in 
any  year  exceeded  the  income  and  revenue  pro- 
vided for  such  county  for  such  year,  nor  which 
shall  exceed  the  amount  of  the  current  revenue 
■«A  hich  shall  have  been  so  applied  to  the  payment  of 
indebtedness  outstanding  at  twelve  o'clock  meri- 
dian on  the  first  day  of  January,  eighteen  hundred 
and  eighty. 
Statement. 

Sec.  3.  Such  bonds  shall,  in  addition  to  the 
matters  required  to  be  stated  therein  by  the  pro- 
visions of  the  above-mentioned  act,  contain  a 
statement  that  they  are  issued  under  the  authorUv 
of  this  act,  referring  to  the  same  by  its  title  and 
date  of  passage. 
Exchange  of  bonds  for  warrants  of  county. 

Sec.  4.  Such  bonds,  when  issued,  may  be  ex- 
changed by  the  county  treasurer,  under  the  direc- 
tion of  the  board  of  supervisors,  only  for  warrants 
of  such  county  legally  issued  since  twelve  o'clo:3k 
meridian  on  the  first  day  of  January,  eighteen 
hundred  and  eighty,  which,  together  with  war- 
rants theretofore  issued,  did  not,  in  any  year  ex:- 
ceed  the  income  and  revenue  provided  for  suc'i 


Public  Debt.  971 

county  for  such  year,  and  which  shall  remain  un- 
paid because  the  revenue,  otherwise  applicablf^  to 
the  payment  of  the  same,  shall  have  b&en  so  ap- 
plied to  the  payment  of  the  indebtedness  of  former 
years.  If  any  portion  of  such  bonds  shall  be  sold 
for  money,  the  proceeds  thereof  shall  be  applied 
exclusively  to  the  payment  of  the  warrants  men- 
tioned in  this  section. 
Sec.  5.  This  act  shall  take  effect  immediately. 
• 

An  act  authorizing  the  board  of  supervisors  of  any 
county,  or  any  subdivision  of  a  county,  having 
a  bonded  debt,  to  refund  such  debt  at  a  less 
rate  of  interest. 

[Approved  March  18,  1885.] 
Sec.  1.  When  any  county  in  this  state,  or  any 
subdivision  thereof,  has  an  existing  bonded  debt, 
tiiC  board  of  supervisors  of  such  county  may,  at 
any  time  after  it  has  become  known  that  any  per- 
son or  persons,  company,  firm,  or  corporation  is 
willing  to  purchase  such  bonds  at  a  lower  rate  of 
interest  than  the  bonds  already  in  existence  bear, 
refund  such  indebtedness,  or  any  part  thereof,  by 
issuing  new  bonds,  of  the  same  denomination  and 
in  the  same  form  as  the  existing  bonds,  and  sub- 
stituting such  new  issue  for  the  existing  bonds. 

Sec.  2.  Before  taking  any  steps  to  refund  such 
bonded  indebtedness,  as  provided  in  the  preceding 
section,  the  board  of  supervisors  shall  notify  the 
holder  or  holders  of  existing  bonds,  either  by  per- 
sonal service  or  by  publication  for  one  month  in 
the  official  county  newspaper,  that  unless  he  or 
they  shall,  within  thirty  days  after  the  service  of 
such  notice,  present  the  bonds  held  by  him  or 
them  to  such  board  of  supervisors,  at  a  place  to  be 
stated  in  said  notice,  and  consent  to  a  reduction 
of  the  interest  thereon  to  as  low  a  rate  as  is  of- 
fered by  any  other  person  or  persons,  firm,  com- 
pany, or  corporation,  the  board  of  supervisors  will 
proceed  to  cancel  such  bonds  by  payment  of  the 
principal  and  interest  thereon  accrued. 

Sec.  3.  The  board  of  supervisors  of  any  county 
in  which  such  bonds  have  been  issued  is  hereby 
authorized  to  cancel  at  any  time  any  outstanding 
bonds  by  paying  the  principal  and  interest  due 
thereon  at  the  time  of  cancellation,  and  issuing  in 
lieu  thereof  new  bonds  at  a  less  rate  of  interest. 


972  Public  Debt. 


An  act  providinji-  for  submitting  to  a  vote  of  the 
qualified  electors  of  a  county,  oi*  city  and 
county,  a  proposal  to  issue  bonds. 

[Approved  March  15,  1883;  1883.  375.] 

Issue  of  bonds  to  be  submitted  to  vote 

Sec.  1.  Any  county,  or  city  and  county,  in 
which  the  board  of  supervisors  may  declare  by 
lesolution  that  the  income  and  revt-.nue  provided 
for  it  for  the  fiscal  year  ending  Jane  thirtieth, 
eighteen  hundred  and  eighty-three,  will  not  be 
sufficient  to  carry  on  the  government  of  such 
county,  or  city  and  county,  until  th-i  commence- 
ment of  the  fiscal  year  beginning  July  first,  eight- 
een hundred  and  eighty-three,  may,  by  resolution 
adopted  by  a  majority  of  such  board,  and  with  the 
approval  of  the  presiding  oflicer  thereof,  submit 
to  a  vote  of  the  qualified  electors  of  such  county, 
or  city  and  county,  a  proposition  to  issue  the 
bonds  of  such  county,  or  city  and  county,  in  a  sum 
not  to  exceed  five  hundred  thousard  dollars,  in 
accordance  with  section  eighteen  of  article  eleven 
of  the  constitution  of  the  state  of  CnMfornia. 
Sunervisors  to  issue  and  negotiate. 

Sec.  2.  The  said  board  of  supervisors  are  grant- 
ed full  power  and  authority  to  provide  by  ordi- 
nance for  the  printing,  signing,  custody,  redemp- 
tion, and  issuance  of  all  bonds  under  the  provi- 
sions of  this  act,  and  for  their  negotiation,  sale,  or 
exchange  for  cash,  or  for  county,  or  city  and  coun- 
ty indebtedness:  provided,  that  said  bonds  shall 
not  be  sold  below  par. 
Sinking  fund  created. 

Sec.  3.  Before  any  election  is  held  to  determine 
the  question  of  the  issuance  of  said  bonds,  the 
board  of  supervisors  may  provide  bv  ordinance 
for  the  collection  of  an  annual  tax  sufficient  to 
pay  the  interest  on  any  bonds  which  may  be  is- 
sued under  the  provisions  of  this  act,  as  said  in- 
terest falls  due,  and  also  to  constitute  a  sinking 
fund  to  pay  the  principal  of  said  bonds  at  a  time 
to  be  fixed  by  said  board  of  supervisors,  not  more 
than  twenty  years  from  the  date  of  the  passage  of 
said  ordinance. 


Public  Debt.  9T3 

Calling  of  election. 

Sec.  4,  Whenever  the  said  board  of  supervisors 
shall,  by  resolution,  so  request,  it  shall  be  the 
duty  of  all  officers,  boards,  and  commissioners,  to 
call  an  election  as  herein,  and  by  said  board  of 
supervisors  provided  for,  and  at  the  time  (which 
shall  not  be  less  than  ten  days)  provided  for  by 
said  board  of  supervisors;  and  at  said  election  the 
registers  used  at  the  last  general  or  special  elec- 
tion shall  be  used  vv^ithout  new  registration. 

Sec.  5.  This  act  shall  be  in  force  from  and  after 
its  passage. 


An  act  to  authorize  the  several  counties  of  this 
state  to  create  a  bonded  indebtedness  for  cer- 
tain purposes. 

[Approved  March  19,  1889;  1889,  348.] 

Issuance  of  bonds  to  pay  county  indebtedness,  not 
created  by  law,  to  be  submitted  to  a  vote. 

Section  1.  Whenever  it  shall  appear  to  the  sat- 
isfaction of  the  board  of  supervisors  of  any  coun- 
ty of  this  state  that  said  county  is  justly  indebted 
to  any  person  or  persons  for  money  received  into 
the  treasury  of  said  county,  and  used  by  said 
county,  and  which  said  indebtedness  at  the  time 
of  its  creation  was  not  authorized  by  law,  they 
shall,  by  ordinance,  declare  that  said  county  is 
justly  indebted  to  the  person  or  persons  named  in 
said  ordinance,  in  a  sum  named  therein,  and  that 
the  question  of  issuing  bonds  in  the  sum  therein 
Tiamed,  for  the  purpose  of  paying  said  debt,  shall 
be  submitted  to  a  vote  of  the  legal  voters  of  said 
county. 
Notice  of  election. 

Sec.  2.  Xhe  supervisors  of  said  county  shall 
thereupon  publish  a  notice  calling  an  election  to 
be  held  in  said  county,  submitting  to  the  voters 
of  said  county  the  question  whether  said  bonds 
shall  be  issued  or  not.  The  notice  shall  state  the 
amount  of  bonds  to  be  issued,  the  purpose  for 
which  they  are  issued;  said  notice  shall  be  pub- 
lished, and  the  election  held  as  provided  by  sec- 
tion thirty-seven  of  the  act  oi  the  legislature  of 
the  state  of  California,  entitled  "An  act  to  estab- 
Gen.  Laws— 82. 


974  I'ublic  Debt. 

lish  a  uniform   system  of  county    and  township 
governments,"  approved  March  fourteenth,  eight- 
een hundred  and  eighty-three. 
Return. 

Sec.  3.  If  upon  return  of  the  election  it  shall 
appear  that  two  thirds  of  all  the  voters  voting  at 
such  election  have  voted  in  favor  of  issuing  said 
bonds,  the  supervisors  are  required  to  issue  bonds 
in  the  sum  named  in  the  notice  of  election,  paya- 
ble to  the  creditors  named  in  said  ordinance;  said 
bonds  shall  bear  interest  at  the  rate  of  five  per 
cent,  per  annum,  and  shall  be  payable  at  such 
time  as  the  board  of  supervisors  shall  order,  not 
exceeding  twenty  years  from  date.  They  shall  be 
signed  by  the  chairman  of  the  board  of  super- 
visors and  county  clerk. 
Tax  levy  to  pay  interest. 

Sec.  4.  It  shall  be  the  duty  of  the  board  of  su- 
pervisors each  year  to  levy  a  tax  sufficient  to  pay 
the  annual  interest  on  said  bonds,  and  to  pay  the 
principal  as  the  same  shall  become  due. 

This  act  is  to  take  effect  from  and  after  its  pass- 
age. 


An  act  to  authorize  cities  of  not  less  than  twenty- 
six  thousand  nor  more  than  thirty  thousand 
inhabitants,  to  vote  upon  the  question  of  pay- 
ing indebtedness  incurred  in  the  years  1889 
and  1890. 

[Approved  February  20,  1891:  Stats.  1891,  p.  8.] 

Sec.  1.  The  board  of  trustees  or  the  governing 
body  of  all  cities  of  not  less  than  twenty-six  thou- 
sand nor  more  than  thirty  thousand  inhabitants 
are  hereby  authorized  to  submit  to  the  qualified 
electors  of  such  city,  at  either  a  general  or  muni- 
cipal election  in  said  city,  or  special  election,  the 
question  whether  or  not  anv  indebtedness  in- 
curred by  or  claimed  to  be  due  from  said  city, 
contracted  in  the  years  eighteen  hundred  and 
eighty-nine  and  eighteen  hundred  and  ninety, 
shall  be  paid. 

Sec.  2.  Said  board  of  trustees  or  other  govern- 
lixg  body  shall  specify  particularly,  in  the  proclam- 
ition  for  such  election,  the  amount  of  the  claimed 


Public  Debt.  975 

indebtedness,  and  for  what  services  it  is  claimed 
to  be  due,  and  shall  specify,  if  the  election  is  a 
special  one,  the  form  of  ballots  to  be  used  by  the 
electors,  and  the  time,  place  and  manner  of  hold- 
ing said  election  and  canvassing  the  returns 
tnereof,  and  declaring  the  result  thereof.  If 
said  question  is  voted  upon  at  a  general 
or  municipal  election,  the  ballots  shall  con- 
tain the  words,  "For  the  payment— Yes"  and  "For 
the  payment— No,"  in  addition  to  the  other  mat- 
ters contained  therein. 

Sec.  3.  If  two  thirds  of  the  votes  cast  upon 
such  question  vote  in  the  affirmative,  the  said 
board  of  trustees  or  other  governing  body  shall 
immediately  order  paid,  as  other  claims  against 
said  city  are  paid,  the  said  amount  so  voted;  and 
for  that  purpose  shall  be  and  are  hereby  author- 
ized to  incorporate  the  said  amount  in  the  next 
tax  levy,  if  the  same  has  not  been  already  levied, 
for  the  year  in  which  such  election  is  held;  and 
if  such  tax  levy  has  been  levied,  then  they  shall 
make  a  new  assessment  and  levy  for  the  said 
amount  using  the  last  assessment  roll  as  a  basis 
therefor. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


An  act  to  prohibit  the  creation  of  debts  against 
the  state  in  excess  of  appropriations  made  by 
law  except  in  cases  of  actual  necessity,  and  on 
consent  of  the  board  of  examiners. 
[Approved  March  23,  1893;  Stats.  1893,  p.  285.] 

Sec.  1.  No  officer  or  employee  in  the  service  of 
the  state  shall  have  power  to  create  any  deficiency 
in  excess  of  any  appropriation  o^  money  made  by 
law,  except  in  case  of  actual  necessity,  and  only 
then  upon  the  written  authority,  first  obtained,  of 
the  governor,  secretary  of  state,  and  attorney-gen- 
eral; and  any  indebtedness  attempted  to  be  creat- 
ed against  the  state  in  violation  of  the  provisions 
of  this  act  shall  be  absolutely  null  and  void,  and 
shall  not  be  allowed  by  the  state  board  of  examin- 
ers. 

Sec.  2.  This  act  shall  take  effect  from  and  after 
its  passage. 


97G  Public  Health. 

TITLE  219. 
PUBLIC  HEALTH. 

Act  relating  to,  see  Peual  Code,  Appendix,  title, 
Public  Healtli,  p.  608. 

An  Act  to  create  the  office  of  attorney  for  the  state 
board  of  health  and  the  boav'd  of  health  of  the 
city  and  county  of  San  Francisco. 
L Approved  March  31,  1891:  Stats.  1891,  p.  209.] 


An  Act  to  appropriate  money  to  prevent  the  intro- 
duction of  contagious  diseases. 
[Approved  March  23,  1893;  Stats.  1893,  p.  189.] 
Fifty  thousand  dollars  was  appropriated. 

An  Act  to  appropriate  money  to  prevent  the  in- 
troduction of  contagious  and  infectious  dis- 
eases. 

[Approved  March  4,  1887;  1887,  18.] 
Ten  thousand  dollars  was  appropriated  for  this 
purpose. 

An  Act  to  prevent  the  introduction  of  contagious 
or  infectious  diseases  into  the  state  of  Cali- 
fornia. 

[Approved  March  15,  1883;  1883,  376.] 

Railroad  cars  to  be  inspected. 

Section  1.  Whenever  there  shall  exist,  in  the 
opinion  of  the  state  board  of  health,  imminent 
danger  of  the  introduction  of  contagious  or  infec- 
tious diseases  into  the  state  of  California,  by 
means  of  railroad  communication  with  other 
states,  the  said  state  board  of  health  are  author- 
ized, and  it  is  hereby  made  tlieir  duty,  to  make 
or  cause  to  be  made,  by  an  accredited  agent  or 
inspector,  an  Inspection  of  all  railroad  cars,  com- 
ing into  the  state  at  such  point,  or  between  such 
points  within  the  state  limits  as  may  be  selected 
for  the  purpose. 


Public  Health.  977 

Detention  of  train  a  minimum. 

Sec.  2.  Such  inspection  shall  be  made,  where 
practicable,  during  the  ordinary  detention  of  a 
train  at  a  station,  or  while  in  transit  between  sta- 
tions, and  in  all  cases  shall  be  so  conducted  as  to 
occasion  the  least  possible  detention  or  interrup- 
tion of  travel  or  inconvenience  to  the  railroad  com- 
panies, so  far  as  consistent  with  the  purposes  of 
this  act. 
Infected  cars  to  be  side-tracked. 

Sec.  3.  Should  the  discovery  be  made  of  the  ex- 
istence among  the  passengers  of  any  case  or  cases 
of  dangerous,  contagious,  or  infectious  disease,  the 
said  board  of  health,  or  their  agent  or  inspector, 
under  rules  and  conditions  prescribed  by  them  as 
being  applicable  to  the  nature  of  the  disease,  shall 
have  power  to  cause  the  side-tracking  or  deten- 
tion of  any  car  or  cars  so  infected,  to  isolate  the 
sick  or  remove  them  to  a  suitable  place  for  treat- 
ment, to  establish  a  suitable  refuge-station,  to 
cause  the  passengers  and  materials  in  such  infect- 
ed car  to  be  subjected  to  disinfection  and  cleansing 
before  proceeding  farther  into  the  state,  and,  in 
the  case  of  small-pox,  to  offer  free  vaccination  to 
all  persons  exposed  in  any  car  or  at  any  station. 
Appropriation. 

Sec.  4.  The  sura  of  five  hundred  dollars  is  here- 
by appropriated  out  of  any  moneys  in  the  treasury 
jiot  otherwise  appropriated,  to  be  expended  solely 
for  the  purposes  of  this  act,  and  all  expenditures 
herein  authorized  shall  be  specified  in  an  itemized 
account  to  be  presented  to  the  state  board  of  ex- 
aminers, and  paid  as  other  demands  on  the  treas- 
ury are  paid;  provided,  that  in  no  case  shall  the 
sum  expended  exceed  that  herein  specially  appro- 
priated for  the  purpose. 

Sec.  5.  This  act  shall  take  effect  from  and  after 
its  passage. 


An  Act  to  authorize  the  state  board  of  health  to 
purchase  and  manufacture  diphtheria  anti-tox- 
ine,  and  to  appropriate  six  thousand  dollars 
therefor. 

[Approved  March  12,  1895;  Stats.  1895,  chap, 
xxxix.,     In  effect  immediately.] 


978  Public  Health. 

An  act  to  establish  and  maintain  a  dispensary  in 
the  city  of  Sacramento. 

[Approved  March  23,  1872;  1871-2,  531.] 


An  Act  entitled  "An  act  to  grant  to  boards  of 
health  in  cities,  and  cities  and  counties,  the 
power  to  regulate  the  plumbing  and  drainage 
of  buildings." 

[Approved  March  15,  1883;  1883,  366.] 
Plumbers  required  to  register. 

Section  1.  Every  master  or  journeyman  plumb- 
er carrying  on  his  trade  shall,  under  such  rules 
and  regulations  as  the  board  of  health  of  such 
county,  or  city  and  county,  shall  prescribe,  regis- 
ter his  name  and  address  at  the  health-office  of 
such  county,  or  city  and  county;  and  after  the 
said  date  it  shall  not  be  lavrful  for  any  person  to 
carry  on  the  trade  of  plumbing  in  any  county,  or 
city  and  county,  unless  his  name  and  address  be 
registered  as  above  provided. 
Publication. 

Sec.  2.     A  list  of  the  registered  plumbers  shall 
be  published  in  the  yearly  report  of  the  health- 
office. 
Board  of  health  to  approve  plans. 

Sec.  3.  The  drainage  and  plumbing  of  all  build- 
ings, both  public  and  private,  hereafter  erected  in 
any  county,  or  city  and  county,  shall  be  executed 
in  accordance  with  plans  previously  approved,  in 
writing,  by  the  board  of  health  of  said  county, 
or  city  and  county;  suitable  drawings  and  descrip- 
tion of  the  said  drainage  and  plumbing  shall,  in 
each  case,  be  submitted  and  placed  on  file  in  the 
health-office.  The  said  board  of  health  are  also 
authorized  to  receive  and  place  on  file  drawings 
and  descriptions  of  the  drainage  and  plumbing  of 
buildings  erected  prior  to  the  passage  of  this 
act. 
Supervisors  to  apportion  tax. 

Sec.  4.  The  boards  of  supervisors,  or  other  city 
or  county  officials,  whose  duty  it  is  to  make  ap- 
portionments for  the  board  of  health  of  such  coun- 
ty, or  city  and  county,  shall  make  the  necessary 


Public  Health.  979 

apportionments,  and  shall  insert  the  same  in  the 
yearly  tax  levy,  to  provide  for  carrying  out  the 
provisions  of  this  act. 
Court  of  record  may  enjoin. 

Sec.  5.  Any  court  of  record  in  said  county,  or 
city  and  county,  or  any  judge  or  justice  thereof, 
shall  have  power  at  any  time  after  the  service  of 
notice  of  the  violation  of  any  of  the  provisions  of 
this  act,  and  upon  the  affidavit  of  the  health-offi- 
cer or  a  member  of  the  board  of  health  of  such 
county,  or  city  and  county,  to  restrain  by  injunc- 
tion order  the  further  violation  named  in  this  act, 
or  of  any  work  upon  or  about  the  building  or 
premises  upon  which  the  said  violation  exists,  and 
no  undertaking  shall  be  required  as  a  condition 
to  the  granting  or  issuing  of  such  injunction  or 
by  reason  thereof. 

Sec.  6.  Any  person  violating  any  of  the  provis- 
ions of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Sec.  7.    This  act  shall  take  effect  immediately. 

An  act  to  grant  to  boards  of  health  or  health-offi- 
cers, in  cities,  and  cities  and  counties,  the 
power  to  regulate  the  plumbing  and  drainage 
of  buildings,  and  to  provide  for  the  registration 
of  plumbers. 

[Approved  March  3,   1885;  1885,   12.] 
License  from  board  of  health. 

Section  1.     It  shall  not  be  lawful  for  any  per- 
son to  carry  on  business,  or  labor  as  a  master  or 
journeyman  plumber,  in  any  incorporated  city,  or 
in  any  city  and  county,  in  this  state  until  he  shall 
have  obtained  from  the  board  of  health  of  said 
city  or  city  and  county  a  license  authorizing  him 
\  to  carry  on  business,  or  labor  as  such  mechanic, 
i   A  license  so  to  do  shall  be  issued  only  after  a  sat- 
'  isfactory  examination  by  the  board  of  each  appli- 
;  cant  upon  his  qualiflcations  to  conduct  such  busi- 
i  ness  or  to  so  labor.     All  applications  for  license, 
'  and  all  licenses  issued,   shall  state  the  name  in 
j  full,  age,  nativity,  and  place  of  residence  of  the 
applicant  or  person  so  licensed.     It  shall  be  the 
!  duty  of  the  secretary  of  each  board  of  health  to 
•  keep  a  record  of  all  such  licenses  issued,  together 
„  with  an  alphabetical  index  to  the  same.     [Amend- 


980  Public  Health. 

ment,  approved  March  9,  1887;  Stats.  1887,  p.  58. 
In  effect  immediately.] 

Publish  list  in  yearly  report. 

Section  2.  A  list  of  all  licensed  plumbers  shall 
be  published  in  the  yearly  report  of  the  health  offi- 
cer or  board  of  health.  [Amendment  approved 
March  9,  1887;  Stats  1887,  p.  58.  In  effect  imme- 
diately.] 
Plans  of  plumbing. 

Sec.  3.  The  drainage  and  plumbing  of  all  build- 
ings, both  public  and  private,  hereafter  erected  in 
any  city,  or  city  and  county,  shall  be  executed  in 
accordance  with  plans  previously  approved 
writing  by  the  board  of  health  of  said  city,  or  city 
and  county,  and  suitable  drawings  and  description 
of  the  said  drainage  and  plumbing  shall,  in  each 
case,  be  submitted  to  the  board  of  health,  and 
placed  on  file  in  the  health-office.  The  said  board 
of  health  is  also  authorized  to  receive  and  place 
on  file  drawings  and  descriptions  of  the  drainage 
and  plumbing  of  buildings  erected  prior  to  the 
passage  of  this  act. 
Tax  levy. 

Sec.  4.  The  board  of  supervisors,  or  other  city, 
or  city  and  county,  officials  whose  duty  it  is  to 
make  appropriations  and  tax  levies  for  general 
purposes  of  such  city,  or  city  and  county,  shall 
make  the  necessary  appropriations  and  tax  levies, 
and  shall  insert  the  same  in  the  yearly  tax  levy, 
to  provide  for  carrying  out  the  provisions  of  this 
act.  Such  appropriations  and  levy  shall  be  made 
at  the  same  time  and  in  the  same  manner  as  ap- 
propriations and  tax  levies  are  made  for  other  city, 
or  city  and  county,  purposes. 
Where  no  board  of  health. 

Sec.  5.  In  any  city,  or  city  and  county,  where 
there  is  under  existing  laws,  a  health-officer,  but 
no  board  of  health,  such  health-officer  shall  per- 
form all  the  duties  required  by  this  act  of  the 
board  of  health  until  a  board  of  health  shall  be 
created,  and  in  any  city,  or  city  and  county,  where 
there  is  no  health-officer  nor  board  of  health,  the 
board  of  supervisors  or  city  council,  or  other  mu- 
nicipal legislative  board  or  body,  shall  create  a 
board  of  health,  who  shall  perform  all  the  duties 
required  by  this  act  of  the  board  of  health  or 
health-officer. 


Public  Health.  981 

Injunction. 

Sec.  6.  Any  superior  court,  or  judge  thereof, 
shall  have  power  to  restrain  by  injunction  the  con- 
tinuance of  work  to  be  done  upon  or  about  build- 
ings or  premises  where  the  provisions  of  this  act 
have  not  been  complied  with,  and  no  undertaking 
shall  be  required  as  a  condition  to  the  granting  or 
issuing  of  such  injunction,  or  by  reason  thereof. 
Penalty. 

Sec.  7.  Any  person  violating  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  pun- 
ished accordingly. 

Sec.  8.    This  act  shall  take  effect  immediately. 


An  Act  to  encourage  and  provide  for  a  general 
vaccination  in  the  state  of  California. 

[Approved  February  20,  1889;  1889,  32.] 

Exclusion  of  children  from  schools  unless  vaccin- 
ated. 

Section  1.  The  trustees  of  the  several  common 
school  districts  in  this  state,  and  boards  of  com- 
mon school  government  in  the  several  cities  and 
towns,  are  directed  to  exclude  from  the  benefits 
of  the  common  schools  therein  any  child  or  any 
person  who  has  not  been  vaccinated,  until  such 
time  when  said  child  or  person  shall  be  successful- 
ly vaccinated;  provided,  that  any  practicing  and 
licensed  physician  may  certify  that  the  child  or 
person  has  used  due  diligence  and  cannot  be  vac- 
cinated so  as  to  produce  a  successful  vaccination, 
whereupon  such  child  or  person  shall  be  excepted 
from  the  operation  of  this  act. 
Notice  by  school  trustees. 

Sec.  2.  The  trustees  or  local  boards,  annually, 
or  at  such  special  times  to  be  stated  by  the  state 
board  of  health,  must  give  at  least  ten  days'  no- 
tice, by  posting  a  notice  in  two  or  more  public  or 
conspicuous  places  within  their  jurisdiction,  that 
provision  has  been  made  for  the  vaccination  of 
any  child  of  suitable  age  who  may  desire  to  a( 
tend  the  common  schools,  and  whose  parents  oi 
guardians  are  pecuniarily  or  otherwise  unable  to 
procure  vaccination  for  such  child. 


982  Public  Health. 

List  of  children  not  vaccinated. 

Sec.  3.  The  said  trustees  or  board  must,  within 
sixty  days  after  the  passage  of  this  act,  and  ev- 
ery year  thereafter,  ascertain  the  number  of  chil- 
dren or  persons  in  their  respective  school  districts 
or  subdivision  of  the  city  school  government  being 
of  an  age  suitable  to  attend  common  schools,  who 
have  not  been  already  vaccinated,  and  make  a  list 
of  the  names  of  all  such  children  or  persons.  It 
shall  also  be  the  duty  of  said  trustees  or  board  to 
provide,  for  the  vaccination  of  all  such  children 
or  persons  in  their  respective  school  districts,  a 
good  and  reliable  vaccine  virus  wherewith  to  vac- 
cinate such  children  or  persons  who  have  not  been 
vaccinated.  And  when  so  vaccinated,  to  give  a 
certificate  of  vaccination,  which  certificate  shall 
be  evidence  thereof  for  the  purpose  of  complying 
with  section  one. 
Expenses  for,  how  paid. 

Sec.  4.  The  necessary  expenses  incurred  by  the 
provisions  of  this  act  shall  be  paid  out  of  the 
common  school  moneys  apportioned  to  the  district, 
city,  or  town.  And  if  there  be  not  sufficient  mon- 
ey, the  trustees  must  notify  the  board  of  super- 
visors of  the  amount  of  money  necessary,  and  the 
board  must,  at  the  time  of  levying  the  county  tax, 
levy  a  tax  upon  the  taxable  property  in  the  dis- 
trict sufficient  to  raise  the  amount  needed.  The 
rate  of  taxation  is  ascertained  by  deducting  fifteen 
per  cent  for  delinquencies  from  the  assessment, 
and  the  rate  must  be  based  upon  the  remainder. 
The  tax  so  levied  must  be  computed  and  entered 
upon  the  assessment  roll  by  the  county  auditor, 
and  collected  at  the  same  time  and  in  the  same 
manner  as  state  and  county  taxes,  and  when  col- 
lected shall  be  paid  into  the  county  treasury  for 
the  use  of  the  district. 
Annual  report  of  trustees. 

Sec.  5.  The  trustees  of  the  several  school  dis- 
tricts of  this  state  are  hereby  required  to  include 
in  their  annual  report,  and  report  to  the  secretary 
of  the  state  board  of  health,  the  number  in  their 
several  districts  between  the  ages  of  five  and  sev- 
enteen years  who  are  vaccinated,  and  the  number 
unvaccinated. 

Sec.  6.    This  act  shall  take  effect  immediately. 


Public  Lands.  983 

TITLE  220. 

PUBLIC     LANDS. 

See  State  Lands;  reference  to  acts  relating  to. 
See  ante,  p.  551. 
Act  to  protect  settlers,  see  post.  Settlers. 

An  Act  for  the  better  protection  of  settlers  on  the 
public  lands  of  the  United  States  within  the 
state  of  California,  and  for  the  protection  and 
encouragement  of  persons  desirous  of  settling 
thereon. 

[Approved  March  15,  1887;  1887,  147.] 

Defining  crime,  and  punishment  for  violation. 

Section  1.  Every  person  who  shall  unlawfully 
prevent,  hinder,  or  obstruct  any  person  from 
peaceably  entering  upon  or  establishing  a  settle- 
ment or  residence  on  any  tract  of  public  land  of 
the  United  States  within  the  state  of  California, 
subject  to  settlement  or  entry  under  any  of  the 
public  land  laws  of  the  United  States;  or  who  shall 
unlawfully  hinder,  prevent,  or  obstruct  free  pass- 
age over  or  through  the  public  lands  of  the  United 
States  within  the  state  of  California,  for  the  pur- 
pose of  entry,  settlement,  or  residence,  as  afore- 
said, is  guilty  of  a  misdemeanor,  and  is  punishable 
by  fine  of  not  less  than  fifty  dollars  nor  more  than 
two  hundred  and  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  and 
may  be  punished  by  both  such  fine  and  imprison- 
ment, in  the  sound  discretion  of  the  court. 

Sec.  2.    This  act  shall  take  effect  immediately. 


984  Public  Market. 

TITLE  221. 

PUBLIC  MARKET. 

An  act  to  authorize  the  state  board  of  harbor 
commissioners  to  establish  and  maintain  a 
free  public  market  upon  the  waterfront  of  San 
Francisco,  and  providing  for  the  expenses  and 
regulations  thereof. 
[Stat,  approved  March  29,  1897;  Stats.  1897,  chap. 

clxxv.l 
The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 
Section  1.  The  board  of  state  harbor  commis- 
sioners shall  set  apart  upon  some  convenient  por- 
tion of  the  water-front  of  San  Francisco,  a  suflS- 
cient  number  of  docks  and  piers,  which  must  be 
contiguous  to  each  other,  for  the  reception  of  all 
perishable  products,  arriving  by  rail,  boat,  or 
other  conveyance,  including  fruit,  vegetables, 
eggs,  poultry,  game,  dairy  products,  and  fish, 
coming  into  San  Francisco  and  shall  permit  the 
sale  of  such  products  thereon,  by  or  for  account 
of  producers  only,  under  such  regulations  as  may 
be  prescribed  by  the  said  harbor  commissioners 
and  as  the  public  convenience  may  require. 

Sec.  2.  The  docks  and  piers  so  set  apart  for  a 
free  public  market  shall  be  as  convenient  as  possi- 
ble to  that  portion  of  the  city  and  county  of  San 
Francisco  in  which  the  principal  wliolesale  trade 
in  perishable  products  is  now  carried  on,  and 
must  be  so  situated  as  to  be  accessible  to  all 
water  craft  ordinarily  employed  in  carrying  such 
products  upon  the  waters  of  San  Francisco  bay, 
and  vessels  so  loaded  shall  have  the  preference  in 
docking  at  said  wharves  over  others  not  so  en- 
gaged. 

Sec.  3.  Docking  room  at  said  piers  shall  be  as- 
signed without  partiality  to  all  vessels  engaged 
in  the  transportation  of  such  products,  and  the 
space  assigned  shall  be  sufficient  to  permit  such 
vessels  regularly  running  upon  a  route  to  receive 
and  discharge  their  entire  cargoes  of  such  prod- 
ucts at  such  piers,  if  they  so  desire.  The  harbor 
commissioners  shall  construct  car  tracks  to  con- 
nect the  docks  and  piers  so  set  apart  for  the  free 
public   market   with   the   belt   railroad.     For   the 


Public  Market.  985 

use  of  these  1  racks  the  state  harbor  commission- 
ers shall  prescribe  such  regulations  as  public  con- 
venience may  require,  and  fix  the  compensation 
to  be  paid  by  the  companies  making  use  of  them 
for  this  purpose. 

Sec.  4.  The  harbor  commissioners  must  con- 
struct suitable  tramways  and  tracks  or  other  de- 
vices for  the  rapid  conveyance  of  perishable 
products  from  car  or  boat  or  other  conveyance, 
to  the  stalls  in  the  free  market,  and  operate  the 
same. 

Sec.  5.  The  harbor  commissioners  shall  assign 
space  within  the  free  market  to  all  producers  of 
perishable  products,  under  such  regulations  as 
the  harbor  commissioners  may  prescribe.  No 
rental  shall  be  charged  for  space  in  the  free  mar- 
ket. Any  violation  of  this  act,  or  of  the  regula- 
tions made  pursuant  thereof,  shall  exclude  the 
person  or  firm  guilty  of  such  violation  from  the 
privilege  of  selling  in  the  free  market,  during  the 
pleasure  of  the  harbor  commissioners,  not  exceed- 
ing one  year  in  addition  to  any  other  penalty 
which  may  be  incurred  thereby. 

Sec.  6.  For  the  payment  of  the  expenses  of 
said  free  market  the  harbor  commissioners  may, 
in  their  judgment,  so  adjust  the  tolls  as  to  pro- 
vide the  necessary  revenue. 

Sec.  7.    The  ofiicers  of  said  free  market  shall  be 
a  superintendent  and     assistant     superintendent, 
who  shall  also  be  secretary,  and  such  other  em- 
ployees as  the  state  board  of  harbor  commission- 
ers may  appoint.     The  salary  of  all  employees  of 
said  free  market  shall  be  fixed  by  the  state  board 
of  harbor  commissioners. 
I      Sec.  8.    All  officers  and  employees  of  any  pub- 
I  lie  market  on  the  state  property  are  officers  and 
i  employees  of  the  state,  and  shall  qualify  in  the 
same  manner  as  other  employees,  and  give  such 
I  bonds  as  the  harbor  commissioners     may     pre- 
i  scribe. 


TITLE  222. 

PUBLIC     PARKS. 

The  following  is  a  list  of  acts  relating  to  public 
parks: 

Gen.  Laws— 83. 


986  Public  Parks. 

An  act  to  authorize  the  common  councils  and 
boards  of  supervisors  of  the  several  cities, 
counties,  and  cities  and  counties  in  this  state 
to  levy  taxes  for  the  maintenance  of  public 
parlvs  having  an  area  of  over  ten  acres  each 
within  their  respective  limits. 

[Approved  March  8,  1887;  1887,  52.] 


An  act  to  enable  incorporated  "cities  and  coun- 
ties" and  "cities"  and    "towns,"    to    acquire, 
maintain,  and  improve  public  parks  and  boule- 
vards. 
[Approved  March  19,  1889;  1889,  361.] 


An  act  to  provide  for  the  maintenance  and  sup- 
port  of   the   public   parks   heretofore   created 
within  the  various  cities  and  cities  and  coun- 
ties of  the  state,  and  to  amend  the  existing 
acts  in  relation  thereto. 
[Approved  March  14,  1889;  1889,  143.] 
See  amendments  to  this  act  in  the  statutes  of 
1893,  p.  79  and  p.  343. 


An  act  ^authorizing  the  commissioners  of  any  pub- 
lic park  in  this  state,  and  especially  the  park 
commissioners  of  Golden  Gate  park,  in  San 
Francisco,  to  accept  donations  and  bequests 
in  aid  of  the  improvement  and  embellishment 
of  their  respective  parks,  and  to  invest  the 
funds  derived  therefrom. 

[Approved  March  9,  1885;  1885,  38.] 


An  act  to  authorize  cities  and  towns  owning  pub- 
lic parks  outside  of  their  limits,  to  lay  out, 
construct,  and  maintain  roads,  streets,  and 
boulevards  from  the  boundaries  of  such  cities 
or  towns  to,  into,  and  through,  such  parks, 
and  to  acquire  lands  for  that  purpose. 
[Became  a  law,  under  constitutional  provision, 

without  governor's  approval,  March  1,  1897;  Stats. 

1897;  chap,  xlix.] 


Public  Works.  987 

Au  act  to  extend  the  jurisdiction  and  authority  of 
cities  and  towns  over  parlis  owned  by  them 
situated  beyond  the  limits  of  such  cities  and 
towns,  and  over  streets  and  avenues  leading 
to  the  same. 

[Became  a  law,  under  constitutional  provision, 
without  the  governor's  approval,  March  1,  1897; 
Stats.  1897,  chap,  li.l 


An  act  ,2:iving  the  consent  of  the  state  of  Califor- 
nia to  the  reservation  of  certain  lands  by  con- 
gress. 

{Approved  March  14,  1891;  Stats.  1891,  107.] 

This  act  granted  the  consent  of  the  state  to 
forest  reservations. 


TITLE  223. 

PUBLIC     WORKS. 

An  Act  creating  a  commissioner  of  public  works, 
defining  his  duties  and  powers,  and  fixing  his. 
compensation. 

[Approved    March    21,    1899;    Stats.    1899,    chap, 
cxxvi.] 

Section  1.  There  is  hereby  created  a  commis- 
sioner of  public  works,  to  be  appointed  by  the  gov- 
ernor. He  shall  hold  office  for  the  term  of  four 
years,  or  until  his  successor  shall  be  appointed 
and  qualified.  In  case  of  vacancy  occasioned  by 
death,  resignation,  or  otherwise,  tlie  governor  shall 
appoint  his  successor;  provided,  that  any  appoint- 
ment made  to  fill  a  vacancy  shall  be  only  for  the 
unexpired  portion  of  the  term  for  which  the  origi- 
nal appointment  was  made.  Said  otficer,  before 
entering  upon  the  discharge  of  liis  duty,  shall  take 
and  subscribe  the  official  oath,  and  execute  an 
official  bond  in  the  sum  of  six  thousand  dollars, 
to  be  approved  by  the  governor,  and  filed  and  re- 


mS  Public  Works. 

■corded  iu  the  office  of  the  secretary  of  state,  as  in 
the  case  of  bonds  of  other  state  officials.  Such 
commissioner  shall  receive  a  salary  of  twenty-five 
hundred  dollars  pei-  annum,  payable  in  monthly 
installments,  and  shall  be  allowed  his  actual  trav- 
eling and  other  necessary  incidental  expenses  in- 
curred while  in  the  performance  of  official  duties. 

Sec.  2.  The  commissioner  shall  perform  such 
duties  in  the  examination  of  lands  subject  to  in- 
undation and  overflow  by  floodwaters,  and  of  the 
waters  causing-  and  making  such  inundation  and 
overflow,  and  in  the  preparation  of  plans  and  es- 
timates of  cost  for  works  to  regulate  and  control 
^uch  floodwaters,  as  he  may  be  directed  to  per- 
form from  time  to  time  by  the  governor;  and  such 
other  duties  in  the  examination,  supervision,  and 
management  of  public  works,  constructed  or  car- 
ried on  by  the  state,  or  under  state  authority,  or 
under  any  law  of  the  state,  as  he  may  be  direcetd 
to  from  time  to  time  by  law.  He  shall,  subject  to 
the  approval  of  the  auditing  board,  have  the  power 
to  employ  such  engineers  and  assistants  as  he  may 
deem  necessary  to  carry  out  the  provisions  of  this 
act.  or  to  perform  any  duties  imposed  by  any  law 
upon  said  commissioner,  and  to  fix  their  compensa- 
lioTL,  subject  to  the  approval  of  the  board. 

Sec.  3.  An  act  entitled  "An  act  creating  a  com- 
missioner of  public  works,  defining  his  duties  and 
powers,  prescribing  his  compensation,  and  making 
appropriation,"  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-three;  "An  act  to 
amend  an  act  entitled  'An  act  creating  a  com- 
missioner of  public  works,  defining  his  duties  and 
powers,  prescribing  his  compensation,  and  making 
appropriation,'  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-tliree,  relating  to  the 
office  of  commissioner  of  public  works,"  approved 
February  twent>'-fifth,  eighteen  hundred  and 
ninety-seven,  and  all  other  acts  and  parts  of  acts 
in  conflict  with  the  provisions  of  this  act  are  here- 
by expressly  repealed.  Tliis  act  shall  be  construed 
as  a  renewal  and  continuation  of  the  office  of  com- 
missioner of  public  works. 

Sec.  4.     Tliis  act  shall  take  effect  on  its  passage. 


Public  Works.  989 


An  Act  limiting  tlie  hours  of  daily  services  of  la- 
borers, workmen,  and  mechanics  employed 
upon  the  public  worlvs  of,  or  work  done  for,, 
the  state  of  California,  or  any.  political  sub- 
division thereof;  provjding  for  the  insertion 
of  certain  stipulations  in  contracts  for  public 
works;  imposing  penalties  for  violations  of  the 
provisions  of  this  act,  and  providing  for  the 
enforcement  thereof. 

[Approved  March  20,  1899;  Stats.  1899,  ch.  cxiv.l 


An  Act  to  provide  for,  insure,  and  maintain  prefer- 
ence in  the  appointment,  employment,  and  re- 
tention in  the  public  service,  and  upon  public 
w^orks  of  the  state  of  California,  of  honorably 
discharged  ex-Union  soldiers,  sailors,  and  mar- 
ines of  the  war  of  the  rebellion. 
[Approved  March  31,  1891;  Stats.  1891,  p.  289.1 


An  Act  providing  for  the  appointment  of  an  au- 
diting board  to  the  commissioner  of  public 
works,  authorizing  and  directing  him  and  them 
to  perform  certain  duties  relating  to  drainage, 
to  purchase  machinery,  tools,  dredges,  and  ap- 
pliances therefor,  to  improve  and  rectify  wa- 
ter channels,  to  erect  works  necessary  and  in- 
cident to  said  drainage,  to  condemn  land  and 
property  for  the  purposes  aforesaid,  making 
certain  acts  a  felony,  and  making  an  appro- 
priation of  money  for  the  purposes  of  this  act, 

[Stat,  approved  March  17,  1897;  Stats.  1897;  chap, 
cxlv.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Sec.  1.  Within  thirty  days  after  the  passage  of 
this  act,  the  governor  shall  appoint  five  persons 
who  shall  bo  citizens  of  the  state  of  California, 
and  not  all  members  of  the  same  political  party, 
and  who,  after  the  first  appointment,  shall  hold 
ofiice  for  four  years  after  their  appointment,  who 


990  rublic  Works. 

shall  be  known  as  the  auditing  board  to  the  com- 
missioner of  public  worlvs.  They  must,  within  fif- 
teen days  after  receiving  notice  of  their  appoint- 
ment, meet  in  the  city  of  Sacramento  and  organize 
by  selecting  from  their  number  a  president  and 
secretary.  But  of  thosfe  appointed  under  this  act, 
the  term  of  office  of  two  shall  be  for  two  years, 
and  the  term  of  the  others  for  four  years,  and  the 
governor  shall  designate,  in  their  commissions, 
their  respective  terms.  Thereafter  all  shall  be  ap- 
pointed for  four  years.  All  vacancies  shall  be 
filled  in  like  manner  by  appointment  from  the 
governor,  but  the  person  appointed  to  fill  a  va- 
cancy shall  QU  only  the  unexpired  term.  No  mem- 
ber thereof  shall  recover  any  compensation  what- 
ever, but  they  may  be  paid  their  reasonable  trav- 
eling expenses  in  attending  meetings,  to  be  audit- 
ed by  the  board  of  examiners.  They  shall  meet  at 
Sacramento  city  once  in  two  months,  and  oftener 
if  required. 

Sec.  2.  For  the  purposes  of  this  act,  the  report 
of  the  commissioner  of  public  works,  dated  No- 
vember sixteen,  eighteen  hundred  and  ninety-six, 
and  accompanying  reports  and  plans  of  engineers, 
shall  be  adopted  and  made  the  basis  of  operations, 
and  the  plans  therein  specified  for  promoting 
drainage  and  improving  and  rectifying  river  chan- 
nels, shall,  as  far  as  practicable,  be  carried  out 
and  finished  as  herein  provided. 

Sec.  3.  The  commissioner  of  public  works  shall 
have  charge  and  superintendence  of  all  work  au- 
thorized by  this  act,  and  shall  employ  and  direct 
all  employees,  but  no  expenditure  shall  be  made 
without  the  sanction  of  the  auditing  board.  The 
Commissioner  of  public  works  shall  determine 
the  character  and  extent  of  the  work  to  be  done 
in  accordance  with  the  said  report,  and  shall  have 
full  power  to  carry  on  and  complete  the  same. 

Sec.  4.  There  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appro- 
priated, the  sum  of  three  hundred  thousand  dol- 
lars, to  be  paid  to  the  said  auditing  board,  and 
to  be  expended  for  tlie  purposes  hereinafter  speci- 
fied, to  wit:  for  the  purchase,  construction,  and 
operation  of  one  or  more  dredgers,  or  machines, 
and  appliances  to  improve  and  rectify  the  river 


Public  Works.  991 

channels  of  the  state  of  California,  so  as  to  pro- 
mote drainage  and  to  protect  towns  and  cities  of 
the  state  of  California  from  inundation,  as  out- 
lined and  described  in  the  said  report  of  commis- 
sioner of  public  worlds;  to  erect,  build,  and  con- 
struct embaukments,  and  other  works,  where  nec- 
essary, for  carrying-  out  the  purposes  of  this  act; 
to  employ  persons  in  and  about  said  work, 
and  to  purchase  such  supplies  as  may  be  neces- 
sary for  the  carrying  on  of  the  same,  and  for  do- 
ing all  other  worlv  described  in  said  report,  to  im- 
prove and  rectify  river  channels  so  as  to  promote 
drainage. 

Sec.  5.  The  commissioner  of  public  works  shall 
have  power  to  employ  such  persons  in  and  about 
said  work  as  the  auditing  board  may  determine 
to  be  necessary,  at  a  compensation  to  be  fixed  by 
the  auditing  board.  All  contracts  for  the  pur- 
chase of  material  and  supplies,  or  for  such  work 
as  can  be  done  by  contract,  where  the  expense 
thereof  shall  exceed  the  sum  of  five  hundred  dol- 
lars, shall  be  awarded  to  the  lowest  bidder,  at  a 
public  letting  thereof,  and  after  a  notice  to  bidders 
to  be  published  in  one  newspaper  published  in  the 
city  of  Sacramento,  one  in  Stockton,  and  one  in 
San  Francisco,  for  at  least  one  week;  provided, 
that  at  least  two  weeks  shall  intervene  between 
the  last  publication  of  said  notice,  and  the  time  for 
opening  bids;  provided,  the  said  bid  is  a  fair  and 
reasonable  one.  All  bids  required  by  this  act  shall 
be  accompanied  by  such  security  as  the  auditing 
board  may  require,  conditioned  upon  the  bidder 
entering  into  a  contract  upon  the  terms  of  his  bid, 
on  notice  of  the  acceptance  thereof,  and  furnish- 
ing a  penal  bond,  with  good  and  sufficient  sureties, 
in  such  sum  as  the  auditing  board  may  require, 
and  to  their  satisfaction,  that  he  will  faithfully 
perform  his  contract.  If  all  the  bids  made  at 
such  letting  are  deemed  unreasonably  high,  the 
board  may,  in  their  discretion,  decline  to  contract, 
and  may  again  advertise  for  such  time  and  in 
such  papers  as  they  see  proper,  for  proposals,  and 
may  so  continue  to  renew  the  advertisement  un- 
til satisfactory  contracts  are  made;  and  in  the 
meantime  the  board  may  contract  for  articles  and 
supplies  for  immediate  and  temporary  use,  with 


992  Public  Works. 

any  one  whose  offer  is  regarded  as  just  and  equit- 
able, or  may  purchase  in  the  open  market.  No 
bid  shall  be  accepted,  nor  a  contract  entered  into 
in  pursuance  thereof,  when  such  bid  is  higher 
than  any  other  bid  at  the  same  letting  for  the 
same  class  or  schedule  of  articles,  quality  consid- 
ered, and  when  a  contract  can  be  had  at  such 
lower  bid.  When  two  or  more  bids  for  the  same 
article  or  articles  are  equal  in  amount,  the  board 
may  select  the  one  which,  all  things  considered, 
may  by  them  be  thought  best  for  the  interest  of 
the  state,  or  they  may  divide  the  contract  be- 
tween the  bidders  as  in  their  .indgment  may  seem 
proper  and  right.  The  board  shall  have  power 
to  let  a  contract  in  the  aggregate,  or  they  may 
segregate  the  items,  and  enter  into  a  contract 
with  the  bidder  or  bidders  who  may  bid  lowest  on 
the  several  articles.  The  board  shall  have  the 
power  to  reject  the  bid  of  any  person  who  had  a 
prior  contract  and  who  had  not,  in  the  opinion  of 
the  board,  faithfully  complied  therewith.  If,  how- 
ever, any  sudden  emergency  should  arise,  render- 
ing it  necessary,  in  the  judgment  of  the  auditing 
board,  to  protect  works  already  completed,  or  to 
prevent  any  work  in  process  of  construction  be- 
ing damaged  by  storms  or  flood  waters,  that  im- 
mediate repairs  or  work  should  be  done,  the  said 
commissioner  of  public  works  shall  have  power 
to  perform  such  work,  or  make  such  repairs,  in 
the  manner  which  to  him  seems  most  advisable. 

Sec.  6.  It  will  not  be  necessary  to  obtain  the 
sanction  of  any  other  board  or  officer  for  the  do- 
ing of  any  worlv,  or  the  letting  of  any  contract, 
except  as  herein  specified,  but  all  claims  shall  be 
audited  by  the  state  board  of  examiners  as  pro- 
vided for  by  law. 

Sec.  7.  The  auditing  board  may  condemn  the 
right  of  way  necessary  for  the  purpose  of  doing 
the  work  outlined  and  described  in  said  report  of 
the  commissioner  of  public  worlvs.  and  may  pur- 
chase or  condemn  all  land  and  material  necessary 
to  carry  out  such  plans  of  drainage,  and  may  gen- 
erally connect  with,  enlarge  or  strengthen  any 
work  of  construction,  and  may  condemn  any  lands 
which  may  be  by  them  deemed  necessary  for  the 


Public  Works.  993 

purposes  of  the  act,  and  it  is  hereby  declared  that 
such  purposes  are  a  public  use  and  that  said  ap- 
propriation is  for  the  public  benefit;  provided, 
however,  that  they  shall  not  interfere  v^ith  any 
existing  reclamation  work  or  cut  ditches  or  drains 
without  the  consent  of  the  board  of  trustees  there- 
of on,  in,  or  over  any  lands  situated  in  any  swamp 
land,  reclamation,  levee,   or  protection  district. 

Sec.  8.  Whenever  the  auditing  board  cannot 
procure  from  the  owner  or  owners  thereof,  with- 
out purchase,  the  right  of  way  or  material  need- 
ed for  the  construction  of  such  works  as  are  de- 
scribed in  the  said  report  of  the  commissioner  of 
public  works,  or  cannot  procure  the  consent  to 
join  or  connect  with  any  existing  works,  or  pro- 
cure lands  necessary  for  the  construction  and  com- 
pletion of  the  said  system  and  plan  described  in 
said  report,  the  said  auditing  board  may,  in  their 
own  name  or  in  the  name  of  the  state  of  Califor 
nia,  proceed  to  condemn  the  same  under  the  pro- 
visions of  title  seven,  part  three,  of  the  Code  of 
Civil  Procedure,  and  amendments  thereto,  which 
are  now  existing  or  which  may  hereafter  be 
made;  provided,  that  cities,  towns,  levee  districts, 
^wamp  land  districts,  reclamation  districts,  pro- 
tection districts,  and  all  municipal  coi-porations 
having  levees,  reclamation,  or  protection  works 
shall  have  and  retain  the  exclusive  management 
and  control  thereof,  subject  to  the  right  to  con- 
nect the  work  as  herein  provided. 

Sec.  9.  Any  member  of  the  auditing  board,  or 
the  commissioner  of  public  works,  or  any  appointee 
-or  employee  of  either,  who  shall  be  interested  in 
any  contract  for  the  construction  of  any  work 
provided  for  by  this  act,  shall  be  guilty  of  a  fel- 
ony. 

Sec.  10.  Nothing  contained  in  this  act  shall  in 
any  manner  affect  the  laws  in  force  in  reclama- 
tion and  levee  districts,  nor  shall  any  levees  be 
condemned  nor  purchased  under  the  provisions  of 
this  act. 

Sec.  11.  The  controller  is  hereby  directed  to 
draw  his  warrant  in  favor  of  the  said  auditing 
board  for  the  amount  appropriated  by  this  act, 
and  the  treasurer  is  hereby  directed  to  pay  the 
«ame. 


994  Public  Works. 

Sec.  12.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  immediately 
from  and  after  its  passage. 

An  Act  fixing  the  minimum  rate  of  compensation 
for  labor  on  public  work. 

[Stat,  approved  March  9,  1897;  Stats.  1897,  chap. 
Ixxxviii.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  minimum  compensation  to  be 
paid  for  labor  upon  all  work  performed  under  the 
direction,  control,  or  by  the  authority  of  any  offi- 
cer of  this  state  acting  in  his  official  capacity,  or 
under  the  direction,  control,  or  by  the  authority 
of  any  municipal  corporation  within  this  state,  or 
of  any  officer  thereof  acting  as  such,,  is  hereby 
fixed  at  two  (2)  dollars  per  day;  and  a  stipulation 
to  that  effect  must  be  made  a  part  of  all  con- 
tracts to  which  the  state,  or  any  municipal  coit^o- 
ration  therein,  is  a  party;  provided,  however,  that 
this  act  shall  not  apply  to  persons  employed  regu- 
larly in  any  of  the  public  institutions  of  the  state, 
or  any  city,  city  and  county,  or  county. 

Sec.  2.    This  act  shall  take  effect  immediately. 


An  Act  to  secure  the  payment  of  the  claims  of 
materialmen,  mechanics,  or  laborers,  employ- 
ed by  contractors  upon  state,  municipal,  or 
other  public  work. 

[Stat,  approved  March  27,  1897;  Stats.  1897;  chap, 
cxl.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Every  contractor,  person,  company, 
or  corporation,  to  whom  is  awarded  a  contract  for 
the  execution  or  performance  of  any  building,  ex- 
cavating, or  other  mechanical  work,  for  this  state, 
or  by  any  county,  city  and  county,  city,  town,  or 
district  therein,  shall,  before  entering  upon  the 
"performance  of  such  work,  file  with  the  commis- 


Public  Works.  995 

sioners,  managers,  trustees,  officers,  board  of  su- 
pervisors, board  of  trustees,  common  council,  or 
other  body  by  whom  such  contract  was  awarded, 
a  good  and  sufficient  bond,  to  be  approved  by  such 
contracting  body,  officers,  or  board,  in  a  sum  not 
less  than  one  half  of  the  total  amount  payable 
by  the  terms  of  the  contract;  such  bond  shall  be 
executed  by  the  contractor,  and  at  least  two  sure- 
ties, in  an  amount  not  less  than  the  sum  specified 
in  the  bond,  and  must  provide  that  if  the  con- 
tractor, person,  company  or  coi*poration,  fails  to 
pay  for  any  materials  or  supplies  furnished  for 
the  performance  of  the  work  contracted  to  be 
done,  or  for  any  work  or  labor  done  thereon  of 
any  kind,  that  the  sureties  will  pay  the  same,  in 
an  amount  not  exceeding  the  sum  specified  in  the 
bond;  provided,  that  such  claims  shall  be  filed  as 
hereafter  required. 

Sec.  2.  Any  materialman,  person,  company,  or 
corporation,  furnishing  materials  or  supplies,  used 
in  the  performance  of  the  work  contracted  to  be 
executed  or  performed,  or  any  person  who  per- 
formed work  or  labor  upon  the  same  or  any  person 
who  supplies  both  work  and  materials,  and  whose 
claim  has  not  been  paid  by  the  contractor,  com- 
pany, or  corporation,  to  whom  the  contract  has 
been  awarded,  shall,  within  thirty  days  from  the 
time  such  work  is  completed,  file  with  the  com- 
missioners, managers,  trustees,  officers,  board  of 
supervisors,  board  of  trustees,  common  council,  or 
other  body  by  whom  such  contract  was  awarded, 
a  verified  statement  of  such  claims,  together  with 
a  statement  that  the  same  has  not  been  paid.  At 
any  time  within  ninety  days  after  the  filing  of 
such  claim,  the  person,  company,  or  corporation 
filing  the  same  may  commence  an  action  against 
the  sureties  on  the  bond,  specified  and  required 
by  section  one  hereof. 

Sec.  3.    This  act  shall  take  effect  immediately. 


996  Fublic  Works. 


An  Act  conferring  power  upon  the  common  coun- 
cil, board  of  supervisors,  or  other  governing' 
body  of  cities,  or  cities  and  counties,  of  over 
one  hundred  thousand  inhabitants,  to  acquire 
or  condemn  land  for  a  suitable  site,  and  erect 
thereon  a  suitable  building  or  buildings  for 
municipal  purposes. 

[Stat,  approved  March  27,  1895;  Stats.  1895,  chap, 
cxcviii.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Power  and  authority  is  hereby  con- 
ferred ui3on  the  common  council,  board  of  super- 
visors, or  other  governing  body  of  every  city,  or 
city  and  county,  in  this  state  having  a  population 
of  over  one  hundred  thousand  inhabitants,  to  pro- 
vide for  the  erec-tion  and  construction  in  such  city, 
or  city  and  county,  and  at  the  expense  of  the  same, 
such  additional  or  other  municipal  building  or 
buildings  as  the  common  council,  board  of  super- 
visors, or  other  governing  body  of  such  city,  or 
city  and  countj",  may  determine  upon  for  the  ac- 
commodation of  the  criminal  department  of  the 
superior  court,  police  courts,  police  stations,  pris- 
ons, morgues,  or  coroner's  offices  of  such  city,  or 
city  and  county,  and  for  such  other  municipal  uses 
as  may  be  deemed  necessary. 

Sec.  2.  In  the  event  that  the  common  council, 
board  of  supervisors,  or  other  governing  body  of 
such  city,  or  city  and  county,  shall  deem  it  expe- 
dient, and  in  their  judgment  that  the  public  good 
requires  the  construction  of  such  building  or 
buildings,  for  the  construction  of  which  power  is 
conferred  upon  them  by  section  one  of  this  act, 
in  the  manner  and  mode  prescribed  by  this  act, 
they  are  hereby  authorized  and  empowered  to  ex- 
press such  judgment  by  resolution  or  order,  in 
such  manner  as  they  may  deem  proper.  And  for 
the  purpose  of  raising  the  money  necessary  to 
complete  said  building  or  buildings,  the  said  com- 
mon council,  board  of  supervisors,  or  other  gov- 
erning body  of  such  city,  or  city  and  county,  is 
hereby  authorized  and  empowered  to  levy  and 
collect,  in  the  same  manner  and  at  the  same  time 


Public  Works.  997 

as  other  taxes  are  levied  and  collected  in  such 
city,  or  city  and  county,  for  municipal  pui*poses, 
an  ad  valorem  property  tax  on  real  and  personal 
property,  which  shall  not  in  the  aggregate  exceed 
the  sura  of  three  hundred  thousand  dollars,  which 
sum  shall  cover  all  the  expense  of  the  said  build- 
ing or  buildings. 

Sec.  3.  As  a  site  for  the  erection  and  construc- 
tion of  said  building  or  buildings,  power  is  here- 
by conferred  upon  the  common  council,  board  of 
supervisors,  or  other  governing  body  of  such  city, 
or  city  and  county,  to  acquire  by  purchase,  or  to- 
condemn  and  acquire  under  the  laws  of  eminent 
domain,  such  land  as  may  be  necessary  therefor. 

Sec.  4.  The  money  arising  from  the  tax  hereby 
authorized  to  be  levied  and  collected  shall  be  l^ept 
by  the  city,  city  and  county  treasury  of  such  city,. 
or  city  and  county  in  a  fund  to  be  known  as  the 
"public  building  fund,"  and  out  of  which  said 
fund  all  claims  for  work,  labor,  and  materials  used 
in  the  construction  of  said  building,  and  all  other 
expenses  authorized  to  be  incurred  under  the  pro- 
visions of  this  act,  shall  be  paid.  All  claims 
against  the  said  fund  shall  be  allowed  by  the  com- 
mon council,  board  of  supervisors,  or  other  gov- 
erning body  of  such  city,  or  city  and  county,  by 
resolution  entered  upon  the  minutes  in  the  same 
manner  and  form  as  other  expenditures  are  au- 
thorized, before  the  auditor  shall  be  authorized  to 
audit  the  same;  and  in  no  case  shall  any  portion 
of  said  fund  be  used  or  expended  for  any  other 
purpose  than  those  herein  indicated,  nor  shall  any 
part  of  the  cost  of  the  construction  of  said  build- 
ing be  paid  out  of  any  other  or  different  fund;  nor 
shall  any  lien  for  work,  labor,  or  material  at  any 
time  attach  to  the  said  building  or  buildings,  nor 
the  land  upon  which  the  same  is  located  in  any 
manner  whatever. 

Sec.  5.  When  work  is  to  be  done  upon  said 
building  or  buildings,  or  materials  to  be  furnished, 
it  shall  be  the  duty  of  the  common  council,  board 
of  supervisors,  or  other  governing  body  of  such 
city,  or  city  and  county,  to  advertise  for  at  least 
ten  days  in  a  daily  newspaper  published  and  cir- 
culated in  such  city,  or  city  and  county,  for  seal- 
ed proposals  for  doing  both  said  worli  and  fur- 
nishing said  material.  The  said  work  and  ma- 
Gen.  Laws— 84. 


998  Public  Works. 

terial  shall  be  of  the  best  quality.  The  advertise- 
ment shall  contain  a  general  description  of  the 
work  to  be  done  and  the  materials  to  be  furnished, 
the  time  within  which  the  same  is  to  be  done  or 
furnished,  and  may  refer  to  plans  and  specifica- 
tions for  such  other  details  as  may  be  necessary 
to  give  a  correct  understanding  regarding  the 
work  or  materials.  The  advertisement  shall  also 
state  the  day  and  an  hour  of  said  day  within 
which  bids  will  be  received.  At  the  hour  and 
day  stated  in  the  advertisement,  the  said  board 
or  body  shall  proceed  to  open  the  bids  in  the  pres- 
ence of  the  bidders,  and  an  abstract  of  each  shall 
be  recorded  in  the  minutes  by  the  clerk.  A  day 
and  hour  shall  then  be  fixed  for  considering  the 
bids  and  awarding  the  contract.  An  abstract  of 
said  bids,  showing  the  name  of  each  bidder,  the 
price  at  which  worlv,  labor,  and  materials  are  of- 
fered to  be  done  or  furnished  by  each,  and  such 
other  things  as  may  be  necessary  to  show  or  ex- 
plain the  offer,  shall  be  made  by  the  clerk  and 
published  for  five  days  in  a  daily  newspaper  of 
general  circulation  published  in  such  city,  or  city 
and  county.  At  the  expiration  of  five  days  after 
the  first  publication  of  the  abstract,  on  the  day 
and  at  the  hour  fixed  by  said  board  or  body,  said 
board  or  body  shall  proceed  to  consider  the  several 
bids  and  award  the  contract  for  doing  the  work 
and  supplying  the  material  for  which  proposals 
are  invited,  and  for  none  other,  to  the  lowest  bid- 
der who  shall  furnish  sufficient  sureties  to  guar- 
antee the  performance  of  the  contract;  provided, 
the  advertisement  hereinbefore  provided  for,  shall 
invite  proposals  and  bids,  in  one  total  sum  or 
amount,  for  the  performance  of  all  the  work  and 
the  furnishing  of  all  the  materials  called  for  in 
the  said  advertisement  for  the  erection  of  the  en- 
tire building  or  buildings.  Said  board  or  body  shall 
have  the  right  to  reject  any  or  all  bids,  when  in 
their  judgment  the  public  interests  may  be  there- 
by promoted.  Such  contract  shall  be  executed  on 
behalf  of  such  city,  or  city  and  county,  by  the 
mayor,  or  president  of  the  common  council,  board 
of  supervisors,  or  other  governing  body  of  such 
city,  or  city  and  county.  No  change  in  the  plans 
or  specifications  shall  be  made  after  proposals  for 
doing  work  and   furnishing  materials   have  been 


Public  Works.  999 

called  for,  nor  shall  any  contractor  be  allowed  a 
claim  for  work  done  or  materials  furnished  in  ex- 
cess of  his  contract,  except  on  the  approval  of  said 
common  council,  board  of  supervisors,  or  other 
governing  body  of  cities,  or  cities  and  counties; 
provided,  that  the  aggregate  cost  of  any  change, 
or  changes,  shall  not  exceed  the  sum  of  three 
thousand  dollars.  All  contracts  shall  be  in  writ- 
ing, and  shall  be  carefully  drawn  by  the  city  at- 
torney, city  and  county  attorney,  or  other  law  of- 
ficer of  such  city,  or  city  and  county,  and  shall 
contain  detailed  specifications  of  the  work  to  be 
done,  tiie  manner  in  which  the  same  shall  be  ex- 
ecuted, the  quality  of  the  material,  and  the  time 
within  which  the  same  shall  be  completed;  and 
such  penalty  for  the  non-performance  of  such 
contract  as  said  board  or  body  may  deem  just  and 
reasonable.  All  contracts  shall  be  signed  in  tripli- 
cate—one copy  of  which,  with  the  plans  and  speci- 
fications of  the  work  to  be  done,  shall  be  filed  with 
the  clerk  or  secretary  of  said  board  or  body,  and 
shall  at  all  times,  in  ofl3ce  hours,  be  open  to  the 
inspection  of  the  public;  one,  with  the  plans  and 
specifications,  shall  be  kept  in  the  oflSce  of  said 
board  or  body,  and  the  other  copy,  with  plans  and 
specifications,  shall  be  delivered  to  the  contrac- 
tor. [Amendment  approved  March  2,  1897;  Stats. 
1897,  chap.  Iv.     In  effect  immediately.] 

Sec.  6.    The  common  council,  board  of  supervis- 
ors, or  other  governing  body  of  such  city,  or  city 
and  county,  may  make  payments  on  such  contract 
from  time  to  time,  as  work  progresses  or  mate- 
rials are  furnished;  but  until  the  contract  is  com- 
I   pleted,  at  no  time  shall  the  payments  exceed  sev- 
i   enty-five  per  centum  of  the  value  of  the  labor  or 
:   materials  furnished. 

I  Sec.  7.  The  plans  and  specifications  herein  re- 
f  ferred  to  shall  be  secured  by  said  board  or  body 
{  after  the  publication  for  ten  days  in  a  daily  news- 
{  paper  of  general  circulation  in  such  city,  or  city 
';  and  county,  of  a  resolution  inviting  the  submis- 
\  sion  of  competitive  plans  and  specifications  for 
•■  said  building  or  buildings.  Said  resolution  shall 
i  contain  a.  general  statement  of  the  purposes  for 
i!  which  said  building  or  buildings  are  to  be  used, 
'•',  the  cost  thereof,  and  th(?  character  of  the  design 
:i  required.       Said  plans  and  specifications  may  be 


1000  Public  Works. 

submitted  to  such  board  or  body  under  such  re- 
quirements and  conditions,  and  at  such  time  as 
said  board  or  body  may  prescribe. 

Sec.  8.    This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


An  Act  to  regulate  the  erection  of  public  buildings 
and  structures. 

[Approved  April  1,  1872;  1871-2,  925.] 

Plans  and  specifications— Advertisement. 

Section  1.  When  by  any  statute  of  this  state 
power  is  given  to  any  state  or  county  officer  or  of- 
ficers, or  to  any  board  of  supervisors  or  corpora- 
tion, or  any  board  of  trustees  or  commissioners,  or 
other  person  or  persons  created  or  appointed  by 
authority  of  any  such  statute,  to  erect,  or  cause 
to  be  erected  or  constructed,  any  state  or  county 
or  other  building  or  structure,  it  shall  be  the  duty 
of  said  officer  or  officers,  board  of  supervisors,  cor- 
poration, or  board  of  trustees,  or  commissioners, 
or  other  person  or  persons,  to  advertise  for  plans 
and  specifications  in  detail  for  said  building  or 
other  structure,  and  to  state  in  said  advertisement 
the  amount  authorized  by  law  or  otherwise  to  be 
expended  for  the  erection  of  said  building  or  struc- 
ture; and  also  the  premium  to  be  awarded  to  the 
architect  whose  plans  and  specifications  for  the 
same  may  be  adopted. 
Architect's  bond  for  contract. 

Sec.  2.  Whenever  the  plans  and  specifications  of 
any  architect  shall  be  adopted,  such  officer  or  of- 
ficers, board  of  supervisors,  or  corporation,  or 
board  of  trustees  or  commissioners,  or  other  per- 
son or  persons  so  adopting  the  same,  shall,  before 
any  premium  shall  be  awarded  for  such  plans 
and  specifications,  require  such  architect  to  exe- 
cute and  file  with  such  officer  or  officers,  board  of 
supervisors,  corporation,  or  board  of  trustees  or 
commissioners,  or  other  person  or  persons,  a  good 
and  sufficient  bond,  with  two  sufficient  sureties 
thereto,  in  the  penal  sum  of  five  thousand  dollars, 
to  be  approved  by  such  officer  or  officers,  board  of 
supervisors,  corporation,  or  board  of  trustees,  or 
commissioners,  or  other  person  or  persons,  as  the 
case  may  be,  and  conditioned   that  within   sixty 


I*ublic  Works.  '  1001 

days  fi'om  the  date  of  said  bond  he  will,  on  pre- 
sentment to  him,  enter  into  a  contract  containing 
such  provisions  and  conditions  as  may  be  required 
by  such  officer  or  officers,  board  of  supervisors, 
corporation,  or  board  of  trustees,  or  commissioners, 
or  other  person  or  persons;  and  also  conditioned 
that  he  will  give  such  further  bond  to  secure  the 
faithful  performance  of  such  contract,  with  such 
sureties  as  may  be  required  of  him,  in  the  event 
that  such  officer  or  officers,  board  of  supervisors, 
corporation,  or  board  of  trustees  or  commissioners, 
or  other  person  or  persons,  so  acting  under  author- 
ity of  law,  should,  within  said  sixty  days,  require 
said  architect  to  enter  into  such  contract  to  erect 
such  building  or  structure,  at  the  price  named  in 
said  advertisement  to  be  expended  for  such  pur- 
pose. In  case  said  architect  whose  plans  and 
specifications  are  adopted  should  enter  into  such 
contract,  it  shall  be  the  duty  of  such  officer  or  of- 
ficers, board  of  supervisors,  corporation,  or  board 
of  trustees  or  commissioners,  or  other  person  or 
persons,  to  employ  a  competent  architect  or  super- 
ntendent  to  superintend  the  erection  of  such 
building  or  structure,  and  to  see  that  such  plans 
and  specifications  are  faithfully  carried  out. 
When  contracts  void. 

Sec.  3.  All  contracts  entered  into  by  such  offi- 
cer or  officers,  board  of  supervisors,  corporation, 
board  of  trustees,  commissioners,  or  other  person 
or  persons,  in  violation  of  the  provisions  of  this 
act,  shall  be  null  and  void. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


An  Act  to  regulate  contracts  on  behalf  of  the  state, 
in  relation  to  erections  and  buildings. 

[Approved  March  23,  1876;  1875-6,  427.] 

Before  contracting,  plans  to  be  furnished. 

Section  1.  That  in  all  cases  where  the  commis- 
sioners, directors,  trustees,  or  other  officer  or  of- 
ficers, to  whom  is  confided  by  law  the  duty  of  de- 
vising and  superintending  the  erection,  alteration, 
addition  to,  or  improvement  of  any  state  institu- 
tion, asylum,  or  other  improvement,  erected,  or 
now  being  erected,  or  to  be  erected,  by  the  state. 


1002  Public  Works. 

siicb  commissioners,  directors,  trustees,  or  other 
officer  or  officers,  before  entering  into  any  comract 
for  tlie  erection,  alteration,  addition  to,  or  im- 
provement of  snch  institution,  asylum,  or  other 
improvement,  or  for  the  supply  of  materials  there- 
of, the  aggregate  cost  of  which  erection,  alteration, 
addition,  or  improvement,  and  materials  therefor, 
exceed  the  sum  of  three  thousand  dollars,  shall 
make,  or  procure  to  be  made,  a  full,  complete,  and 
accurate  plan  or  plans  of  such  institution,  asylum 
or  other  improvement,  or  of  any  addition  to.  or 
alteration  or  improvement  thereof,  in  all  its  parts, 
showing  all  the  necessary  details  of  the  work,  to- 
gether with  working  plans  suitable  for  the  use  of 
the  mechanics  or  other  builders  during  the  con- 
struction thereof,  so  drawn  and  represented  as  to 
be  plain  and  easily  understood;  and  also  accurate 
bills,  showing  the  exact  amount  of  all  the  different 
kinds  of  materials  necessary  in  the  erection  there- 
of, addition  thereto,  or  in  the  alteration  or  im- 
provement thereof,  to  accompany  said  plan  or 
plans:  and  also  full  and  complete  specifications  of 
the  work  to  be  done,  showing  the  manner  and 
style  in  which  the  same  will  be  required  to 
be  done,  giving  such  directions  for  the  same  as 
will  enable  any  competent  mechanic  or  other  build- 
er to  carry  them  out,  and  afford  the  bidders  all 
needful  information  to  enable  them  to  understand 
what  will  be  required  in  the  erection,  addition  to, 
alteration,  or  improvement  of  such  institution,  asy- 
lum, or  other  improvement,  and  to  make,  or  cause 
to  be  made,  a  full,  accurate,  and  complete  estimate 
of  each  item  of  expense,  and  the  entire  aggregate 
cost  of  such  institution,  asylum,  or  other  improve- 
ment, or  of  any  addition  to,  alteration  or  improve- 
ment thereof,  when  completed. 
Plans,  etc.,  to  be  approved  by  governor,  treas- 
urer, and  secretary  of  state. 
Sec.  2.  That  such  plans,  drawings,  representa- 
tions, bills  of  materials,  and  specifications  of  work, 
and  estimates  of  the  cost  thereof,  in  detail  and  in 
the  aggregate,  as  are  required  in  the  first  section 
of  this  act  to  be  made,  shall  be,  when  made,  sub- 
mitted to  the  governor,  state  treasurer,  and  secre- 
tary of  state,  for  their  approval,  and  if  approved 
by  them,  a  copy  thereof  shall  be  deposited  and 
safely  kept  in  the  office  of  controller  of  state. 


Public  Works.  1003 

Sealed  proposals,  notice  of. 

Section  3.  That  after  such  plans,  descriptions, 
bills  of  materials,  and  specitications  and  estimates 
as  are  in  this  act  required  are  made  and  approved, 
in  accordance  with  the  requirements  of  this  act, 
it  shall  be  and  is  hereby  made  the  duty  of  such 
commissioners,  directors,  trustees,  or  other  officer 
or  officers  to  whom  the  duty  of  devising  and  super- 
intending the  erection,  addition  to,  alteration,  or 
improvement  of  such  institution,  asylum,  or  other 
improvement  as  in  this  act  provided,  to  give  ot 
cause  to  be  given  public  notice  of  the  time  and 
place  when  and  where  sealed  proposals  will  be 
received  for  performing  the  labor  and  furnishing 
the  materials  necessary  to  the  erection  of  such 
institution,  asylum,  or  other  improvement,  or  for 
the  adding  to,  altering,  or  improvement  thereof, 
and  a  contract  or  contracts  based  on  such  sealed 
proposals  will  be  made,  which  notice  shall  be  pub- 
lished weelily  for  four  consecutive  weeks  next 
preceding  the  day  named  for  the  making  of  such 
contract  or  contracts,  in  the  paper  having  the  larg- 
est circulation  in  the  county  where  the  work  is  to 
be  let,  and  in  three  daily  papers  having  the  largest 
circulation  and  published  one  in  each  of  the  cities 
of  Los  Angeles,  Sacramento,  and  San  Francisco, 
and  shall  state  when  and  where  such  plan  or 
plans,  descriptions,  bills,  and  specifications  can  be 
seen,  and  which  shall  be  open  to  public  inspection 
at  all  business  hours  between  the  date  of  such 
notice  and  the  making  of  such  contract  or  con- 
tracts. The  aforesaid  notice  must  state  that  sep- 
arate bids  will  be  received  and  separate  contracts 
let  for  the  performance  of  each  of  the  following 
parts  of  said  erection,  addition,  alteration,  or  im- 
.provement,  including  the  furnishing  of  materials 
and  labor  necessary  therefor,  viz.:  first,  for  the 
masonry  work,  including  all  brick,  stone,  terra 
cotta,  and  concrete  work,  and  all  necessary  exca- 
vations and  filling;  second,  for  the  iron  work; 
third,  for  the  carpenter,  plastering,  electric,  and 
glazing  work;  fourth,  for  the  plumbing  and  gas- 
fitting  work:  fifth,  for  the  heating  work;  sixth, 
for  tlie  tinning,  galvanized  iron,  and  slating  work; 
and  seventh,  for  the  painting  and  graining  work; 
and  there  shall  be  in  all  such  cases  as  many 
separate  contracts  let  therefor  as  there  are  differ 


1004  Public  Works. 

ent  kinds  of  work,  according  to  the  foregoing 
classification,  wlietlier  the  same  be  let  by  the  state 
board  of  harbor  commissioners  or  any  other  of  the 
aforesaid  commissioners,  directors,  trustees,  or 
other  officer  or  officers.  [Amendment  approved 
March  27,  1895;  Stats.  1895,  chap.  cxci.  In  effect 
immediately.] 
Bond  that  contractor  will  perform  contract. 

Sec.  4.  That  on  the  day  named  in  said  public  no- 
tice, said  commissioners,  directors,  trustees,  or  of- 
ficer or  officers,  as  aforesaid,  shall  proceed  to  pub- 
licly open  said  sealed  proposals,  and  shall  award 
such  contract  or  contracts  for  doing  the  work  and 
furnishing  materials  for  the  same  to  the  lowest 
bidder,  giving  responsible  bonds;  provided  always, 
that  no  proposals  shall  be  considered  unless  ac- 
companied with  a  bond  of  said  proposer,  equal  to 
ten  per  cent  of  his  proposal,  with  sufficient  sureties, 
conditioned  that  if  said  proposal  shall  be  accepted 
the  party  proposing  will  duly  enter  into  a  proper 
contract,  and  faithfully  perform  his  or  their  con- 
tract or  contracts,  in  accordance  with  said  pro- 
posal, and  the  plan  or  plans,  specifications,  and  de- 
scriptions, which  shall  be  and  are  hereby  made  a 
part  of  such  contract  or  contracts;  and  provided 
further,  that  such  contract  or  contracts  shall  not 
be  binding  on  the  state  until  they  are  submitted 
to  the  attorney-general,  and  by  him  found  to  be 
in  accordance  with  the  provisions  of  this  act,  and 
his  certificate  thereon  to  that  effect  made;  and 
provided  further,  that  if  in  tlie  opinion  of  such 
commissioners,  directors,  trustees,  or  other  offi- 
cer or  officers,  the  acceptance  of  the  lowest  bid  or 
bids  shall  not  be  for  the  best  interests  of  the  state, 
it  may  be  lawful  for  them,  with  the  written  advice 
and  consent  of  the  governor,  state  treasurer,  and 
secretary  of  state,  to  accept  such  proposal  or  pro- 
posals opened,  as  in  their  opinion  may  be  better 
for  the  interests  of  the  state,  or  reject  all  pro- 
posals and  advertise  for  others  in  the  manner 
aforesaid.  All  contracts  shall  provide  that  such 
commissioners,  directors,  trustees,  or  other  officer 
or  officers  may,  as  hereinafter  provided,  and  on  the 
conditions  stated,  make  any  change  in  the  work 
or  materials. 


Public  Works.  1005 

No  change  in  plan  to  be  made  unless  approved  as 

original. 
Sec.  5.  That  no  change  of  the  plan  or  plans,  de- 
scriptions, bills  of  materials^  or  specifications 
which  shall  either  increase  or  decrease  the  cost  of 
said  institution,  asylum,  building,  or  improvement, 
exceeding  the  sum  of  one  thousand  dollars,  shall 
be  made  or  allowed  after  they  are  once  approved 
and  filed  with  the  controller  of  state  as  herein  re- 
quired, until  such  proposed  change  shall  have  re- 
ceived the  approval  of  the  governor,  state  treas- 
urer, and  secretary  of  state;  and  when  so  approv- 
ed, the  plan  or  plans  of  such  change,  with  the  de- 
scription thereof,  and  the  specifications  of  the 
worli,  and  bills  of  material,  shall  be  filed  with  the 
controller  of  state  in  the  same  manner  as  required 
before  such  change  was  made;  and  no  allowance 
whatever  shall  be  made  for  work  performed  or  ma- 
terials furnished  under  such  change  of  plan  or 
plans,  or  descriptions,  or  specifications,  or  bills 
of  materials,  unless,  before  such  labor  is  perform- 
ed and  materials  furnished,  a  contract  or  contracts 
therefor  is  made  in  writing,  which  contract  or 
contracts  shall  show  distinctly  the  nature  of  such 
change,  and  shall  be  subject  to  all  the  cond.itions 
and  provisions  herein  imposed  upon  the  original 
contracts,  and  be  subject  also  to  the  approval  of 
the  attorney-general  as  hereinbefore  provided; 
provided,  that  all  changes  in  the  contract  exceed- 
ing five  hundred  dollars  shall  be  by  contracts  in 
writing,  with  full  specifications  and  estimates,  and 
shall  become  a  part  of  the  original  contract,  and 
shall  be  filed  with  the  controller  of  state,  with  the 
original  contract;  and  provided  further,  that  the 
amount  of  such  change  in  the  contract,  plans,  de- 
scriptions, bills  of  materials,  or  specifications  shall 
not,  in  the  aggregate,  increase  the  cost  of  construc- 
tion of  said  institution,  asylum,  building,  or  im- 
provement more  than  three  per  centum  of  the  ori- 
ginal contract  price  or  cost. 
Whole  cost  not  to  exceed  amount  authorized  by 

law. 
Sec.  6.  That  no  contract  or  contracts  shall  be 
made  for  the  labor  or  material  herein  provided 
for  at  a  price  in  excess  of  the  entire  estimate 
thereof  in  this  act  required  to  be  made,  and  the 
entire   contract  or  contracts   shall   not,   including 


1006  Public  Works. 

estimates  of  expenses  for  architects  and  other- 
wise, exceed  in  the  aggregate  the  amount  author- 
ized by  law  for  such  institution,  asylum,  building, 
or  other  improvement,  or  such  addition  to,  or  al- 
teration or  improvement  thereof,  under  the  penal- 
ties of  section  ten  of  this  act  hereinafter  provided. 
Directors,  etc.,  to  estimate  labor  and  materials, 
and  amount  due. 
Sec.  '7.  At  the  time  or  times  named  in  the  con- 
tract or  contracts  made  and  filed  with  the  con- 
troller of  state,  or  which  has  been  previously 
made  and  filed  Math  him,  in  accordance  with  the 
provisions  of  this  act,  for  payment  ,to  the  person 
or  persons  with  whom  such  contract  or  contracts 
had  been  made,  it  shall  be  and  is  hereby  made  the 
duty  of  the  commissioners,  directors,  trustees,  or 
other  officer  or  oflicers,  to  whom  is  confided  the 
duty  of  superintending  the  erection  of  such  insti- 
tution, asylum,  building,  or  improvement,  or  add- 
ing to,  altering,  or  improving  the  same,  to  make 
or  cause  to  be  made  a  full,  accurate,  and  detailed 
estimate  of  the  various  kinds  of  labor  performed 
and  materials  furnished  under  such  contract  or 
contracts,  with  the  amount  due  for  each  kind  of 
labor  and  materials,  and  the  amount  due  in  the 
aggregate,  which  estimate  shall  be  based  upon  an 
actual  measurement  of  the  labor  so  performed  and 
materials  so  furnished,  which  estimate  shall,  in 
all  cases,  give  the  amounts  of  the  preceding  esti- 
mate, or  estimates,  and  the  amount  of  labor  per- 
formed and  materials  furnished  since  the  last  es- 
timate, which  estimate  or  estimates  so  made,  as  in 
this  act  required,  shall  be  recorded  in  a  book  for 
that  purpose  to  be  provided  and  kept,  or  caused  to 
be  kept,  by  the  said  commissioners,  directors,  trus- 
tees, or  other  officer  or  oflicers,  and  a  certified 
copy  thereof,  addressed  to  the  controller  of  state 
b.y  the  said  commissioners,  directors,  trustees,  or 
other  officer  or  oflicers,  or  by  such  person  as  they 
may  designate  for  that  purpose,  be  delivered  to 
the  contractor  or  contractors,  entitled  thereto;  pro- 
vided, that  upon  all  estimates  of  materials  fur- 
nished and  delivered,  and  not  actually  having  en- 
tered into  and  become  a  part  of  said  institution, 
building  or  other  improvement,  there  shall  not 
be  paid,  until  the  same  shall  be  incorporated  into 


Public  Works.  1007 

and  become  a  part  of  said  institution,  building,  or 
other  improvement,  exceeding  fifty  per  centum  of 
such  estimated  value. 
Controller  to  compare  estimate  with  contract. 

Sec.  8.  It  shall  be  the  duty  of  the  controller  of 
state,  on  the  receipt  of  such  estimate  so  certified 
and  approved,  to  compare,  carefully  the  same  with 
the  contract  or  contracts  under  which  labor  was 
done  or  materials  furnished,  and  if  there  had 
been  any  previous  estimates,  then  with  such  esti- 
mates; and  if,  upon  such  comparison,  he  shall  find 
such  last-named  estimate  in  all  respects  correct, 
he  shall  number  the  same,  place  it  on  file,  and 
have  a  record  thereof  made,  and  give  to  the  person 
or  persons  entitled  thereto,  taking  his  or  their  re- 
ceipt therefor,  a  warrant  on  the  treasurer  of  state 
for  the  amount  shown  by  such  estimate  or  esti- 
mates to  be  due,  less  the  amount  of  ten  per  cent- 
um thereon,  which  shall  be  retained  as  an  addi- 
tional security  for  the  faithful  perfoi-mance  of  his 
or  their  contract  or  contracts,  and  shall  be  for- 
feited to  the  state  in  the  event  of  a  failure  of  such 
contractor  or  contractors  to  conform  in  good  faith 
to  the  terms  and  conditions  of  such  contract  or 
contracts;  but  when  the  labor  to  be  performed  and 
materials  furnished,  under  such  contract  or  con- 
tracts, is  performed  and  furnished,  and  a  final  es- 
timate thereof  made,  the  controller  of  state  shall 
include  in  the  warrant  or  warrants  for  the 
amount  of  such  last  estimate  the  percentage  re- 
tained on  former  estimates. 

Sec.  9.  The  treasurer  of  state  shall  pay  the 
warrants  issued  by  the  controller  of  state,  under 
and  by  virtue  of  the  provisions  of  this  act,  plac- 
ing the  same  on  file,  and  keeping  a  register  of  the 
names  of  the  person  or  persons  to  whom  such  war- 
rants are  paid. 
Officer  making  fraudulent  plans  or  estimates. 

Sec.  10.  Any  commissioner,  director,  trustee,  or 
other  officer  or  person  otherwise  appointed,  whose 
duty  it  is  to  superintend,  in  whole  or  in  part,  the 
erection  of  such  institution,  asylum,  building,  or 
improvement,  or  of  adding  to,  altering,  or  the  im- 
provement thereof,  or  the  making  of  the  plans,  de- 
scriptions, and  specifications  of  the  labor  to  be  per- 
formed and  materials  to  be  furnished,  as  provid- 


1008  Public  Works. 

ed  in  this  act,  and  the  estimates  of  the  cost  there 
of,  or  the  estimates  of  the  amount  of  labor  done 
and  materials  furnished  from  time  to  time,  under 
and  in  accordance  with  the  terms  and  conditions 
of  the  contracts  in  this  act  authorized  to  be  made, 
and  the  provisions  of  this  act,  who  shall,  in  the 
performance  of  the  duty  herein  imposed  upon  him 
or  upon  them,  knowingly  make  incomplete  or 
fraudulent  plans,  drawings,  bills  of  materials, 
specifications  of  work,  or  estimates  of  the  cost 
thereof,  or  permit  the  work  in  any  other  manner 
than  is  prescribed  in  such  plans,  descriptions,  and 
specifications,  or  with  materials  inferior  to  that 
required  by  such  bills  of  materials,  to  the  injury 
of  the  state;  or  shall  knowingly  make  false  esti- 
mates of  the  labor  done  or  materials  furnished, 
either  in  the  quantity  or  price  thereof,  to  the  in- 
jury of  the  state;  or  any  contractor,  or  any  agent 
of  any  contractor  or  contractors,  who  shall  know- 
ingly permit  materials  to  be  used  or  work  to  be 
done  inferior  to,  or  in  violation  of,  the  contract  of 
such  contractor  or  contractors,  to  the  injury  of  the 
state,  shall  be  deemed  and  held  firuiltv  of  a  felony, 
and  upon  conviction  thereof  shall  be  confined  in 
the  state  prison  for  not  less  than  one  year  nor 
more  than  five  years,  and  be  liable  to  the  state 
for  double  the  amount  the  state  may  have  lost,  or 
be  liable  to  lose,  by  reason  thereof. 
Attorney-general  to  enforce  contracts. 

Sec.  11.  It  shall  be  the  duty  of  the  attorney-gen- 
eral to  have  charge  of  and  direct  all  the  proceed- 
ings necessary  to  enforce  the  contracts  authorized 
by  this  act  and  the  provisions  of  this  act,  against 
such  person  or  persons  as  become  liable  to  the 
penalties  herein  prescribed. 
Officers  to  require  diligence  in  contractor. 

Sec.  12.  Whenever,  in  the  opinion  of  the  commis- 
sioners, directors,  trustees,  or  other  ofiicers  charged 
with  the  duty  of  devising  and  superintending  the 
erection,  alteration,  addition  to,  or  improvement  of 
any  state  institution,  asylum,  building,  or  other 
Improvement  under  this  act,  or  any  law  of  this 
state,  the  work  under  any  contract  made  in  pur- 
suance of  this  act,  or  any  such  law,  is  neglected  by 
the  contractor  or  contractors,  or  that  the  same  is 
not  prosecuted  with  the  diligence  and  force  speci- 


Public  Works.  1009 

fied,  meant,  or  intended  in  and  by  tlie  terms  of  the 
contract,  it  shall  be  lawful  for  such  commissioners, 
directors,  trustees,  or  other  officers  to  make  a  req- 
uisition upon  such  contractor  or  contractors  for 
such  additional  specific  force,  or  for  such  addition- 
al specific  materials,  to  be  brought  into  the  work 
under  such  contract,  or  to  remove  improper  mate- 
rials from  the  grounds,  as  in  the  judgment  of  such 
commissioners,  directors,  trustees,  or  other  offi- 
cers, said  contract  and  its  due  and  faithful  fulfill- 
ment require;  of  which  action  of  said  board  or 
other  officers,  due  notice  in  writing,  of  not  less 
than  five  days,  shall  be  served  upon  such  contrac-- 
tor,  or  his  or  their  agent  having  charge  of  the 
work.  And  if  such  contractor  or  contractors  fail 
to  comply  with  such  requisition  within  fifteen 
days,  it  shall  be  lawful  for  said  commissioners,  di- 
rectors, trustees,  or  other  officers,  with  the  consent, 
in  writing,  of  the  governor,  treasurer  of  state,  and 
secretary  of  state,  to  employ  upon  such  work  the 
additional  force,  or  supply  the  materials  so  specif- 
ically required  as  aforesaid,  or  such  part  of  either 
as  they  may  deem  proper,  and  to  remove  improper 
materials  from  the  grounds;  and  it  shall  be  the 
duty  of  such  commissioners,  directors,  trustees,  or 
other  officers,  to  make  separate  estimates  of  all 
such  additional  force  or  materials  so  employed  or 
supplied  as  aforesaid,  and  which,  being  certified 
to  by  said  commissioners,  directors,  trustees,  or 
other  officers,  shall  be  paid  by  the  controller  of 
state  the  same  as  if  made  out  agreeably  to  section 
seven  of  this  act,  and  the  amount  so  paid  shall  be 
charged  against  said  contractor  or  contractors, 
and  deducted  from  his  or  their  next,  or  any  subse- 
quent, estimate;  or  the  same,  or  any  part  thereof, 
not  paid  as  aforesaid,  may  be  recovered  by  action 
from  such  contractor  or  contractors,  and  their 
sureties. 
Time  to  be  fixed  for  completion  of  contract. 

Sec.  13.  In  all  contracts  made  under  the  provi- 
sions of  this  act,  there  shall  be  a  provision  in  re- 
gard to  the  time  when  the  whole,  or  any  specified 
portion,  of  the  work  contemplated  in  said  con- 
tract shall  be  completed,  and  also  providing  that 
for  each  and  every  day  the  same  shall  be  delayed 
beyond  such  time  or  times  so  named,  the  said  con- 
Gen.  Laws- 85. 


1010  Public  Works. 

tractor  or  contractors  shall  forfeit  and  pay  to  the 
state  a  sum  of  money,  to  be  fixed  and  determined 
in  said  contract,  to  be  deducted  from  any  payment 
or  payments  due,  or  to  become  due,  to  said  con- 
tractor or  contractors. 
Applicable  to  former  contracts. 

Sec.  14.  All  contracts  now  made  and  not  per- 
formed, for  the  erection,  alteration,  addition  to,  or 
improvement  of  any  state  institution,  asylum, 
building,  or  other  improvement,  shall,  as  far  as 
practicable,  be  performed,  completed,  and  enforced 
and  settled  for  under  this  act,  or  may,  by  the  con- 
st.nt  of  the  contracting  parties,  be  made  to  conform 
to  and  proceed  under  the  provisions  of  this  act. 

Sec.  15.  All  acts  and  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  16.  This  act  shall  take  effect  from  and  after 
its  passage. 


An  Act  to  provide  for  the  completion  of  all  unfin- 
ished county,  city,  city  and  county,  town,  and 
township  buildings  in  the  several  counties,  cit- 
ies and  counties,  cities,  and  towns,  through- 
out the  state  of  California. 

[Approved  March  10,  1887;  1887,  95.] 

Construction  of  unfinished  buildings. 

Section  1.  In  the  event  that  the  Board  of  Super- 
visors of  the  several  counties,  cities,  and  cities  and 
counties  of  the  State  of  California  shall  deem  it 
expedient  to  continue  the  construction  of  any  un- 
finished county,  or  city  and  county,  or  town,  or 
township  building  or  buildings  now  in  the  process 
of  construction,  they  are  hereby  authorized  and 
empowered  to  express  such  judgment,  by  resolu- 
tion or  order,  in  such  form  as  they  may  deem 
proper;  and  for  the  purpose  of  raising  the 
money  necessary  to  complete  said  building 
or  buildings  the  Board  of  Supervisors  of 
the  several  counties,  cities,  and  cities  and  coun- 
ties of  the  State  of  California  are  hereby  author- 
ized and  empowered  to  levy  and  collect,  annually, 
for  the  fiscal  year  commencing  July  first,  eighteen 
hundred  and  eighty-seven,  and  ending  June  thir- 
tieth, eighteen  hundred  and  eighty-eight,  and  each 
and  every  fiscal  year  thereafter  during  the  eight 


Public  Works.  1011 

fiscal  years  next  ensuing,  in  the  same  manner  and 
at  the  same  times  as  other  taxes  in  said  counties, 
cities,  and  towns,  and  townships,  and  cities  and 
counties  are  levied  and  collected,  an  ad  valorem 
property  tax  on  real  and  personal  property  within 
the  said  counties,  or  cities  and  counties,  cities, 
towns,  and  townsliips,  of  ten  cents  on  each  one 
hundred  dollars  of  value,  as  shown  by  the  assess- 
ment rolls  of  said  coimties,  cities,  cities  and  coun- 
ties, towns,  and  townships  for  the  current  fiscal 
year;  provided,  the  moneys  raised  under  the  pro- 
visions of  this  Act  shall  be  expended  only  in  the 
manner  and  for  the  purposes  authorized  by  law, 
or  by  the  Act  or  Acts  authorizing  the  construction 
of  the  building  or  buildinsrs;  and  provided  further, 
that  no  part  of  said  moneys  shall  be  used  for  the 
purchase  of  carpets,  furniture,  fixtures,  or  other 
oflace  furnishings  of  the  rooms  or  offices  com- 
pleted and  in  use  at  the  time  of  the  passage  of  this 
Act.  nor  for  any  furniture  or  other  office  fixtures 
or  furnishings  for  the  rooms  or  offices  yet  to  be 
completed,  save  and  except  such  office  fixtures  as 
are  usually  affixed  to  and  constitute  a  part  of  the 
permanent  structure  or  arrangement  of  such  of- 
fices or  rooms;  and  it  is  further  provided,  that 
whenever,  in  the  judgment  of  the  Board  of  Super- 
visors of  the  several  counties,  cities,  and  cities 
and  counties  of  the  State  of  California,  or  of  any 
person  or  persons,  board,  or  commission  having 
charge  of  any  building  or  buildings  now  in  the 
process  of  construction,  it  shall  be  deemed  neces- 
sary for  the  preservation  of  the  building  or  build- 
ings, or  convenient  occupation  thereof,  or  the  im- 
provement or  maintenance  of  sanitary  conditions 
therein,  or  the  protection  of  life,  to  make  repairs 
on  said  building  or  buildings,  or  alterations  there- 
of not  inconsistent  with  the  accepted  plan  of  the 
building  or  buildings,  the  Board  of  Supervisors, 
person  or  persons,  board,  or  commission  having 
legal  charge  of  the  same,  shall  have  the  power  to 
expend  in  any  one  year  on  such  repairs  or  altera- 
tions, exclusive  of  the  cost  of  repairs  or  altera- 
tions on  the  roof  or  roofs  thereof,  the  sum  of  ten 
thousand  dollars,  and  no  more;  which  sum  may 
be  expended  without  regard  to  any  of  the  require- 
ments of  any  Act  or  Acts  autliorizing  the  construc- 
tion of  the  building  or  buildings,  if  the  amount 


1012  Public  Works. 

expended  at  any  one  time  does  not  exceed  the  sum 
of  one  thousand  dollars;  but  whenever  an  expen- 
diture in  excess  of  the  sum  of  one  thousand  dol- 
lars should  be  required,  it  shall  be  made  according 
to  the  provisions  of  the  Act  or  Acts  authorizing 
the  construction  of  the  building  or  buildings. 
[Amendment  approved  March  26,  1895;  Stats.  1895, 
chap,  clxii.    In  effect  immediately.] 

Sec.  2.  All  laws  now  in  force,  except  in  so  far 
as  they  relate  to  the  levy  and  collection  of  taxes 
for  the  completion  of  any  county,  or  city  and 
county,  or  city,  or  towns,  or  townships  building 
or  buildings,  are  hereby  continued  in  full  force  and 
effect. 


An  Act  concerning  the  completion  of  unfinished 
public  buildings  in  any  county,  city,  city  and 
county,  or  town  in  this  state,  and  permitting 
alterations  of  the  original  plans  or  designs  for 
the  construction  thereof. 

[Stat,  approved  March  26,  1895.    Stats.  1895,  chap, 
clxi.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Where  there  are  any  unfinished  pub- 
lic building  or  buildings  now  in  process  of  con- 
struction in  any  county,  city,  city  and  county,  or 
town  in  this  State,  the  Board  of  Supervisors  or 
other  governing  body  of  any  county,  city,  city  and 
county,  or  town,  or  any  commission  created  by 
an  Act  of  the  Legislature,  having  in  charge  the 
construction  of  such  unfinished  building,  shall 
have  the  right  in  the  construction  thereof  to  omit 
from  the  original  or  adopted  plan  therefor  such 
part  or  parts  as  in  their  judgment  they  shall  deem 
necessary  to  be  left  out;  provided,  no  contract  has 
been  let  for  the  construction  of  such  part  or  parts. 
If,  in  the  judgment  of  such  officers,  the  public  good 
requires,  they  may  let  contracts  according  to  law 
for  the  construction,  in  whole  or  in  part,  of  the 
unfinished  portions  of  such  public  building  or 
buildings  in  accordance  with  such  altered  plan. 
W'hen  the  same  shall  have  been  constructed  in  ac- 
cordance with  such  altered  plan,  the  building  shall 
b(!  deemed  to  have  been  completed. 


Public  Works.  1013 

Sec.  2.  Wheuever.  during  the  construction  of 
sucii  public  building  or  buildings,  changes  in 
the  original  plans  or  designs  have  heretofore 
been  made,  and  contracts  for  the  construction  of 
the  work,  in  whole  or  in  part,  in  accordance  with 
the  altered  plans  or  designs,  have  been  entered 
into  by  the  Board  of  Supervisors,  or  other  govern- 
ing body  of  any  county,  city,  city  and  county,  or 
town,  or  by  the  commission  having  the  construc- 
tion thereof  in  charge,  the  said  alteration  of  the 
original  plans  or  designs  that  have  been  made  and 
contracts  for  same  that  have  been  entered  into, 
are  herebv  ratified,  approved,  and  confirmed. 

Sec.  3.  This  Act  shall  take  effect  from  and  after 
its  passage. 


An  act  authorizing  the  incurring  of  indebt- 
edness by  cities,  towns,  and  municipal  cor- 
porations, incorporated  under  the  laws  of 
this  state;  for  the  construction  of  water- 
works, sewers,  and  all  necessary  public 
improvements,  or  for  any  purpose  what- 
ever, and  to  repeal  the  act  approved 
March  9,  1885,  entitled  "An  Act  to  authorize 
municipal  corporations  of  the  fifth  class,  con- 
taining more  than  three  thousand  and  less  than 
ten  thousand  inhabitants,  to  obtain  water- 
works"; also  to  repeal  an  act  approved  March 
15,  1887.  entitled  "An  Act  authorizing  the  in- 
curring of  indebtedness  by  cities,  towns,  and 
municipal  corporations,  incorporated  under  the 
laws  of  this  state." 

[Approved  March  19,  1889;   1889,  399.] 

Municipal  corporations  may  incur  indebtedness. 

Section  1.  Any  city,  town  or  municipal  corpo- 
ration, incorporated  under  the  laws  of  this  state, 
may.  as  hereinafter  provided,  incur  indebtedness 
to  pay  the  cost  of  any  municipal  improvement,  or 
for  any  purpose  whatever  requiring  an  expendi- 
ture greater  than  the  amount  allowed  for  such  im- 
provement by  the  annual  tax  levy. 
Manner  of  procedure. 

Sec.  2.    Whenever  the  legislative  branch  of  any 
city,  town,  or  municipal  corporation  shall,  by  or- 


1014  Public  Works. 

dinance  passed  by  a  vote  of  two-thirds  of  all  it« 
members,  and  approved  by  the  executive  of  said 
city,  town,  or  municipal  corporation,  determine 
that  the  public  interest  or  necessity  demands  the 
acquisition,  construction,  or  completion  of  any  mu- 
nicipal buildings,  bridges,  water-works,  water 
r- gilts,  sewers,  or  other  municipal  improvements 
the  cost  of  which  will  be  too  great  to  be  paid  out 
of  the  ordinary  annual  income  and  revenue  of  the 
municipality,  they  may,  after  the  publication  of 
such  ordinance  for  at  least  two  weeks  in  some 
newspaper  published  in  such  municipality,  and  at 
their  next  regular  meeting  after  such  publication, 
or  at  an  adjourned  meeting,  by  ordinance  passed 
by  a  vote  of  two-thirds  of  all  its  members,  and  also 
approved  by  the  said  executive,  call  a  special  elec- 
tion and  submit  to  the  qualified  voters  of  said  city, 
town,  or  municipal  corporation,  the  proposition 
for  the  purpose  set  forth  in  the  ordinance,  and 
no  question  other  than  the  incurring  of  indebt- 
edness for  said  purpose  shall  be  submitted. 
The  ordinance  calling  such  special  election  shall 
recite  the  objects  and  purposes  for  which  the 
indebtedness  is  proposed  to  be  incurred,  the  es- 
timated cost  of  the  proposed  public  improvement, 
the  necessity  for  such  improvement,  and  that 
bonds  of  the  municipality  shall  issue  for  the  pay- 
ment of  the  cost  of  such  improvement,  as  in  such 
ordinance  set  forth,  if  the  proposition  be  accepted 
by  the  qualified  voters,  as  hereinafter  provided, 
and  shall  fix  the  day  on  which  such  special  elec- 
tion shall  be  held,  the  manner  of  holding  such  elec- 
tion, and  the  voting  for  or  against  incurring  such 
indebtedness;  such  election  shall  be  held  as  pro- 
vided by  law  for  holding  such  elections  in  such 
city,  town,  or  municipal  corporation;  provided, 
however,  that  where  by  the  terms  or  provisions 
of  the  charter  of  any  city,  town,  or 'municipal  cor- 
poration, tlie  cost  of  making  the  proposed  im- 
provements is  to  be  or  must  be  paid  from  a  spec- 
ial fund  created  by  such  charter  for  that  pur- 
pose, the  proposition  of  incurring  such  an  indebt- 
edness may  be  submitted  to  the  qualified  voters 
at  any  general  election  for  officers  of  the  state  of 
California  or  of  such  city,  town,  or  municipal  cor- 
poration. [Amendment  approved  March  11,  1891, 
Stats.  1891,  p.  94.] 


Public  Works.  1015 

Publication  of  intention  to  incur  indebtedness. 

Sec.  3.  Sucii  ordinance  shall  be  published  once 
a  day  for  at  least  ten  days,  or  once  a  week  for 
two  weeks,  before  the  publication  of  the  notice  of 
the  special  election,  in  some  newspaper  published 
in  such  municipality.  After  said  publication,  said 
legislative  body  shall  cause  to  be  published,  for 
not  less  than  two  weeks,  in  at  least  one  of  the 
newspapers  published  in  such  municipality,  a  no- 
tice of  such  special  election,  the  purpose  for  which 
the  indebtedness  is  to  be  incurred,  the  number  and 
character  of  the  bonds  to  be  issued,  the  rate  of  in- 
terest to  be  paid,  and  the  amount  of  tax  levy  to 
be  made  for  the  payment  thereof.  It  shall  require 
the  votes  of  two-thirds  of  all  the  voters  voting  at 
such  special  election  to  authorize  the  issuance  of 
the  bonds  herein  provided. 
Plans  and  estimates  of  improvements. 

Sec.  4.  It  shall  be  the  duty  of  the  legislative 
branch  of  any  municipality  contemplating  perma- 
nent public  improvements,  to  first  have  plans  and 
estimates  of  the  cost  of  such  improvements,  made 
b.v  a  competent  engineer  or  architect  who  has  had 
successful  experience  in  such  work,  before  the 
question  of  incurring  an  indebtedness  for  such 
improvement  is  submitted  to  vote. 
Limit  of  indebtedness. 

Sec.  5.  No  city,  town,  or  mtmicipal  corporation 
shall  incur  an  indebtedness  for  public  improve- 
ments which  shall,  in  the  aggregate,  exceed  fifteen 
per  cent  of  the  assessed  value  of  all  the  real  and 
personal  property  of  such  city,  town,  or  municipal 
corporation.  [Amendment  approved  March  11, 
1S91;  Stats.  1891,  p.  84.] 

Character  of  bonds. 

Section  6.  All  municipal  bonds  for  public  im- 
provements issued  under  the  provisions  of  this  act 
shall  be  of  the  character  of  bonds  known  as  ser- 
ials, and  shall  be  payable  in  gold  coin  or  lawful 
money  of  the  United  States,  in*  the  manner  follow- 
i  jg:  One  fortieth  part  of  the  whole  amount  of  in- 
debtedness shall  be  paid  each  and  every  year,  on  a 
day  and  at  a  place  to  be  fixed  by  the  legislative 
branch  of  the  municipality  issuing  the  bonds,  to- 
gether with  the  interest  on  all  sums  unpaid  at 
such  date.    The  bonds  shall  be  issued  in  such  de- 


1016  Public  Works. 

nominations  as  the  legislative  branch  of  the  muni- 
cipality may  determine,  except  that  no  bonds  shall 
be  of  a  less  denomination  than  one  hundred  dol- 
lars nor  of  a  greater  denomination  than  one  thou- 
sand dollars  each,  payable  on  the  day  and  at  the 
place  iixed  in  such  bond,  and  with  interest  at  the 
rate  specified  in  the  bond,  which  rate  shall  not  be 
in  excess  of  the  legal  rate  of  the  state  of  Califor- 
nia, and  may  be  payable  annually  or  semi-annu- 
ally. Such  bonds  may  be  issued  and  sold  by  the 
legislative  branch  of  the  city,  town,  or  municipal 
corporation,  as  they  may  determine,  at  not  less 
than  their  face  value,  in  gold  coin  of  the  United 
States,  and  the  proceeds  of  such  sale  shall  be 
placed  in  the  municipal  treasury  to  the  credit  of 
the  proper  improvement  fund,  and  shall  be  applied 
exclusively  to  the  purposes  and  objects  mentioned 
in  the  ordinance,  until  such  objects  are  fully  ac- 
complished, after  which,  if  any  surplus  remains, 
such  surplus  shall  be  transferred  to  the  general 
fund  of  such  municipality.  [Amendment  approved 
March  1,  1893;  Stats.  1893,  p.  61.  In  effect  imme- 
diately.   Repealed  all  conflicting  acts.] 

[This  section  was  in  turn  repealed  by  the  act 
of  March  9,  1897;  Stats.  1897,  p.  75.] 

Rate  of  interest. 

Sec.  7.  The  legislative  branch  of  any  city,  town, 
01  municipal  corporation,  issuing  bonds  under  au- 
thority of  this  act,  shall  have  the  right  to  deter- 
mine the  rate  of  interest  such  bonds  shall  bear; 
provided,  that  in  no  case  shall  it  exceed  seven  per 
cent  per  annum,  and  to  name  the  date  and  place 
where  such  bonds  and  interest  shall  be  paid;  pro- 
vided, that  the  place  of  payment  shall  be  either 
at  the  oflice  of  the  treasurer  of  the  municipality, 
or  at  some  designated  bank  in  San  Francisco,  Chi- 
cago, New  York,  or  Boston.  The  said  bonds  shall 
be  signed  by  the  executive  of  the  municipality,  and 
also  by  the  treasurer  thereof,  and  shall  be  counter- 
signed by  the  clerk.  The  coupons  of  said  bonds 
shall  be  numbered*  consecutively,  and  signed  by 
the  treasurer. 
Tax  levy. 

Section  8.  The  legislative  branch  of  said  city, 
town,  or  municipal  corporation  shall,  at  the  time 
of  fixing  the  general  tax   levy,  and  in  the  manner 


Public  Works.  1017 

for  such  general  tax  levy  provided,  levy  and  col- 
lect annually,  each  year,  for  the  term  of  forty 
years,  a  tax  sufficient  to  pay  the  annual  interest 
on  such  bonds,  and  also  one-fortieth  part  of  the 
aggregate  amount  of  such  indebtedness  so  incur- 
red. The  taxes  herein  required  to  be  levied  and 
collected  shall  be  in  addition  to  all  other  taxes 
levied  for  municipal  purposes,  and  shall  be  col- 
lected at  the  same  time  and  in  the  same  manner 
as  other  municipal  taxes  are  collected.  [Amend- 
ment approved  March  1,  1893;  Stats.  1893,  p.  61. 
In  effect  immediately.  Repealed  all  conflicting 
acts.] 

[This  section  was  in  turn  repealed  by  the  act  of 
March  9,  1897;  Stats.  1897,  p.  75.] 
Duty  of  corporation. 

Sec.  9.  It  shall  be  the  duty  of  the  legislative 
branch  of  every  city,  town,  or  municipal  corpora- 
tion wherein  public  improvements  are  being  made 
under  the  provisions  of  this  act,  to  make  all  need- 
ful rules  and  regulations  for  carrying  out  and 
maintaining  such  improvements,  to  appoint  all 
r.eedful  agents,  superintendents,  and  engineers  to 
properly  look  after  the  construction  and  operation 
of  such  public  works,  and  in  all  lawful  ways  to 
protect  and  preserve  the  rights  and  interest  of  the 
municipality;  provided,  however,  that  in  cities, 
towns,  or  municipalities  operating  under  a  charter 
heretofore  or  hereafter  framed  under  section  8 
of  article  xi  of  the  constitution,  and  having  a 
board  of  public  works,  all  the  matters  and  things 
required  in  this  section  to  be  done  and  performed 
by  the  legislative  branch  of  the  municipality 
shall  be  done  and  performed  by  the  board  of  pub- 
lic works  of  such  city,  town,  or  municipality. 
[Amendment  approved  March  19,  1891,  Stats.  1891, 
p.  132.  J 

Letting  of  contracts. 

Sec.  10.  All  contracts  for  the  construction  or 
completion  of  any  public  work  or  improvements, 
or  foe  furnishing  labor  or  materials  therefor,  as 
herein  provided,  shall  be  let  to  the  lowest  responsi- 
ble bidder.  The  legislative  branch  of  the  munici- 
pality shall  advertise  for  at  least  ten  days,  in  one 
o"  more  newspapers  published  in  the  municipality. 


1018  Public  Works. 

inviting  sealed  proposals  for  furnishing  tbe  labor 
and  materials  for  the  proposed  improvements,  be- 
fore any  contracts  shall  be  made  therefor.  The 
said  legislative  branch  shall  have  the  right  to  re- 
quire such  bonds  as  they  may  deem  best,  from  the 
successful  bidder,  to  insure  the  faithful  perform- 
ance of  the  contract  work.  They  shall  also  have 
the  right  to  reject  any  or  all  bids;  provided,  how- 
ever, that  in  cities,  towns,  or  municipalities  oper- 
ating under  a  charter  heretofore  or  hereafter 
framed  under  section  8  of  article  xi  of  the  consti- 
tution, and  having  a  board  of  public  works,  all  the 
matters  and  things  required  in  this  section  to  be 
done  and  performed  by  the  legislative  branch  of 
the  municipality  shall  be  done  and  performed  by 
the  board  of  public  works  of  such  city,  town,  or 
municipality.  [Amendment  approved  March  19, 
1891,  Stats.  1891,  p.  132.] 

Additional  bonds  of  treasurer. 

Sec.  11.  Whenever  the  legislative  branch  of  any 
municipality  shall,  by  resolution,  deem  it  neces- 
sary, they  may  require  the  treasurer  of  such  muni- 
cipality to  give  additional  bonds  for  the  safe  cus- 
tody and  care  of  the  public  funds. 
Repealing  acts  1885,  1887. 

Sec.  12.  The  act  approved  March  ninth,  eighteen 
hundred  and  eighty-five,  entitled  "An  Act  to  au- 
thorize municipal  corporations  of  the  fifth  class, 
containing  more  than  three  thousand  and  less  than 
ten  thousand  inhabitants,  to  obtain  public  water- 
works." and  the  act  approved  March  fifteenth, 
eighteen  hundred  and  eighty-seven,  entitled  "An 
Act  authorizing  the  incurring  of  indebtedness  by 
cities,  towns,  and  municipal  corporations,  incorpo- 
rated under  the  laws  of  this  state,"  and  all  general 
acts,  or  special  acts,  or  parts  of  acts,  conflicting 
with  this  act,  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

The  act  of  March  15,  1887.  was  also  amended  by 
act  approved  February  16,  1889;  Statutes  1889,  14. 


Quarantine.  1019 

TITLE  224. 

QUARANTINE. 

An  Act  to  establish  a  quarantine  for  the  bay  and 
harbor  of  San  Francisco,  and  sanitary  laws  for 
the  city  and  county  of  San  Francisco. 
[Approved  April  4,  1870;  1869-70,  716.] 

This  act  was  amended  March  16,  1876;  1875-6, 
305. 

Other  special  acts  relating  to  quarantine  in  San 
Francisco:  See  Deering's  Annotated  Political  Code 
under  section  3032. 


An  Act  to  regulate  quarantine,  and  the  admission 
of  horses,    cattle,    sheep,    and  swine  into  the 
state  of  California  from  infected  districts. 
[Approved  March  19,  1889;  1889,  375.] 
Quarantine  against  entry  of  domestic  animals. 

Section  1.  The  state  board  of  health  shall  be 
empowered  to  declare  quarantine  against  the  en- 
try of  domestic  animals  from  any  state  or  terri- 
tory, or  any  foreign  port  or  country,  in  which  con 
tagious  or  infectious  diseases  are  known  to  exist; 
&aid  infected  parts  to  be  named  in  the  proclama- 
tion. 
Entry  of,  through  state  board  of  health. 

Sec.  2.  All  domestic  animals  •  coming  into  the 
state  from  districts  mentioned  in  section  one  must 
be  required  to  enter  the  state  at  such  points  only 
ar-  the  state  board  of  health  may  by  proclamation 
determine,  and  designate  where  they  must  be  un- 
loaded for  inspection. 
Evidence  of  owners. 

Sec.  3.  All  owners  of  domestic  animals  coming 
into  this  state  from  localities  quarantined  against 
will  be  required  to  furnish  the  following  evidence 
that  such  animals  are  free  from  disease. 

First— The  affidavit  of  two  disinterested  parties, 
who  have  known  such  animals  for  a  period  of  four 
months  prior  to  the  date  of  shipment,  that  they 
have  been  healthy,  and  exposed  to  no  contagious 


1020  Quarantine. 

disease,  and  that  no  contagious  disease  is  linown 
or  believed  to  exist  in  the  district  or  country  from 
which  they  came. 

Second— The  certificate  of  the  county  clerli  of 
the  county,  that  persons  making  such  affidavit  are 
responsible  and  reputable  citizens  of  the  county. 

Third— The  affidavit  of  the  owner  or  person  in 
(barge,  made  at  the  point  of  entry,  that  such 
domestic  animals  are  the  identical  animals  de- 
scribed in  the  foregoing  affidavits,  and  that  ship- 
ment has  been  direct,  and  without  unloading,  ex- 
cept for  food  and  water,  and  in  cleansed  and  dis- 
mfected  cars. 
Affidavit  of  owners. 

Sec.  4.  Owners  or  persons  in  charge  of  domes- 
tic animals  from  localities  not  named  in  such 
proclamation  must  certify,  under  oath,  that  such 
domestic  animals  have  been  kept  in  one  place  for 
a  period  of  four  months  immediately  preceding 
file  date  of  shipment  (giving  the  name  of  the  town 
and  county  and  state,  territory,  or  country),  and 
have  not  been  exposed  to  any  contagious  disease 
for  a  period  of  three  months  prior  to  the  date  of 
shipment. 
Evidence  to  be  submitted. 

Sec.  5.    All  the  foregoing  evidence  to   be   sub- 
mitted to  the  state  veterinarian,  or  an  authorized 
'iispector  of  the  state,  when  permits  for  shipment 
in  this  state  shall  be  issued. 
Quarantined  calves. 

Sec.  6.    Dealers'  calves  gathered  in  quarantined 
states   or  territories  will  be   quarantined   at  the 
points  of  entry. 
Domestic  animals. 

Sec.  7.    Domestic  animals  not  receiving  permits 
for  shipment,  and  retained  in  quarantine,  will  be 
held  at  the  owner's  risk  and  expense. 
Same. 

Sec.  8.    All  domestic  animals  arriving  at  points 
or  entry  shall  be  inspected  free  of  charge  to  the 
owner. 
Railway  company  must  have  permit. 

Sec.  9.  No  railway  company  doing  business  in 
this  state  shall  receive  for  shipment  into  this 
state  any  domestic  animals  unless  accompanied 
by  a  permit  signed  by  an  authorized  inspector. 


Quarantine.  1021 

Cattle,  when  not  to  enter  state. 

See.  10.  No  cattle  shall  e'^ter  this  state  from 
Texas,  New  Mexico,  or  Mexico,  for  grazing  pur- 
Ijoses  during  the  months  of  March,  April,  May, 
,Tune,  July.  August,  September,  October,  and  No- 
vember in  each  year. 
Shipment  for  slaughter. 

Sec.  11.  All  cattle  from  those  parts  mentioned 
in  section  ten  entering  this  state  during  the 
months  mentioned  in  section  ten,  and  intended  for 
butchering  purposes,  shall  pass  from  the  point  of 
entry  into  the  slaughter-house  yard,  which  yard 
shall  be  specially  constructed  and  isolated  for  the 
puipose  of  receiving  such  stock.  The  stock  shall 
be  unshipped  in  said  yard  direct  from  the  cars 
running  into  the  yards  for  that  purpose. 
Character  of  cars. 

Sec.  12.  Said  cattle  shall  moreover  be  shipped 
in  specially  constructed  cars,  which  will  prevent 
the  dropping  of  manure  and  urine  on  the  track 
during  transit,  and  in  unshipping  such  cattle  the 
cars  shall  be  thoroughly  disinfected  with  ear- 
bolized  whitewash. 
When  may  be  unshipped. 

Sec.  13.  All  cattle  entering  this  state  for  the 
purposes  mentioned  in  section  eleven  shall  only 
l-e  unshipped  between  the  point  of  entry  and  des- 
tination at  places  set  apart  by  the  state  board  of 
health  in  its  proclamation;  and  no  native  stock 
f;hall  be  allowed  at  any  time  to  enter  said  places; 
taid  places  shall  be  moreover  thoroughly  disinfect- 
ed in  such  manner  as  the  state  board  of  health 
may  direct. 
Violation  of  act. 

Sec.  14.  Any  person  or  persons,  corporations,  or 
firms,  who  shall  violate  any  of  the  provisions  of 
this  act.  shall  be  liable  for  all  damages  sustained, 
and  a  fine  of  one  thousand  dollars,  to  be  recov- 
ered in  any  court  of  competent  .iurisdiction,  on  ac- 
count of  any  contagious  or  infectious  disease 
being  communicated  from  any  diseased  animal  to 
any  other  animal  in  the  neighborhood,  or  along 
the  line  of  such  transportation  of  such  diseased 
animals  into  or  through  this  state,  or  from  one 
part  thereof  to  another;  and  the  existence  or  pres- 
ence of  such  contagious  or  infectious  disease 
Gen.  Laws.— 8t> 


1022  Railroads. 

amouj?  the  native  cattle  of  this  state  on  the  same 
ranch  with  or  in  the  vicinity  of  any  such  diseased 
animals,  or  along  the  line  or  route  over  which 
they  were  transported,  shall  be  prima  facie  evi- 
dence that  the  same  were  affected  with  such  di- 
sease at  the  time  of  being'  so  removed  or  trans- 
ported, and  communicated  it  to  such  native 
domestic  animals  so  affected  therewith. 
Definition. 

Sec.  15.    The  words  "domestic  animals"   when- 
ever used  in  this  act  shall  be  construed  to  mean 
nnd  include  horses,   mules,   asses,  cattle,     sheep, 
goats,  and  swine. 
Iispectors  to  be  appointed. 

Sec.  16.  The  state  board  of  health  are  hereby 
authorized  to  appoint  one  inspector  for  each  of  the 
ponts  of  entry  by  railroad .  communication  into 
this  state,  who  shall  reside  at  such  point  as  may 
be  designated  by  the  state  board  of  health,  and 
shall  receive  such  compensation  for  actual  sorv 
ices  as  may  be  determined  by  said  board,  not  to 
exceed  one  hundred  dollars  per  month;  such  com- 
pensation to  be  paid  out  of  any  moneys  in  the 
state  treasury  not  otherwise  appropriated,  upon 
the  warrants  of  the  controller  of  state  drawn  upon 
the  certificate  of  the  state  board,  of  health  allowing 
the  same. 

Sec.  17.    This  act  shall  take  effect  immediately. 


TITLE  325. 

RAILROADS. 

A  reference  to  acts  bearing  on  this  subject  is 
contained  in  Deering's  Annotated  Penal  Code,  pp. 
C52,  653. 

An  act  granting  the  right  of     way     and     station 
grounds  to   the   Southern   California   Railway 
Company     over     a     portion     of     the     asylum 
grounds  in  the  county  of  San  Bernardino. 
[Approved   March   9,   1893;   Stats.   1893,   121.] 
The  purpose  of  the  act  is  sufficiently  indicated 
In  the  title. 


Railroads.  102a 

A.n  act  to  authorize  cities  and  towns  to  grant 
franchises  for  the  construction  and  mainten- 
ance of  railroads  beyond  the  limits  of  such 
cities  or  towns  leading  to  public  parks  owned 
thereby. 

The  people  of  the  state  of  California,  represented 
in  the  senate  and  assembly,  do  enact  as  fol- 
lows: 

Sec.  1.  It  shall  be  lawful  for  the  council,  trust- 
-•es,  or  other  governing  body  of  any  citv  or  town 
owning  public  parlis  situated  outside  of  said  city 
or  town,  to  grant  franchises  for  the  building  and 
operation  of  railroads  from  any  point  in,  or  at 
the  exterior  boundary  of  such  city  or  town,  to,  in, 
or  through  such  parlv,  in  the  same  manner  and  to- 
'he  same  extent  as  it  now  has  power  to  grant  the 
same  for  street  railroads  within  the  limits  of  such 
city  or  town;  provided,  that  in  addition  to  all 
other  conditions,  it  shall  be  made  a  condition  of 
such  franchise  that  the  fare  of  passengers  on  such 
road  or  roads  shall  never  exceed  five  cents  for  a 
single  trip. 

Sec.  2.  All  railroads,  except  as  otherwise  pro- 
vided in  this  act,  authorized  by  ihls  act  to  be  so 
chartered  shall  be  governed  by  the  provisions  of 
piT.rt  four,  title  four,  of  the  Civil  Code  of  Califor- 
nia, concerning  street  railroads  and  corporations, 
so  far  as  the  same  shall  be  applicable  thereto,  and 
of  all  acts  amendatory  thereof.  Also  by  the  pro- 
visions of  ''An^  act  providing  for  the  sale  of  rail- 
road and  other  franchises  in  municipalities  and 
relative  to  granting  of  francises,"  approved  March 
twentj -third,  eighteen  hundred  and  ninety-three. 

Sec.  3.    This  act  shall  take  effect  immediately. 

[Became  a  law.  under  constitutional  provision, 
without  governor's  approval,  March  1,  1897; 
Stats.  1897,  chap.  l.J 


An  Act  to  promote  the  safety  of  employes  and 
passengers  upon  street  railroads,  by  compel- 
ling equipment  of  cars  and  dummies  with  fen- 
ders and  bralves.  and  to  prescribe  penalties. 

[Approved  March  22,  1899;   Stats.   1899,  ch.   150. T 


1024    Ramie  Culture— Reclamation  Districts. 

TITLE  226. 

RAMIE     CULTURE. 

An  act  to  encourage  the  cultivation  of  ramie  in 
the  state  of  California,  to  provide  a  bounty  for 
ramie  fiber,  and    to    make    an    appropriation 
therefor;  to  appoint  a  state  superintendent  of 
ramie  culture,  and  make  an  appropriation  for 
his  salary. 
[Approved  March  31,  1891;  Stats.  1891,  p.  283.] 
The  act  appropriated  $5,000  for  the  purpose  in- 
dicated. 


TITLE  227. 

RECLAMATION     DISTRICTS. 

An  act  to  provide  for  the  issuing^  of  bonds  by  re- 
clamation districts,  and  the  disposal  thereof  for 
reclamation  and  other  purposes,  and  their  pay- 
ment by  taxation  upon  the  property  situated 
in  such  reclamation  districts. 

[Stat,  approved  March  27.  1895;  Stats.  1895,  chap, 
clxxiv.] 

The  people  of  the  state  of  California,  represented 
in  senate  and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  in  the  opinion  of  the 
board  of  trustees  of  any  reclamation  district  now 
formed,  or  hereafter  to  be  formed,  under  any  law 
of  this  state,  the  cost  of  the  works  of  reclama- 
tion according:  to  the  plans  thereof  will  be  too 
great  to  be  raised  by  assessments  as  provided  in 
the  Political  Code,  said  board  of  trustees  shall  or- 
der a  special  election  to  be  held  at  some  place  in 
said  district  to  be  designated  by  said  board  of 
trustees,  at  which  said  special  election  shall  be 
submitted  to  the  owners  of  land  in  said  district 
the  question  whether  or  not  the  bonds  of  said  dis- 
trict shall  be  issued  in  an  amount  necessary  to 
construct  said  works  of  reclamation,  which  said 
amount  shall  be  estimated  by  said  board  of  trus- 
tees, and  stated  in  the  order  for  such  special  elec- 
tion. 


Reclamatiou  Districts.  1025 

Sec.  2.  Notice  of  such  special  election  must  be 
given  by  tlie  board  of  trustees  by  posting  notices 
thereof  in  at  least  three  public  places  in  the  dis- 
trict, at  least  twenty  days  prior  thereto,  and  also 
by  publication  for  the  same  time  in  some  news- 
paper published  in  each  county  in  which  any  por- 
tion of  said  district  may  be  situated,  if  there  be 
a  newspaper  published  in  each  of  such  counties,, 
and  if  there  is  no  newspaper  so  published,  then 
by  such  publication  in  each  county  in  which  there 
is  a  newspaper  published,  and  such  notice  must 
specify  the  time  and  place  of  holding  such  elec- 
tion, the  amount  of  bonds  proposed  to  be  issued, 
and  the  names  of  three  land-holders  of  the  dis- 
trict to  act  as  a  board  of  election. 

Sec.  3.  At  such  election  each  holder  of  lands 
in  the  district  shall  be  entitled  to  vote  in  person 
or  by  proxy,  and  shall  have  the  right  to  cast  one 
vote  for  each  dollar's  worth  of  real  estate  owned 
by  him  in  the  district,  the  value  thereof  to  be  de- 
termined from  the  next  preceding  assessment  roll 
of  the  county  where  the  same  is  situated;  and  the 
board  of  trustees  of  the  district  shall,  prior  to  the 
elec-tion,  procure  from  the  assessor  of  each  county 
where  any  portion  of  the  district  is  situated,  a 
list,  certified"  by  such  assessor,  containing  a  de- 
scription of  all  the  land  of  the  district  situated  in 
such  county,  the  name  of  the  person  to  whom 
each  tract  is  assessed,  and  the  value  thereof  as 
appears  from  the  assessment  roll  of  said  county, 
which  said  list  shall  be  furnished  to  and  be  used 
by  the  said  board  of  election  in  determining  the 
number  of  votes  each  voter  is  entitled  to  cast. 
No  person  shall  vote  by  proxy  at  such  election, 
unless  authority  to  cast  such  vote  shall  be  evi- 
denced by  an  instrument  in  writing,  duly  ac- 
knowledged and  certified  as  grants  of  real  prop- 
erty, and  filed  with  the  board  of  election.  The 
ballots  cast  at  such  election  shall  contain  the 
words  "Bonds— Yes,"  or  the  words  "Bonds— No,' 
and  also  the  name  of  the  person  casting  the  bal- 
lot, with  the  number  of  votes  cast  by  him;  and 
a  list  of  the  ballots  cast  shall  be  made  by  the 
board  of  election,  containing  the  name  of  the 
voter,  and  if  the  ballot  be  cast  by  proxy,  the 
name  of  the  person  casting  it,  the  number  of  votes 
cast,  and  whether  the  same  be  cast  for  or  against 
the  issuing  of  the  bonds. 


1026  Reclamation  Districts. 

Sec.  4.  If  the  persons,  or  any  of  them,  appoint- 
ed and  specified  in  the  notice  of  election  as  the 
board  of  election  fail  to  attend  at  the  time  and 
place  appointed  for  the  election,  the  voters  pres- 
ent at  tiie  time  for  opening  the  polls  may  appoint 
any  land-holder  of  the  district  then  present  to 
fill  the  place  of  any  absent  member  thereof.  Each 
member  of  such  board  of  election  must,  before 
entering  upon  his  duties  as  such,  taken  an  official 
oath  as  such  member  of  the  board  of  election, 
which  said  oath  may  be  administered  by  any  offi- 
cer authorized  to  administer  oaths,  or  by  any 
land-holder  in  the  district.  The  polls  shall  be  kept 
open  for  the  reception  of  votes  from  ten  o'clock 
A.  M.  until  four  o'clock  P.  M.  At  the  close  of 
the  polls  the  board  of  election  shall  at  once  pro- 
ceed to  canvass  the  votes,  and  declare  the  result 
and  forward  a  certificate,  showing  the  number  of 
votes  east  for  and  against  the  issuing  of  bonds,  to 
the  board  of  supervisors  of  the  county  where  the 
district  was  formed,  and  deliver  a  duplicate 
thereof  to  the  board  of  trustees  of  the  district, 
and  shall  also  deliver  to  the  said  board  of  trustees 
all  ballots  cast  at  such  election,  and  all  docu- 
ments and  papers  used  at  such  election. 

Sec.  5.  If  a  majority  of  the  votes  cast  at  such 
election  are  in  favor  of  the  issuance  of  bonds,  the 
board  of  trustees  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  elec- 
tion to  be  issued  and  placed  in  the  custody  of 
the  treasurer  of  the  county  in  which  the  district 
was  formed.  Said  bonds  shall  be  of  the  denom- 
ination of  one  hundred  dollars  each,  shall  be  nego- 
tiable in  form,  signed  by  the  president  of  the  board 
of  trustees  of  the  district,  and  the  chairman  of  the 
board  of  supervisors  of  said  county,  and  attested 
by  the  clerk  of  said  board  of  supervisors,  and  the 
seal  of  said  Iward  of  supervisors,  shall  be  num- 
bered consecutively  as  issued,  and  bear  date  at 
the  time  of  their  issue,  and  shall  express  on  their 
face  that  they  were  issued  by  authority  of  this 
act,  stating  its  title  and  dnte  of  approval,  and  the 
date  of  the  election  at  which  their  issuance  was 
authorized.  Said  bonds  shall  bear  interest  at  the 
rate  of  seven  per  cent,  per  annum,  payable  semi- 
anually  on  the  first  day  of  January  and  the  first 
day  of  July  in  each  year,  at  the  office  of  said 
county   treasurer,    upon   the   presentation   of   the 


Reclajmation  Districts.  1027 

proper  coupons  therefor.  Coupons  for  each  in- 
stallment of  interest  shall  be  attached  to  said 
bonds,  and  shall  be  numbered,  signed,  and  at- 
tested, in  the  same  manner  as  the  bond.  The  prin- 
cipal of  said  bonds  shall  be  paid  as  follows,  to 
wit:  Ten  per  cent,  of  the  whole  amount  of  bonds 
issued,  according  to  tlieir  consecutive  numbers, 
shall  be  paid  in  ten  years  from  the  date  of  their 
issue,  at  the  office  of  said  county  treasurer,  and 
ten  per  cent,  thereof  each  succeeding  year  there- 
after, until  all  are  paid.  If  any  bond  shall  not 
be  presented  for  payment  when  the  same  becomes 
due,  it  shall  cease  to  draw  interest;  but  if  pre- 
sented at  such  time,  and  not  paid  for  want  of 
funds,  the  said  county  treasurer  shall  so  indorse 
it,  and  thereafter  such  bond  shall  draw  interest 
until  paid,  at  said  rate  of  seven  per  cent,  per  an- 
num, payable  semi-annually. 

Sec.  6.  The  treasurer  of  said  county  shall  place 
the  bonds  prepared  pursuant  to  this  act  to  the 
credit  of  said  district,  and  may  at  any  time  sell 
any  of  said  bonds  for  the  best  price  obtainable 
therefor,  but  in  no  event  for  less  than  the  face 
value  of  said  bond,  and  the  accrued  interest 
thereon.  Any  money  derived  from  the  sale  of 
said  bonds  by  said  county  treasurer  shall  be 
placed  in  the  treasury  to  the  credit  of  said  dis- 
trict, and  a  proper  record  of  such  transaction  be 
placed  upon  the  books  of  said  treasurer. 

Sec.  7.  The  board  of  trustees  of  said  district 
may  draw  orders  upon  the  said  county  treasurer, 
payable  in  bonds  or  money  in  the  proportion  and 
to  the  amount  therein  named,  to  pay  for  labor  or 
services  performed  for,  or  materials  or  property 
furnished  to,  said  district,  for  the  purpose  of  con- 
structing the  reclamation  works  thereof,  and  the 
expenses  necessarily  incident  to  maintaining  the 
same,  and  the  contingent  expenses  of  said  dis- 
trict, which  said  orders  shall  be  approved  by  the 
board  of  supervisors  of  the  county  where  such 
district  was  formed,  and  thereafter  be  paid  by 
said  treasurer  in  the  manner  therein  provided  for, 
if  such  bonds  or  money  then  remaining  in  said 
treasury  to  the  credit  of  said  district  be  sufficient 
to  pay  the  same. 

Sec.  8.  The  principal  of  said  bonds,  and  the  in- 
terest thereon,  shall  be  paid  by  revenue  derived 
from  a  tax  levied  upon  the  assessable  real  prop- 


1028  Eeclamation  Districts. 

erty  of  the  district,  and  tlie  board  of  supervisors 
of  the  county  wherein  said  district  was  formed,  at 
the  time  of  malting  the  levy  of  taxes  for  county 
purposes,  must  levy  a  tax  for  that  year,  upon  the 
taxable  real  property  in  such  district,  suflScient 
to  pay  the  interest  which  may  become  due  upon 
said  bonds  during  such  year,  and  if  any  portion 
of  the  principal  of  said  bonds  will  become  due 
during  such  year,  then  also  in  an  amount  suflS- 
clent  to  pay  such  portion  of  said  principal.  All 
taxes  so  levied  shall  be  computed  and  entered  on 
the  assessment  roll  of  the  county  where  such  land 
may  be  situated,  by  the  county  auditor,  and  col- 
lected by  the  tax  collector,  at  the  same  time  and 
in  the  same  manner  as  state  and  county  taxes, 
and  when  collected  shall  be  paid  into  the  county 
treasury  for  the  use  of  said  district. 

Sec.  9.  When  such  district  is  situated  partly  in 
different  counties,  the  assessor  of  said  county,  or 
counties,  other  than  the  county  where  the  district 
was  formed,  and  in  which  any  portion  of  such 
district  may  be  situated,  shall,  prior  to  the  time 
when  the  board  of  supervisors  meets  to  make  the 
levy  for  county  purposes  in  each  year,  certify  to 
the  board  of  supervisors  of  the  county  where  such 
district  was  formed,  a  statement  of  the  total 
value  of  all  the  taxable  real  property  of  said  dis- 
trict, situated  in  his  county;  and  when  such  board 
of  supervisors  shall  have  determined  the  rate  of 
taxation  necessary  to  be  levied  upon  such  prop- 
erty, the  clerli  of  said  boai*d  of  supervisors  shall 
certify  the  same,  under  the  seal  of  said  board,  to 
the  auditor  of  any  county  other  than  the  county 
where  such  district  was  formed,  and  such  auditor 
shall  thereupon  compute  the  tax,  and  enter  the 
same  upon  the  assessment  roll  of  said  county. 
When  any  taxes  shall  have  been  collected  under 
any  of  the  i>i*ovisions  of  this  act.  and  placed  in 
the  treasury  of  any  county  other  than  the  one  in 
which  said  district  was  formed,  the  treasurer  of 
such  county  must,  M'hen  requested  so  to  do  by  the 
board  of  trustees  of  said  district,  forward  all 
money  in  such  treasury  to  the  county  treasurer 
of  the  county  in  which  such  district  was  formed, 
who  shall  receive  and  receipt  for  the  same,  and 
place  such  money  in  the  treasury  of  such  county 
to  the  credit  of  said  district. 

Sec.  10.    No  assessor,  tax  collector,  treasurer,  or 


Keclamation  Districts.  1029 

clerk  shall  receive  any  fee  for  any  service  re- 
•quired  to  bo  performed  by  them  under  the  provis- 
ions of  this  act.  All  expenses  necessarily  incur- 
red in  carrying  out  the  provisions  of  this  act  shall 
be  paid  out  of  any  money  to  the  credit  of  the  dis- 
trict for  which  the  services  are  performed  in  the 
treasury  of  the  county  where  the  district  was 
formed,  upon  the  order  of  the  board  of  trustees 
of  said  district,  approved  by  the  board  of  super- 
visors of  said  county. 

Sec.  11.    This  act   shall  take   effect  and  be   in 
force  from  and  after  its  passage. 

In  addition,  the  following  acts  may  be  referred 
to: 


An  act  to  provide  for  the  proper  distribution,  in 
the  several  county  treasuries,  of  funds  arising 
from  the  sale  of  swamp  lands. 
[Approved  March  28.  1874;  1873-4,  770.] 


An  act  to  subject  certain  reclamation  districts  in 
the  state  to  the  provisions  of  the  Political 
Code. 

[Approved  March  10,  1885;  1885,  77.] 


An  act  relative  to  the  powers  of  the  boards  of 
supervisors  of  the  counties  of  Yolo  and  So- 
lano. 

[Approved   March   25,   1874;    1873-4,   602.] 


An  act  to  facilitate    the    equalization    of    assess- 
^  ments  in  reclamation  districts. 

[Approved  March  7,  1881;  Stats.  1881,  69.] 


An  act  providing  for  appeals  from  orders  forming 
reclamation    or   swamp-land   districts,    setting 
off  lands  from  such  districts,  or  consolidating 
districts. 
[Approved  April  16,  1880,  119  (Ban.  ed.  385).] 


1030         Records— Roads  and  Highways. 

TITLE  228. 

RECORDS. 

Acts  rolating  to,  see  Code  of  Civil  Procedure, 
Appendix,  title.  Records,  p.  865. 


TITLE  229. 
RIVERSIDE  COUNTY. 

An  act  to  create  the  county  of  Riverside  classify 
it,  define  its  boundaries,  provide  for  its  organi- 
zation, and  the  appointment,  election  of  oflS- 
cers,  the  location  of  county  seat  by  election, 
and  the  adjustment  and  fulfillment  of  certain 
rights  and  obligations  arising  between  such 
county  and  certain  other  counties. 
[Approved  March  11,  1893;  Stats.  1893,  p.  158.] 


TITLE  230. 
ROADS     AND     HIGHWAYS. 

See  Highways;  Pariis. 

The  Political  Code,  sees.  2618  et  seq.,  contains 
the  general  road  law  of  the  state.  And  section 
2  of  the  Jiighway  act  of  1883  and  all  laws  in  con- 
flict with  that  act,  were  repealed.  But  by  section 
2757  of  that  code,  as  originally  adopted,  the  pro- 
visions of  any  statute  then  in  force  in  any  of  the 
counties,  in  relation  to  roads  and  highways,  were 
not  to  be  affected  by  the  code  except  when  such 
special  laws  should  be  repealed,  in  which  case  the 
provisions  of  the  code  were  to  apply. 

A  reference  to  special  laws  relating  to  this  sub- 
ject is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  653-656. 


Rodeos— San  Benito  County.  1031 


TITLE  231. 
RODEOS. 

The  Politir-al  Code,  sec,  19,  and  the  Penal  Code, 
sec.  23,  continued  in  force  all  acts  regulating  and 
in  relation  to  rodeos. 

These  acts  are  contained  in  Deering's  Annotated 
Penal  Code,  pp.  656-659. 


TITLE  232. 
SACRAMENTO     COUNTY     AND     CITY. 

A  reference  to  special  laws  relating  to  Sacra- 
mento city  and  county  is  contained  in  Deering's 
Annotated  Penal  Code,  pp.  659-664. 

An  act  to  amend  sees.  1,  5,  7,  8,  10  and  11  of  an 
act  to  redeem  the  funded  indebtedness  of  Sacramen- 
to approved  March  19, 1889,  Stats.  1889,  p.  325,  and 
act  of  March  9,  1899,  Stats.  1899,  ch.  LXIX,  repeal- 
ing tte  same. 

An  act  entitled  An  act  amendatory  of  and  sup- 
plementary to  an  act  approved  April  25,  1863,  en- 
titled an  act  to  incorporate  the  city  of  Sacra- 
mento, approved  March  6,  1872,  contained  in  the 
statutes  of  1889,  p.  148. 


TITLE  233. 

SAN    BENITO    COUNTY. 

A  reference  to  the  local  acts  relating  to  San  Be- 
nito county  is  contained  in  Deering's  Annotated 
Penal  Code,  p.  664. 


1032  San  Benito  County. 

An  act  to  create  the  county  of  San  Benito,  to  es- 
tablisli  tlie  boundaries  tliereof,  and  to  provide 
for  its  org^anization. 

[Approved  February  12,  1874;  1873-4,  95.] 
This  act  was  amended  March  11,   1887;   Stats. 

1887,  p.  103. 

An  act  supplementary  to  the  foregoing  act  of 
February  twelfth,  eighteen  hundred  and 
seventy-four. 

[Approved  March  18,  1874;  1873-4,  428.] 

This  act  provided  for  a  board  of  commissioners 
to  determine  the  amount  of  indebtedness  as  be- 
tween San  Benito  and  Monterey  counties,  and  for 
ways  and  means  to  pay  the  same  by  the  issue  of 
bonds  by  the  county  found  to  be  indebted.  It 
also  provided  for  the  terms  of  the  district,  county, 
and  probate  courts  in  San  Benito  county. 

It  was  amended  by  act  of  March  10,  1876; 
1875-6,  177,  in  so  far  as  related  to  the  commission- 
ers, issue  of  bonds,  and  compensation  of  commis- 
sioners. 


An  act  directing  the  transcription  of  all  matters 
of  record  in  the  offices  of  the  county  clerks 
and  county  recorders  of  the  counties  of 
Fresno  and  Merced,  concerning  real  estate  in 
the  territory  taken  from  those  counties  and 
added  to  that  of  the  county  of  San  Benito  by 
act  of  the  legislature  entitled  "An  act  to 
amend  an  act  to  create  the  county  of  San  Be- 
nito, to  establish  the  boundaries  thereof,  and 
to  provide  for  its  organization,"  approved  Feb- 
ruary 12,  1874,  providing  for  a  change  and  the 
establishment  of  the  boundaries  thereof,  the 
same  to  include  therein  portions  of  the 
counties  of  Fresno  and  Merced,  and  to  provide 
for  the  payment  of  the  portions  of  the  indebt- 
edness of  said  counties  equitably  chargeable 
to  San  Benito  county,  approved  March  11, 
1887. 

[Approved  March  11,  1889;  1889,  107.] 


San  Bernardino— San  Francisco  1033 

TITLE  234. 

SAN    BEENARDINO    COUNTY. 

A  reference  to  local  acts  relating  to  San  Ber- 
nardino county  is  contained  in  Deering's  Anno- 
tated Penal  Code,  pp.  665-667. 


TITLE  235. 
SAN    DIEGO    COUNTY. 

A  reference  to  special  laws  relating  to  San 
Diego  county  is  contained  in  Deering's  Anno- 
Penal  Cods,  pp.  665-667. 

See  in  addition  to  the  acts  there  referred  to, 
an  act  to  amend  the  act  to  reincorporate  the  city, 
approved  March  16,  1889:  Stats.  1889,  p.  302. 


TITLE  236. 

SAN   FRANCISCO   CITY  AND   COUNTY. 

A  reference  to  the  special  acts  relating  to  San 
Francisco  is  contained  in  Deering's  Annotated 
Penal  Code,  p.  665  et  seq. 

See  also  an  act  relating  to  interpreters  in  the 
Code  of  Civil  Procedure,  Appendix,  title,  Inter- 
preters. 

In  addition  see  the  following:  Amendments  to 
the  water-front  act,  approved  March  19,  188^: 
Stats.  1889.  p.  379.  approved  March  31,  1891; 
Stats.  1891,  p.  233.  and  approved  March  26,  1895, 
Statutes  1895,  p.  194. 

An  Act  to  establish  a  state  normal  school  in  San 
Francisco. 

[Stats.  1899.  ch.  exli.] 

There  are  also  a  number  of  acts  relating  to 
cities  and  counties  of  the  first  class  as  follows: 

Act   prescribing  judgments   against   cities   over 
100,000,  see  ante,  title  Judgments;  act  conferring 
Gen.  Laws— 87. 


1034        San  Francisco— City  and  County. 

powers  upon  cities  over  100,000  to  condemn  land 
to  erect  building  for  municipal  purposes,  app. 
March  27,  1895,  Stats.  1895,  p.  242;  see  ante  Pub- 
lic Works;  act  relating  to  assistants  to  treasurers 
in  cities  over  200,000,  see  Appendix  to  Pol.  Code, 
tit,  Treasurers;  acts  relating  to  deputy  county 
clerks  in  cities  and  counties  over  120,000,  see  Po- 
litical Code,  Appendix,  title  County  Clerks;  assist- 
ants to  city  and  county  attorneys,  see  Political 
Code,  p.  958;  act  authorizing  public  market,  see 
ante,  title  Public  Market;  assistants  to  district  at- 
torney, see  Political  Code,  p.  960;  payment  of 
fees  in,  see  ante,  title  Fees;  secretary  for  supe- 
rior judges,  act  providing  for,  see  Code  of  Civil 
Procedure,  p.  800;  levy  and  collection  of  school 
taxes  in  cities  of  first  class,  March  14,  1891,  see 
post,  title  Schools. 

Act  of  March  4,  1897.  increasing  the  efficiency 
of  the  fire  department  in  cities  of  the  first  class: 
See  Political  Code,  Appendix,  title.  Fire  Depart- 
ment. 

Act  fixing  salaries  of  officers  of  fire  department 
in  cities  of  first  class:  See  Political  Code,  Appen- 
dix, title,  Fire  Department. 

Act  to  allow  cities  of  first  class  to  build  muni- 
cipal hospitals,  app.  Feb.  16,  1897,  Stats.  1897, 
ch.  xiii. 

Act  to  repeal  the  act  in  relation  to  the  collec- 
tion of  taxes,  app.  March  28,  1895,  Stats.  1895,  ch. 
217:  See  post,  title,  Taxation. 


An  act  to  amend  an  act  entitled  "An  act  to  pro- 
vide for  increasing  the  law  library  of  the  cor- 
poration known  as  the  San  Francisco  Law 
Library,  and  to  secure  the  use  of  the  same  to 
the  courts  held  at  San  Francisco,  the  bar,  the 
city  and  county  government,  and  the  people  of 
the  city  and  county  of  San  Francisco,"  ap- 
proved March  9,  1870. 

[Approved  April  12,  1880;  1880,  40  (Ban.  ed.  194).] 
The  original  act  of  March  9,  1870,  will  be  found 

in  Stats.  1869-70,  325. 


Sanitary  Districts.  1035 

TITLE  237. 
SANITARY    DISTRICTS. 

"An  act  to  provide  for  the  formation,  g-overn- 
ment,  operation,  and  dissolution  of  sanitary  dis- 
tricts in  any  part  of  tlie  state,  for  the  construc- 
tion of  sewers,  and  other  sanitary  purposes;  the 
acquisition  of  property  thereby;  the  calling  and 
conducting  of  elections  in  such  districts;  the  as- 
sessment, levy,  collection,  custody,  and  disburse- 
ment of  taxes  therein;  the  issuance  and  disposal  of 
the  bonds  thereof,  and  the  determination  of  their 
validity  and  making  provision  for  the  payment  of 
such  bonds,  and  the  disposal  of  their  proceeds, 
and  for  empowering  sanitary  boards  to  provide  in 
other  respects  for  the  good  order  and  welfare  of 
sanitary  districts."  This  title  was  amended  in 
1895,  Stats.  1895,  ch.  95. 

[Approved  March  31,  1891;  Stats. '1891,  p.  223.] 

Section  1.  Whenever  twenty-five  persons  in 
any  county  of  the  state  shall  desire  the  formation 
of  a  sanitary  district  within  the  county,  they  may 
present  to  the  board  of  supervisors  of  such  county 
a  petition,  in  writing,  signed  by  them,  stating  the 
name  of  the  proposed  district,  and  setting  tovth 
the  boundaries  thereof,  and  praying  that  an  elec- 
tion be  held  as  provided  by  this  act.  Each  of  the 
petitioners  must  be  a  resident  and  freeholder 
within  the  proposed  district. 

Sec.  2.  When  such  petition  is  presented  as 
above  provided,  the  board  of  supervisors  must, 
within  thirty  days  thereafter,  order  that  an  elec- 
tion be  held  as  provided  by  this  act.  The  order 
must  fix  the  day  of  such  election,  which  must  be 
within  sixty  days  from  the  date  of  the  order,  and 
must  show  the  boundaries  of  the  proposed  dis- 
trict, and  must  state  that  at  such  election  persons 
to  fill  the  offices  provided  by  this  act,  viz.,  a  sani- 
tary assessor,  and  five  members  of  the  sanitary 
board,  will  be  voted  for.  This  order  shall  be  en- 
tered in  the  minutes  of  the  board,  and  shall  be 
conclusive  evidence  of  the  due  presentation  of  a 
proper  petition,  and  of  the  fact  that  each  of  the 
petitioners  was,  at  the  time  of  the  signature  and 
presentation  of  such  petition,  a  resident  and  free- 
holder within  the  limits  of  the  proposed  district. 


1036  Sanitary  Districts. 

Sec.  3.  A  copy  of  sucli  order  shall  be  posted  for 
four  successive  weeks  prior  to  the  election,  in 
three  public  places  within  the  proposed  district, 
and  shall  be  published  for  four  successive  weelis 
prior  to  the  election  in  some  newspaper  published 
in  the  proposed  district,  if  there  be  one,  and  if 
not,  in  some  newspaper  published  in  the  county. 
It  shall  be  sufficient  if  the  order  be  published  once 
a  weeli. 

Sec.  4.  The  board  of  supervisors,  at  any  time 
prior  to  the  election,  shall  select  one  polling  place 
within  the  proposed  district,  and  malie  all  suitable 
arrangements  for  the  holding  of  such  election. 
The  ticliet  shall  contain  the  words  "For  a  sani- 
tary district,"  or  "Against  a  sanitary  district,"  as 
the  case  may  be,  and  the  name  of  a  person  for 
sanitary  assessor,  and  the  names  of  five  persons 
for  members  of  the  sanitary  board.  Such  election 
shall  be  conducted  in  accordance  with  the  general 
election  laws  of  the  state,  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided. 
Every  qualified  elector,  resident  within  the  pro- 
posed district  for  the  period  requisite  to  enable 
him  to  vote  at  a  general  election,  shall  be  entitled 
to  vote  at  the  election  above  provided  for.  If  a 
majority  of  the  votes  cast  at  such  election  shall 
be  in  favor  of  a  sanitary  district,  the  board  of  su- 
pervisors shall  make  and  cause  to  be  entered  in 
the  minutes  an  order  that  a  sanitary  district  of 
the  name  and  with  the  boundaries  stated  in  the 
petition  (setting  forth  such  boundaries)  has  been 
duly  established,  and  said  order  shall  be  conclu- 
sive evidence  of  the  fact  and  regularity  of  all 
prior  proceedings  of  every  kind  and  nature  pro- 
vided for  bv  this  act  or  by  law,  and  of  the  exist- 
ence and  validity  of  the  district.  If  a  majority  of 
the  votes  cast  shall  be  against  a  sanitary  district, 
the  board  shall,  by  order,  so  declare;  no  other  pro- 
ceedings shall  be  taken  in  relation  thereto  until 
the  expiration  of  one  year  from  the  presentation 
of  the  petition. 

Sec.  5.  Every  sanitary  district  formed  under 
the  provisions  of  this  act  shall  have  power  to 
have  and  use  a  common  seal,  alterable  at  the 
pleasure  of  the  sanitary  board;  to  sue  and  be  suec^ 
by  its  name;  to  construct  and  maintain,  and  keep 
clean  such  sewers  and  drains  as  in  the  judgment 
of  the  sanitary  board  shall  be  necessary  or  proper, 
and  for  this  purpose  to  acquire  by  purchase,  gift. 


Sanitary  Districts.  1037 

devise,  condemuation  proceedings,  or  ottierwise, 
sucli  real  and  personal  property  and  rights  of 
way,  either  within  or  without  the  limits  of  the 
district,  as  in  the  judgment  of  the  sanitary  board 
shall  be  necessary  or  proper,  and  to  pay  for  and 
hold  the  same:  to  make  and  accept  any  and  all 
contracts,  deeds,  releases,  and  documents  of  any 
kind  which,  in  the  judgment  of  the  sanitary 
board,  shall  be  necessary  or  proper  to  the  exercise 
of  any  of  the  powers  of  the  district,  and  to  direct 
the  payment  of  all  lawful  claims  and  demands 
against  it;  to  issue  bonds  as  hereinafter  provided, 
and  to  assess,  levy,  and  collect  taxes  to  pay  the 
principal  and  interest  of  the  same,  and  the  cost 
of  laying  and  the  expense  of  maintaining  any 
sewer  or  sewers  that  may  be  constructed  subse- 
quent to  the  issuance  of  said  bonds,  or  any  law- 
ful claims  against  said  district,  and  the  running 
expenses  of  the  district;  to  employ  all  necessary 
agents  and  assistants,  and  pay  the  same;  to  lay 
its  sewers  and  drains  in  any  public  street  or  road 
of  the  county,  and  for  this  purpose  enter  upon  the 
same  and  make  all  necessary  and  proper  excava- 
tions, restoring  the  same  to  proper  condition;  but 
in  case  such  street  or  road  shall  be  in  an  incorpor- 
ated city  or  town,  the  consent  of  the  lawful  au- 
thorities thereof  shall  first  be  obtained;  to  make 
and  enforce  all  necessary  and  proper  regulations 
for  the  removal  of  garbage,  and  the  cleanliness  of 
the  roads  and  streets  of  the  district,  and  for  the 
purpose  of  guarding  against  the  spread  of  conta- 
gious and  infectious  diseases,  and  for  the  isolation 
of  persons  and  houses  affected  with  such  diseases, 
and  for  the  notification  of  the  other  inhabitants 
of  the  existence  thereof,  and  all  other  sanitary 
regulations  not  in  conflict  with  the  constitution 
and  laws  of  the  state:  to  make  and  enforce  all 
necessary  and  proper  regulations  for  suppressing 
disorderly  and  disreputable  resorts,  and  houses  of 
ill-fame  within  the  district,  and  to  determine  the 
qualification  of  persons  authorized  to  sell  liquors 
at  retail,  and  from  and  after  the  passage  of  this 
act  no  license  to  keep  a  saloon,  or  sell  liquors  ai 
retail,  shall  take  effect  or  be  operative  within  any 
sanitary  district  unless  the  same  be  approved  by 
the  sanitary  board  of  the  district;  to  impose  fines, 
penalties,  and  forfeitures  for  any  and  all  viola- 
tions of  its  regulations  or  orders,  and  to  fix  the 
penalty  thereof  by  fine  or  imprisonment,  or  both: 


lOaS  Sanitary  Districts. 

but  no  such  fine  shall  exceed  the  sum  of  one  hun- 
dred dollars,  and  no  such  imprisonment  shall  ex- 
ceed one  month;  to  call,  hold,  and  conduct  all 
elections  necessary  or  proper  after  the  formation 
of  the  district;  to  prescribe,  by  order,  the  time, 
mode,  and  manner  of  assessing,  levying,  and  col- 
lecting taxes  for  sanitary  purposes,  except  as 
otherwise  provided  herein;  to  compel  all  residents 
and  property  owners  within  the  district  to  con- 
nect their  houses  and  habitations  with  the  street 
sewers  and  drains;  and  generally  to  do  and  per- 
form any  and  all  acts  necessai-y  or  proper  to  the 
complete  exercise  and  effect  of  any  of  its  powers, 
or  the  purpose  for  which  it  was  formed.  [Amend- 
ment approved  March  26.  1895;  Stats.  1895,  chap, 
xcv.     In  effect  immediately.] 

Sec.  6.  The  officers  of  the  district  shall  be  a 
sanitary  assessor  and  five  members  of  the  san- 
itary board. 

Sec.  7.  There  shall  be  an  election  for  sanitary 
assessor  on  every  even-numbered  year  in  which 
members  of  the  sanitary  board  are  elected,  and  at 
the  same  time,  place,  and  manner;  and  the  person 
then  elected  shall  hold  office  for  two  years  next 
thereafter,  and  until  the  election  and  qualifica- 
tion of  his  successor.  The  person  elected  assessor 
at  the  election  at  which  the  district  was  formed 
shall  hold  office  until  the  election  and  qualifica- 
tion of  his  successor;  provided,  that  if  at  any 
time  a  vacancy  occur  in  the  office  of  assessor,  the 
sanitary  board  shall  appoint  a  suitable  person  to 
fill  such  vacancy  until  the  next  election  at  which 
an  assessor  may  be  elected  under  the  provisions 
of  this  act. 

Sec.  8.  It  shall  be  the  duty  of  the  sanitary  as- 
sessor to  make  out,  before  the  first  Monday  in 
July  of  each  year,  a  list  of  all  the  tangible  real 
and  personal  property  within  the  district.  Such 
list  shall  contain  a  brief  and  general  description 
of  the  property,  an  assessment  of  the  value  there- 
of, the  name  or  names  of  the  owner  or  owners, 
and  such  other  matters  as  may  be  ordered  by  the 
sanitary  board  and  such  matters  as  shall  be  nec- 
essai*y  to  make  such  list  conform  to  the  provisions 
of  the  general  laws  of  the  state  of  California.  The 
land  shall  be  assessed  separately  from  the  im- 
provements thereon.  No  mistake  in  the  name  of 
the  owner  of  any  of  the  real  or  personal  property 


Sanitary  Districts.  1039 

assessed,  or  any  informality  in  the  description,  or 
in  other  parts  of  the  assessment,  shall  invalidate 
the  same.  The  sanitary  assessor  shall  verify  said 
list  by  his  oath  before  some  officer  authorized  to 
administer  oaths,  and  shall  deposit  the  same 
with  the  sanitary  board  on  the  first  Monday  of 
July  of  each  year,  or  as  soon  thereafter  as  is  prac- 
ticable. He  shall  have  power  to  administer  all 
oaths  and  affirmations  necessary  or  proper  in  the 
performance  of  his  duty  as  assessor,  and  shall  re- 
ceive such  compensation  as  shall  be  fixed  by  the 
order  of  the  board.  He  shall  also  perform  such 
further  duties  and  do  such  further  acts  as  may  be 
ordered  or  required  by  the  sanitary  board.    . 

Sec.  9.  There  shall  be  an  election  for  two  mem- 
bers of  the  sanitary  board  in  every  even-num- 
bered year,  beginninj?  with  the  second  even-num- 
bered year  after  the  election  at  which  the  district 
was  organized,  and  the  two  members  then  to  be 
elected  shall  hold  office  until  the  election  and 
qualification  of  their  successors  in  the  next  even- 
numbered  year;  and  there  shall  be  an  election  for 
three  members  of  the  sanitary  board  in  every 
odd-numbered  year,  beginning  with  the  second 
odd-numbered  year  after  the  election  at  which  the 
district  was  organized,  and  the  three  members 
then  to  be  elected  shall  hold  office  until  the  elec- 
tion and  qualification  of  their  successors  in  the 
next  odd-numbered  year.  The  five  members 
elected  at  the  election  at  which  the  district  was 
organized  shall,  at  their  first  meeting,  or  as  soon 
thereafter  as  may  be  practicable,  so  classify 
themselves,  by  lot,  that  two  of  them  shall  go  out 
of  office  in  the  second  even-numbered  year  after 
the  election  at  which  the  district  was  organized, 
and  upon  the  election  and  qualification  of  their 
successors,  as  provided  by  this  act,  and  three  of 
them  in  the  second  odd-numbered  year  after  the 
election  at  which  the  district  was  organized,  and 
upon  the  election  and  qualification  of  their  suc- 
cessors, as  provided  by  this  act.  All  elections 
for  officers  after  the  formation  of  the  district 
shall  be  on  the  first  Monday  after  the  first  Tues- 
day in  the  month  of  March.  The  members  of  the 
sanitary  board  shall  receive  no  compensation 
whatever,  either  for  general  or  special  services. 

Sec.  10.  The  sanitary  board  shall  be  the  gov- 
erning power  of  the  district,  and  shall  exercise 
all  the  powers  thereof,  except  the  making  of  an 


1040  Sanitary  Districts. 

assessment  list  in  the  first  instance,  as  herein 
provided.  At  its  first  meeting,  or  as  soon  there- 
after as  may  be  practicable,  the  board  shall 
choose  one  of  its  members  as  president,  and  an- 
other of  its  members  as  secretary;  and  all  con- 
tracts, deeds,  warrants,  releases,  receipts,  and 
documents  of  every  kind  shall  be  signed  in  the 
name  of  the  district  by  its  president,  and  shall  be 
countersiged  by  its  secretary.  The  board  shall 
hold  such  meetings,  either  in  the  day  or  in  the 
evening,  as  may  be  convenient.  In  case  of  the 
absence  or  inability  to  act  of  the  president  or  sec- 
retary, tlie  board  shall,  by  order  entered  upon  the 
miiiutes,  choose  a  president  pro  tem.,  or  secre- 
tary pro  tem.,  or  both,  as  the  case  may  be. 

Sec.  11.  The  sanitary  board  shall  sit  as  a  board 
of  equalization  as  soon  as  it  receives  the  assess- 
ors' list,  or  as  soon  thereafter  as  practicable,  and 
shall  continue  in  session  as  such  board,  with  con- 
venient intermissions,  until  the  entire  list  furnish- 
ed by  the  assessor  shall  have  been  examined  and 
rectified,  if  rectification  be  necessary.  The  board 
shall  have  power  to  hear  complaints  as  to  the  pro- 
ceedings of  the  assessor,  and  to  adjudicate  and 
determine  the  controversy  thereon,  and  may  of  its 
own  motion  raise  an  assessment,  after  such  rea- 
soable  notice  to  the  party  whose  assessment  is  to 
be  raised,  as  may  be  ordered  bj^  the  board.  After 
the  examination  and  rectification  of  the  assessor's 
list  shall  have  been  completed,  the  board  shall,  by 
resolution,  fix  the  rate  of  taxation  for  sanitary  pur- 
poses, designating  tlie  number  of  cents  on  each 
one  hundred  dollars  to  be  levied  for  each  fund, 
and  shall  designate  the  fund  into  which  the  same 
shall  be  paid;  but  no  more  than  fifteen  cents  on 
each  one  hundred  dollars  shall  be  levied  for  all 
the  sanitary  purposes  of  any  one  year,  besides 
what  shall  be  required  for  the  payment  of  the 
principal  and  interest  of  such  year  upon  outstand- 
ing bonds.  After  the  entry  in  the  minutes  of  the 
resolution  fixing  the  rate  of  taxation,  the  sanitary 
board  shall  cause  the  assessor  to  compute  the 
amount  of  the  tax  upon  each  piece  of  real 
and  personal  property,  and  enter  the  same 
upon  the  assessment  list  in  a  suitable  place. 
The  list,  when  so  completed,  shall  be  veri- 
fied by  the  assessor  and  signed  by  the  presi- 
dent and  secretary;  and  the  amount  of  the  tax 
shall  thereupon  become  a  lien  upon  the  property 


Sanitary  Districts.  1041 

upon  which  it  is  assessed,  and  shall  have  the  effect 
€f  a  judgment  against  the  person  of  the  owner 
thereof,  and  every  such  lien  shall  have  the  force 
and  effect  of  an  execution  duly  levied  against  all 
the  property  of  the  delinquent;  and  the  judgment 
shall  not  be  deemed  satisfied  or  the  lien  extin- 
guished until  the  taxes  are  paid  or  the  property 
sold  to  satisfy  the  same,  and  no  statute  of  limita- 
tions shall  apply:  but  no  more  than  seventy-five 
thousand  dollars  of  bonds  shall  be  voted  for  or  is- 
sued at  any  one  time,  nor  shall  the  bonded  in- 
debtedness of  the  district  ever  exceed  the  sum  of 
seventy-five  thousand  dollars  at  any  one  period, 
whether  it  be  made  up  of  one  issue  of  bonds  or  of 
several  issues. 

Sec.  12.  On  or  before  the  first  Monday  in  July  of 
each  year,  the  board  shall  transmit,  or  cause  the 
assessor  to  transmit,  a  duplicate  of  the  list  so 
made  to  the  tax  collector  of  the  county,  who  shall 
collect  the  taxes  shown  by  said  list  to  be  due,  in 
the  same  manner  as  he  collects  the  county  taxes, 
and  all  the  provisions  of  the  laws  of  the  state  as 
to  the  collection  of  taxes  and  delinquent  taxes, 
and  the  enforcement  of  the  payment  thereof,  so  far 
as  applicable,  shall  apply  to  the  collection  of  taxes 
for  sanitary  purposes;  and  said  tax  collector  and 
the  sureties  on  his  official  bond  shall  be  responsi- 
ble for  the  due  performance  of  the  duties  imposed 
on  him  by  this  act;  provided,  that  the  sanitary 
board  may,  in  its  discretion,  direct  the  district  at- 
torney of  the  county  to  commence  and  prosecute 
suits  for  the  collection  of  the  whole  or  any  por- 
tion of  the  delinquent  taxes;  and  it  shall  be 
the  duty  of  the  district  attorney  to  carry  out  such 
directions  of  th<j  sanitary  board,  and  he,  and  the 
sureties  upon  his  official  bond  shall  be  responsible 
for  the  due  performance  of  the  duty  imposed  upon 
him  by  this  act;  and  provided  further,  that  the 
sanitary  board  may,  at  any  time,  by  order  en- 
tered in  its  minutes,  provide  a  system  for  the 
collection  of  delinquent  taxes,  or  malce  any  change 
in  the  manner  of  their  collection,  which  as  to  such 
taxes  shall  have  the  force  of  law.  All  money  col- 
lected for  sanitary  purposes  by  the  district  attor- 
ney under  this  act  shall  be  at  once  paid  to  the 
-county  treasurer. 

Sec.  13.  The  tax  collector  shall  pay  over  to  the 
county  treasurer  all  moneys  collected  by  him  for 


1042  Sanitary  Districts. 

sanitary  purposes,  as  fast  as  the  same  shall  be 
collected,  and  the  said  treasurer  shall  keep  the 
same  in  the  county  treasury,  as  follows:  In  a 
fund  called  the  bond  fund  for  sanitary  district 
(naming  it)  he  shall  place  and  keep  the  moneys 
levied  by  the  sanitary  board  for  such  fund;  and 
no  part  of  the  money  in  this  fund  shall  be  trans- 
ferred to  any  other  fund,  or  be  used  for  any  other 
purpose  than  the  payment  of  the  principal  and 
interest  of  the  bonds  of  the  sanitary  district,  so 
long  as  any  such  bonds  shall  be  unpaid;  in  a  fund 
called  the  running  expense  of  sanitary  district 
(naming  it)  he  shall  place  and  keep  the  moneys 
levied  by  the  sanitary  board  for  such  fund.  The 
whole  or  any  part  of  the  money  in  the  running 
expense  fund  may  be  transfeiTed  to  the  bond 
fund,  or  to  the  other  fund  hereinafter  provided 
for.  upon  the  order  of  the  sanitary  board,  and  it 
shall  be  the  duty  of  the  treasurer  to  comply  with 
such  order.  The  treasurer  shall  pay  out  moneys 
from  either  of  said  funds,  or  from  the  fund  here- 
inafter mentioned,  only  upon  the  written  order 
of  the  sanitary  board,  signed  by  the  president  and 
countersigned  by  the  secretary,  which  order  shall 
specify  the  name  of  the  person  to  whom  the 
money  is  to  be  paid  and  the  fund  from  which  it 
is  to  be  paid,  and  shall  state  generally  the  pur- 
pose for  which  the  payment  is  made,  and  such  or- 
der shall  be  entered  in  the  minutes  of  the  sanitary 
board.  The  treasurer  shall  keep  the  order  as  his 
voucher,  and  shall  keep  a  specific  account  of  his 
receipts  and  disbursements  of  money  for  sanitary 
purposes.  The  treasurer  and  sureties  upon  his 
ofilcial  bond  shall  be  liable  for  the  due  perform- 
ance of  the  duties  imposed  upon  him  by  this  act. 
The  treasurer  shall  keep  the  money  arising  from 
the  sale  of  bonds  in  the  fund  hereinafter  men- 
tioned. 

Sec.  14.  At  any  time  after  the  district  is  organiz- 
ed, the  sanitary  board  may,  by  order  entered  in 
the  minutes,  call  an  election  for  the  purpose  of 
determining  whether  bonds  shall  be  issued  for 
the  construction  of  sewers.  Such  order  shall  fix 
the  day  of  the  election  and  shall  specify  the 
amount  of  money  to  be  raised,  and  shall  state  in 
general  terms  the  purpose  for  which  it  is  to  be 
raised.  A  copy  of  sucli  order  shall  be  posted  for 
four  successive  weeks  prior  to  the  election  in  at 
least  three  public  places  within  the  district,  and 


Sanitary  Districts.  1043 

shall  be  published  for  four  successive  weelvs  prior 
to  the  election  in  some  newspaper  published  with 
in  the  district,  if  there  be  one,  and  if  not,  in  some 
newspaper  published  in  the  county.  It  shall  be 
sufficient  if  the  order  be  published  once  a  week. 

Sec.  15.  At  any  time  prior  to  the  day  fixed  for 
the  election,  the  board  shall  select  one,  and  may 
select  two,  polling  places  within  the  district,  ap- 
point officers  of  election,  and  malie  all  necessary 
and  proper  arrangements  for  holding  the  election. 
The  tickets  shall  contain  the  words  "For  the  issu- 
ance  of  bonds  as  proposed  by  the  sanitary  board, 
or  "Against  the  issuance  of  bonds  as  proposed 
by  the  sanitary  board."  The  election  shall  be 
conducted  in  accordance  with  the  general  election 
laws  of  the  state,  so  far  as  the  same  shall  be  ap- 
plicable, except  as  herein  otherwise  provided. 
Every  qualified  elector  resident  within  the  dis- 
trict for  the  length  of  time  necessaiT  to  enable 
him  to  vote  at  a  general  election  shall  be  entitled 
to  vote  at  the  election  above  provided  for.  After 
the  votes  shall  have  been  announced,  the  ballots 
shall  be  sealed  up  and  delivered  to  the  secretary 
or  president  of  the  sanitary  board,  which  shall, 
as  soon  as  practicable,  proceed  to  canvass  the 
same,  and  shall  enter  the  result  upon  its  minutes. 
Such  entry  shall  be  conclusive  evidence  of  the 
fact  and  regularity  of  all  prior  proceedings  of 
every  kind  and  nature  provided  by  this  act  or 
by  law,  and  of  the  facts  stated  in  such  entry.  If, 
at  such  election,  two  thirds  of  the  votes  cast  be  in 
favor  of  the  issuance  of  bonds,  as  proposed  by 
the  sanitary  board,  the  said  board  shall  thence- 
forth have  full  power  and  authority  to  issue  and 
dispose  of  bonds  as  proposed  in  the  order  calling 
the  election.  [Amendment  approved  March  9, 
1893;  Stats.  1893,  p.  88.    In  effect  immediately.] 

Sec.  16.  Such  bonds  shall  be  in  sums  of  one 
thousand  dollars  each,  payable  in  gold  coin  of  the 
United  States,  and  shall  bear  interest  at  the  rate 
of  five  per  cent  per  annum,  payable  semi-annually, 
at  dates  to  be  fixed  by  the  board,  and  specified, 
respectively,  in  the  bonds  and  coupons,  payable  in 
like  gold  coin.  The  principal  of  each  bond  shall 
be  payable  in  installments  of  one-twentieth  of 'the 
face  of  the  bond,  and  one  of  such  installments 
shall  fall  due  at  the  end  of  each  year,  so  that  the 
whole  principal  shall  be  paid  in  twenty  years 
from  the  issuance  of  the  bond.    Each  bond  shall 


1044  Sauitary  Districts. 

refer  to  this  act  by  its  title  and  tlie  date  of  its 
approval  by  the  governor,  and  shall  be  payable  to 
bearer;  but  every  person  into  whose  hands  any 
bond  or  coupon  shall  come  shall  be  deemed  to  have 
notice  of  any  and  all  payments  that  have  actually 
been  made  thereon.  Each  bond  shall  be  signed  by 
the  president  and  countersigned  by  the  secretary 
of  the  sanitary  board.  The  bonds  shall  be  num- 
bered consecutively,  beginning  vrith  the  number 
one.  Each  coupon  shall  refer  to  its  bond  by  num- 
ber, and  sliall  be  signed  by  the  president  and 
countersigned  by  the  secretary.  No  bond  shall 
be  redeemed  before  it  is  due  without  the  consent 
of  the  holder  thereof,  nor  shall  the  rate  of  inter- 
est on  any  bond  be  reduced  or  the  bonds  be  re- 
funded without  the  consent  of  the  holder  there- 
of. When  any  payment  of  any  installment  of 
interest  is  made,  the  coupon  therefor  is  directed 
to  be  surrendered  to  the  county  treasurer,  and  to 
be  canceled  by  him;  and  when  any  installment 
of  principal  is  paid,  such  payment  is  directed  to 
be  indorsed  upon  the  bond  by  such  treasurer;  and 
when  the  whole  principal  of  any  bond  is  paid, 
the  bond  is  directed  to  be  surrendered  to  the 
treasurer  and  to  be  by  him  canceled.  The  bonds 
must  be  disposed  of  by  the  sanitary  board  in  such 
manner  and  in  such  quatities  as  may  be  deter- 
mined by  said  board,  in  its  discretion,  but  no 
bond  must  be  disposed  of  for  less  than  its  face 
value.  The  proceeds  of  such  sales  shall  be  de- 
posited with  the  county  treasurer,  and  shall  be  by 
him  placed  in  a  fund  to  be  called  the  sewer  con- 
struction fund  of sanitary  district  (naming  it). 

The  money  in  such  fund  shall  be  used  for  the  pur- 
pose indicated  in  the  order  calling  the  election  up- 
on the  question  of  the  issuance  of  the  bonds,  and 
for  no  other  purpose;  provided,  that  if  after  such 
purposes  are  entirely  fulfilled  any  balance  remain 
in  such  fund,  sach  balance  may,  upon  the  order 
of  the  sanitary  board,  be  transfeiTed  to  either  of 
the  other  funds  provided  by  this  act.  If  the  re- 
sult of  the  election  be  against  the  issuance  of 
bonds,  no  other  election  upon  the  question  shall  be 
called  or  held  for  the  period  of  one  year. 

Sec.  17.  It  is  hereby  made  the  duty  of  the  sani- 
tary board  to  levy,  each  year,  upon  the  property 
within  the  district,  a  sufficient  tax  to  pay  off  the 
interest  accruing  upon  said  bonds  for  the  respec- 
tive year,  as  it  falls  due.  and  also  to     pay  one- 


Sanitary  Districts.  1045 

twentieth  of  tlie  principal  of  sai.d  bonds,  so  tliat 
the  entire  amount  of  principal  and  interest  of  said 
bonds  shall  be  paid  within  twenty  years  from  the 
date  of  the  issuance  of  said  bonds;  and  it  is  here- 
by made  the  duty  of  the  tax  collector,  or  such 
other  person  as  may  be  charged  with  the  duty  of 
collecting  the  sanitary  taxes,  to  collect  the  said 
taxes  so  to  be  levied,  and  the  duty  of  the  sanitary 
board  to  order  the  same  to  be  paid,  in  manner 
and  form  as  provided  by  this  act,  and  the  duty  of 
the  county  treasurer  to  pay  the  same.  If,  for  any 
reason,  any  portion  of  the  tax  for  any  year  re- 
mains unpaid,  and  in  consequence  thereof  any 
portion  of  the  interest  or  principal  due  for  any 
year  remains  unpaid,  the  same  shall  be  added  to 
the  levy  for  the  next  year,  and  be  collected  and 
paid  accordingly.  The  payment  of  the  whole 
amount  of  the  principal  and  interest  of  all  of  said 
bonds,  within  twenty  years  from  their  issuance, 
is  hereby  made  the  imperative  duty  of  the  dis- 
trict; and,  if  necessary  for  that  purpose,  a  special 
tax  shall  be  levied;  and  it  is  hereby  made  the  duty 
of  every  officer  and  board  to  do  his  respective 
part  towards  the  levy,  collection,  and  payment  of 
such  tax;  and  mandamus  shall  issue  from  the  su- 
perior eourt  of  the  county  in  which  the  district  is 
situated,  or  from  any  other  competent  court,  up- 
on application  of  any  party  interested,  for  the 
purpose  of  compelling  the  performance  of  the 
duty  imposed  by  this  act  upon  any  and  all  offi- 
cers or  boards. 

Sec.  18.  If  the  result  of  any  election  upon  the 
question  of  the  issuance  of  bonds  be  in  favor  of 
such  issuance,  the  sanitary  board  may,  in  their 
discretion,  before  such  issuance,  commence,  in  the 
superior  court  of  the  county,  a  special  proceeding 
to  determine  their  right  to  issue  such  bonds  and 
the  validity  thereof,  similar  to  the  proceeding  in 
relation  to  irrigation  bonds,  provided  for  by  an  act 
entitled  "An  act  supplemental  to  an  act  entitled 
'An  act  to  provide  for  the  organization  and  gov- 
ernment of  irrigation  districts,  and  to  provide  for 
the  acquisition  of  water  and  other  property,  and 
for  the  distribution  of  water  thereby  for  irriga- 
tion purposes,'  approved  March  seventh,  eighteen 
hundred  and  eighty-seven,  and  to  provide  for  the 
examination,  approval,  and  confirmation  of  pro- 
ceedings for  the  issue  and  sale  of  bonds  issued 
Gen.  Laws— 88. 


1046  Sanitary  Districts. 

under  the  provisions  of  said  act";  and  all  the  pro- 
visions of  said  act  shall  apply  to  and  govern  the 
proceedings  so  to  be  commenced  by  the  sanitary 
board,  so  far  as  the  same  ai'e  applicable;  and  said 
proceedings  shall  be  in  accordance  with  the  provi- 
sions of  said  act,  so  far  as  the  same  are  applica- 
ble, and  the  judgment  in  such  proceedings  shall 
have  the  same  effect  as  a  judgment  in  relation  to 
irrigation  bonds  under  the  provisions  of  said  act. 

Sec.  19.  Any  general  regulation  of  the  sanitary 
board  shall  be  by  order  entered  in  the  minutes, 
but  such  order  shall  be  published  once  a  weeli  for 
one  week  in  some  newspaper  published  within  the 
district,  if  there  be  one,  and  if  there  be  no  such 
newspaper  then  such  order  shall  be  posted  for  one 
week  in  three  public  places  within  the  district.  A 
subsequent  order  of  the  board  that  such  publica- 
tion or  posting  has  been  duly  made  shall  be  con- 
clusive evidence  that  such  publication  or  posting 
has  been  properly  made.  Orders  not  establishing 
a  general  regulation  need  not  be  published  or  post- 
ed (unless  otherwise  provided  by  this  act,)  but 
shall  be  entered  in  the  minutes,  and  the  entry 
shall  be  signed  by  the  secretary  of  the  board.  A 
general  regulation  shall  take  effect  immediately 
upon  the  expiration  of  the  week  of  publication  or 
posting  thereof.  An  ordinary  order  shall  take 
effect  upon  the  entry  in  the  minutes. 

Sec.  20.  The  board  may  instruct  the  district 
attorney  of  the  county  to  commence  and  prose- 
cute any  and  all  actions  and  proceedings  neces- 
sary or  proper  to  enforce  any  of  its  regulations  or 
orders,  and  may  call  upon  said  district  attorney 
for  advice  as  to  any  sanitary  subject:  and  it  shall 
be  the  duty  of  the  district  attorney  to  obey  such 
instructions  and  to  give  advice  when  called  on 
by  the  board  therefor.  The  board  may  at  any 
time  employ  special  counsel  for  any  purpose.  All 
fines  for  the  violation  of  any  regulation  or  order 
of  the  sanitary  board  shall,  after  the  expenses  of 
the  prosecution  are  paid  therefrom,  be  paid  to  the 
secretaiT  of  the  1)oard.  who  shall  forthwith  de- 
posit the  same  with  tlie  county  treasurer,  who 
shall  place  the  same  in  the  running  expense  fund 
of  the  district. 

Sec.  21.  The  district  may  at  any  time  be  dis- 
solved upon  the  vote  of  two-thirds  of  the  qualified 
electors  thereof,  upon  an  election   called  by  the 


Sanitary  Districts.  1047 

sanitaiT  board  upon  the  question  of  dissolution. 
Such  election  shall  be  called  and  conducted  in 
the  same  manner  as  other  elections  of  the  district. 
Upon  such  dissolution,  the  property  of  the  dis- 
trict shall  vest  in  any  incoi-porated  city  or  town 
that  may  at  said  time  be  in  occupation  of  a  con- 
siderable portion  of  the  territory  of  the  district, 
and  if  there  be  no  such  incorporated  city  or  town, 
then  the  property  shall  be  vested  in  the  board  of 
supervisors  of  the  county  until  the  formation  of 
such  a  city  or  town;  provided,  however,  that  if  at 
the  time  of  such  election  to  dissolve  such  district 
there  be  any  outstanding  bonded  indebtedness  of 
such  district,  then,  in  such  event,  the  vote  to  dis- 
solve such  district  shall  dissolve  the  same  for  all 
purposes  exceptina:  only  the  levy  and  collection 
of  taxes  for  the  payment  of  such  indebtedness; 
and  from  the  time  such  district  is  thus  dissolved 
until  such  bonded  indebtedness,  with  the  interest 
thereon,  is  fully  paid,  satisfied,  and  discharged, 
the  legislative  authority  of  said  incorporated  city 
or  town,  or  the  board  of  supervisors,  if  there  be 
no  such  incorporated  city  or  town,  is  hereby  con- 
stituted ex  officio  the  sanitary  board  of  such  dis- 
trict; and  it  is  hereby  made  obligatory  upon  such 
board  to  levy  such  taxes  and  perform  such  other 
acts  as  may  be  necessary  in  order  to  raise  money 
for  the  payment  of  such  indebtedness  and  the  in- 
terest thereon,  as  herein  provided. 

Sec.  22.  The  sanitary  board  shall  have  power, 
at  any  time  after  main  sewers  or  other  sewers  are 
laid,  to  order  and  contract  for  the  construction  of 
a  sewer  in  any  street  of  the  district  where  a  sew- 
ei*  is  not  already  constructed,  and  to  provide  by 
such  order  that  the  cost  thereof  shall  be  borne 
by  the  property  fronting  along  the  line  of  the 
sewer  so  ordered;  and  in  case  such  order  is  made, 
the  said  cost  shall  be  assessed  on  the  lots  and 
lands  fronting  on  such  sewer,  according  to  the 
provisions  of  the  general  law  of  the  state  in  rela- 
tion to  street  improvements  in  incorporated  cities 
and  towns,  in  force  at  the  time  such  assessment 
is  made,  so  far  as  the  same  shall  be  applicable, 
and  the  lien  of  the  assessment  so  made  shall  be 
enforced  by  action  to  be  brought  by  the  district 
attorney  of  the  county,  in  the  name  of  the  sani- 
tary district;  provided,  that  nothing  in  this  sec- 
tion contained  shall  be  construed  to  take  away  or 


1048  Sanitary  Districts. 

impair  the  power  of  the  board  to  provide  that  the 
expenses  of  the  sewers  above  provided  for  shall 
be  borne  by  the  whole  district,  as  in  other  cases. 

Sec.  23.  All  acts  and  parts  of  acts  in  conflict 
with  this  act,  or  any  portion  thereof,  are  hereby 
repealed. 

Sec.  24.    This  act  shall  take  effect  inimediately. 


An  Act  to  provide  for  the  proper  sanitary  condi- 
tion of  factories  and  workshops,  and  the 
preservation  of  the  health  of  the  employees. 

[Approved  February  6,  1889;  1889,  3.] 

Sanitary  condition  of  factories. 

Section  1.  Every  factory,  workshop,  mercan- 
tile or  other  establishment,  in  which  five  or  more 
persons  are  employed,  shall  be  kept  in  a  cleanly 
state  and  free  from  the  effluvia  arising  from  any 
drain,  privy,  or  other  nuisance,  and  shall  be  pro- 
vided, within  reasonable  access,  with  a  sufficient 
number  of  waterclosets  or  privies  for  the  use  of 
the  persons  employed  therein.  Whenever  the 
persons  employed  as  aforesaid  are  of  different 
sexes,  a  sufficient  number  of  separate  and  dis- 
tinct waterclosets  or  privies  shall  be  provided  for 
the  use  of  each  sex,  which  shall  be  plainly  so  des- 
ignated, and  no  person  shall  be  allowed  to  use 
any  watercloset  or  privy  assi,gned  to  persons  of 
the  other  sex. 
Ventilation  of  factories. 

Sec.  2.  '  Evei-y  factory  or  workshop  in  which 
five  or  more  persons  are  employed  shall  be  so 
ventilated  while  work  is  carried  on  therein  that 
the  air  shall  not  become  so  exhausted  as  to  be 
injurious  to  the  health  of  the  persons  employed 
therein,  and  shall  also  be  so  ventilated  as  to  ren- 
der harmless,  as  far  as  practicable,  all  the  gases, 
vapors,  dust,  or  other  impurities  generated  in  the 
course  of  the  manufacturing  process  or  handicraft 
carried  on  therein,  that  may  be  injurious  to 
health. 
Places  for  work  condemned. 

Sec.  3.  No  basement,  cellar,  underground  apart- 
ment, or  other  place  which  the  commissioner  of 
the  bureau  of  labor  statistics  shall  condemn  as 
unhealthy   and    unsuitable,    shall     be   used   as   a 


San  Joaquin  County.  1049 

workshop,  factory,  or  place  of  business  in  which 
any  person  or  persons  shall  be  employed. 
Protection  to  employees. 

Sec.  4.  If  in  any  factory  or  workshop  any  pi-o- 
cess  or  work  is  carried  go  by  which  dust,  fila- 
ments, or  injurious  gases  are  .i^enerated  or  produc- 
ed that  are  liable  to  be  inhaled  by  the  persons  em- 
ployed therein,  and  it  appears  to  the  commis- 
sioner of  the  bureau  of  labor  statistics  that  such 
inhalation  could  to  a  great  extent  be  prevented 
by  the  use  of  some  mechanical  contrivance,  he 
shall  direct  that  such  conti-ivance  shall  be  pro- 
vided, and  within  a  reasonable  time  it  shall  be 
so  provided  and  used. 
Female  employees  to  be  furnished  seats. 

Sec.  5.  EveiT  person,  firm,  or  corporation  em- 
ploying females,  in  any  manufacturing,  mechani- 
cal, or  mercantile  establishment,  shall  provide 
suitable  seats  for  the  use  of  the  females  so  em- 
ployed, and  shall  permit  the  use  of  such  seats  by 
them  when  they  are  not  necessarily  engaged  in 
the  active  duties  for  which  they  are  employed. 
Penalty. 

Sec.  6.    Any  person     or     corporation     violating 
any  of  the  provisions  of  this  act  shall  be  punish- 
ed by  a  fine  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars  for  each  offense. 
Duty  of  commissioner  of  labor  statistics. 

Sec.  7.  It  shall  be  the  duty  of  the  commissioner 
of  the  bureau  of  labor  statistics  to  enforce  the 
provisions  of  this  act. 

Sec.  8.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


TITLE  238. 

SAN  JOAQUIN  COUNTY. 

A  reference  to  local  acts  relating  to  San  Joaquin 
County  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  680-682. 


1050  San   Luis   Obispo— Santa   Clara. 

TITLE  239. 

SAN  LUIS  OBISPO  COUNTY. 

A  reference  to  local  acts  relating  to  San  Luis 
Obispo  county  is  contained  in  Deering's  Annotat- 
ed Penal  Code,  pp.  682-684. 


TITLE  240. 
SAN   MATEO   COUNTY. 

A  reference  to  the  acts  relating  to  San  Mateo 
county  is  contained  in  Deering's  Annotated  Pe- 
nal Code,  pp.  684,  685. 


TITLE  241. 
SANTA  BARBARA  COUNTY. 

A  reference  to  local  laws  relating  to  SaKta  Bar- 
bara county  is  contained  in  Deering's  Annotated 
Penal  Code,  pp.  685,  686. 

The  act  of  March  30,  1878,  to  amend  the  act  to 
incorporate  the  city  of  Santa  Barbara  was  re- 
pealed by  act  approved  March  11,  1887;  Stats. 
1887,  p.  108. 


TITLE  242. 
SANTA  CLARA  COUNTY. 

A  reference  to  local  acts  affecting  Santa  Clara 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  686-688. 

In  addition,  see  an  act  to  amend  an  act  entitled 
"An  act  to  incorporate  the  city  of  San  Jose,"  ap- 
proved March  11.  1891;  Stats.  1891,  p.  97. 


Santa  Cruz— Schools.  1051 

TITLE  243. 
SANTA  CRUZ  COUNTY. 

A  reference  to  local  acts  relating  to  Santa  Cruz 
is  contained  in  Deering's  Annotated  Penal  Code, 
pp.  689,  690. 

TITLE  244. 

SCHOOL   OP   INDUSTRY. 

Acts  relating  to:  See  Penal  Code,  Appendix, 
title  "School  of  Industry,"  p.  611. 

TITLE  245. 

SCHOOL   OF   REFORM. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle "School  of  Reform,"  p.  627. 


TITLE  246. 

SCHOOLS. 

See     Political     Code,     Appendix,     title     Normal 
Schools. 

An  act  to  provide  for  the  care  and  security  of  the 
state  service  of  school  text-boolis,  by  the  erec- 
tion of  a  fire-proof  warehouse  to  be  used  for  the 
storage  of  the  same,  authorizing  the  appoint- 
ment of  a  storelieeper  to  have  the  care  and 
custody  of  said  text-boolis,  and  appropriating 
money  to  pay  the  expenses  of  erecting  said 
warehouse. 

[Approved  March  15,  1887;  1887,  131.] 
Ten  thousand  dollars  was  appropriated  for  the 

purposes   indicated. 


1052  Schools. 

An  act  to  provide  for  compiling,  illustrating,  elec- 
trotyping,  printing,  binding,  copyrigliting,  and 
distributing  certain  books  of  a  state  series  of 
sctiool  text-books,  and  appropriating  money 
therefor. 

[Approved  March  15,  1887;  1887,  139.] 

Defining  additional  books  for  compilation. 

Section  1.  In  addition  to  the  books  directed  to 
be  compiled  for  use  in  the  common  schools  of  the 
state  by  section  one  of  the  act  entitled  "An  act 
to  provide  for  compiling,  illustrating,  electrotyp- 
ing,  printing,  binding,  copyrighting,  and  distribut- 
ing a  state  series  of  school  text-books,  and  appro- 
priating nioney  iherefor,"  approved  February 
twenty*^six,  eighteen  hundred  and  eighty-five, 
the  state  board  of  education  shall  compile,  or 
cause  to  be  compiled,  the  following  described 
text-books,  viz:  One  (1)  elementary  arithmetic; 
one  (1)  elementary  grammar,  or  language  lessons; 
one  (1)  elementary  geography;  one  (1)  physiology 
and  hygiene,  including  a  system  of  gymnastic  ex- 
ercises, and  special  instructions  as  to  the  nature 
of  alcoholic  drinks  and  narcotics,  and  their  effects 
upon  the  human  system;  and  the  sum  of  fifteen 
thousand  dollars,  in  addition  to  the  unexpended 
balance  of  the  sum  appropriated  by  section  eight 
of  said  act  aforesaid,  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  for  the  purpose  of  compiling,  or 
causing  to  be  compiled,  the  text-books  hereinbe- 
fore enumerated,  together  with  those  enumerated 
in  section  one  of  said  act  aforesaid,  and  still  re- 
maining to  be  compiled.  The  appropriation  pro- 
vided for  in  this  section  shall  be  subject  to  the 
order  of  the  state  board  of  education;  provided, 
that  all  demands  against  said  appropriation  shall 
first  be  approved  by  said  state  board  of  education, 
and  presented  to  the  state  board  of  examiners,  in 
itemized  form,  for  their  approval;  and  upon  the  ap- 
proval of  the  state  board  of  examiners,  the  con- 
troller is  hereby  authorized  to  draw  his  warrant 
upon  the  state  treasurer  for  the  payment  of  said 
demands,  and  the  state  treasurer  is  authorized  to 
pay  the  same. 
Remuneration  for  compiling  books. 

Sec.  2.    The  state  board  of  education  shall  em- 


Schools.  1053 

ploy  well-qualified  persons  to  compile  the  books 
mentioned  in  section  one  of  this  act,  and  shall  fix 
the  remuneration  for  the  services  thus  rendered; 
provided,  that  if  competent  authors  shall  compile 
any  one  or  more  works  of  the  first  order  of  ex- 
cellence, and  shall  offer  the  same  as  a  free  gift 
to  the  people  of  the  state,  together  with  the  copy- 
right of  the  same,  and  the  exclusive  right  to 
manufacture  and  sell  such  works  within  the  state 
of  California,  it  shall  be  the  duty  of  the  state 
board  of  education  to  accept  such  gift,  and  to  ex- 
pend no  money  for  the  purpose  of  compiling 
works  relating  to  the  subjects  treated  of  in  the 
books  thus  donated.  The  state  board  of  education 
shall  furnish  to  the  superintendent  of  state  print- 
ing designs  for  all  cuts  and  engravings  to  be  used 
in  the  said  series  of  text-books. 
Supervision  of  superintendent  of  state  printing. 

Sec.  3.  The  printing  of  all  the  text-books  pro- 
vided for  in  section  one  of  this  act,  and  all  the  me- 
chanical work  connected  therewith,  shall  be  done 
by  and  under  the  supervision  of  the  superintendent 
of  state  printing,  at  the  state  printing-office;  pro- 
vided, that  the  purchase  of  paper  for  the  school 
books,  and  the  card-boards,  cloth,  and  leather  for 
covers,  shall  be  procured  by  advertising  for  pro- 
posals to  furnish  the  same  in  the  manner  now  pro- 
vided for  by  section  five  hundred  and  thirty-two 
of  the  Political  Code,  relating  to  paper  supplies 
for  the  state  printing-office;  and  provided  further, 
that  all  folding,  stitching,  binding,  and  ruling 
shall  be  done  in  the  state  bindery;  but  the  ac- 
counts of  the  school-book  binding  shall  be  kept 
separate  from  those  of  all  other  binding.  The 
sum  of  one  hundred  and  sixty-five  thousand  dol- 
lars, in  an  addition  to  the  unexpended  balance  of 
the  sum  appropriated  by  section  nine  of  said  act 
aforesaid,  approved  February  twenty-sixth, 
eighteen  hundred  and  eighty-five,  seven  thousand 
five  hundred  dollars  of  which  shall  be  available 
during  the  present  fiscal  year,  is  hereby  appropri- 
ated but  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  to  purchase  the  nec- 
essary machinery,  and  to  properly  maintain 
the  same,  and  to  purchase  such  type  and 
other  materials  as  may  be  required  in  the 
manufacture  of  the  text-books  provided  for  in  sec- 


1054  Schools. 

tion  one  of  this  act,  together  with  those  enumer- 
ated in  section  one  of  said  act  aforesaid,  approved 
February  twenty-sixth,  eighteen  hundred  and 
eighty-five,  and  remaining  to  be  manufactured,  as 
well  as  to  pay  the  salaries  or  wages  of  the  com- 
positors, binders,  and  other  persons  to  be  em- 
ployed in  such  manufacture;  provided,  that  the 
state  board  of  education  shall  first  approve  the 
style  of  printing,  engravings,  and  illustrations, 
kind  of  paper,  size,  and  binding  of  volumes;  said 
sum  to  be  drawn  by  the  superintendent  of  state 
printing  in  the  same  manner  as  provided  in  sub- 
division four  of  section  five  hundred  and  twenty- 
six  of  the  Political  Code. 
Secure  copyrights. 

Sec.  4.    The  state  board  of  education    shall    se- 
cure copyrights  to  all  the  bool^s  that  shall  be  com- 
piled under  the  provisions  of  this  act,  and  shall 
protect  said  copyrights  from  all  infringement. 
Moneys  received  kept  in  state  treasury. 

Sec.  5.  All  moneys  that  have  been  received  or 
may  hereafter  be  received  from  the  state  series  of 
school  text-books  shall  be  kept  by  the  state  treas- 
urer as  a  separate  and  distinct  fund,  to  be  known 
as  the  state  scliool  book  fund,  which  said  fund 
shall  be  subject  to  the  following  drafts,  viz.:  by 
the  superintendent  of  state  printing  for  all 
moneys  needed  for  manufacturing  any  editions  of 
any  book  of  the  state  series,  over  and  above  the 
first  fifty  thousand  copies  manufactured  of  such 
book,  the  same  to  be  drawn  as  provided  in  subdi- 
vision four  of  section  five  hundred  and  twenty-six 
of  the  Political  Code;  provided,  that  all  demands 
on  the  state  school  book  fund  shall  be  presented 
to  the  state  board  of  examiners  in  itemized  form, 
for  their  approval;  and  upon  the  approval  of  the 
state  board  of  examiners,  the  controller  is  hereby 
authorized  to  draw  his  warrant  upon  the  state 
treasurer  for  the  payment  of  said  demands,  and 
the  state  treasurer  is  authorized  to  pay  the  same. 

Sec.  6.  This  act  shall  take  effect  from  and  after 
its  passage. 


Schools.  1055 

An  act  to  provide  for  compiling,  illustrating,  elec- 
trotyping,  printing,  binding,  copyrighting,  and 
distributing  an  elementary  book  on  civil  gov- 
ernment, for  the  state  series  of  school  text- 
boolis. 

[Approved  March  19,  1889;  1889,  327.] 

Compiling,  etc.,  books  on  civil  government  of  the 
United  States. 

Section  1.  The  state  board  of  education  shall 
compile,  or  cause  to  be  compiled,  the  following 
described  text-book  for  use  of  the  common  schools 
of  the  state,  viz.:  One  (1)  elementary  book  on  the 
civil  government  of  the  United  States,  with  a 
special  analysis  of  the  government  of  the  state 
of  California. 
Printing  of. 

Sec.  2.  The  printing  of  said  elementary  book  on 
civil  government,  provided  for  in  section  one  of 
this  act,  shall  be  done  by  and  under  the  super- 
vision of  the  superintendent  of  state  printing,  sub- 
ject to  the  provisions  of  section  three  of  an  act  en 
titled  "An  act  to  provide  for  compiling,  illustrat- 
ing, electrotyping,  printing,  binding,  copyright- 
ing, and  distributing  certain  books  of  a  state  se- 
ries of  school  text-books,  and  appropriating 
money  therefor,"  approved  March  fifteenth, 
eighteen  hundred   and   eighty-seven. 

Sec.  3.    This  act  shall  take  effect  from  and  af- 
ter its  passage. 


An  act  to  provide  for  compiling,  illustrating,  elec- 
trotyping, printing,  binding,  copyrighting,  and 
distributing  a  state  series  of  school  text-books, 
and  appropriating  money  therefor. 

[Approved  February  26,  1885.] 

Series  of  school  books. 

Section  1.  The  state  board  of  education  shall 
compile,  or  cause  to  be  compiled,  for  use  in  the 
common  schools  of  the  state,  a  series  of  school 
text-books  of  the  following  description,  viz.:  Three 
(3)  readers,  one  (1)  speller,  one  (1)  arithmetic,  one 
(1)  grammar,  one  vl)  history  of  the  United  States. 
and  one  (1)  geography.    The  matter  contained  in 


1056  Schools. 

the  readers  shall  consist  of  lessons  commencing 
with  the  simplest  expressions  of  the  language, 
and,  by  a  regular  gradation,  advancing  to  and 
including  the  highest  styles  of  composition,  both 
in  prose  and  poetry. 
Compilers  of  same. 

Sec.  2.  The  state  board  of  education  shall  em- 
ploy well-qualified  persons  to  compile  the  boolvs 
mentioned  in  section  one  of  this  act,  and  shall  fix 
the  remuneration  for  the  services  thus  rendered; 
provided,  that  if  competent  authors  shall  compile 
any  one  or  more  works  of  the  first  order  of  excel- 
lence, and  shall  ofCer  the  same  as  a  free  gift  to 
the  people  of  the  state,  together  with  the  copy- 
right of  the  same,  and  the  exclusive  right  to 
manufacture  and  sell  such  works  within  the  state 
of  California,  it  shall  be  the  duty  of  the  state 
board  of  education  to  accept  such  gift,  and  to  ex- 
pend no  money  for  the  purpose  of  compiling 
works  relating  to  the  subjects  treated  of  in  the 
books  thus  donated.  The  state  board  of  education 
shall  furnish  to  the  superintendent  of  state  print- 
ing designs  for  all  cuts  and  engravings  to  be  used 
in  the  said  series  of  text-books. 
Printing  and  binding. 

Sec.  3.  The  printing  of  all  the  text-books  pro- 
vided for  in  section  one  of  this  act,  and  all  the  me- 
chanical work  connected  therewith,  shall  be  done 
by  and  under  the  supervision  of  the  superintendent 
of  state  printing  at  the  state  printing-otuce;  pro- 
vided, that  the  purchase  of  paper  for  the  school 
books,  and  the  card-boards,  cloth,  and  leather  for 
covers,  shall  be  procured  by  advertising  for  pro- 
posals to  furnish  the  same,  in  the  manner  now 
provided  for  by  section  five  hundred  and  thirty- 
two  of  the  Political  Code,  relating  to  paper  sup- 
plies for  the  state  printing-ottice:  and  provided 
further,  that  when  the  state  has  its  bindery  in 
operation,  all  folding,  stitching,  binding,  and  rul- 
ing of  the  state  shall  be  done  in  the  state  bindery; 
biit  the  accounts  of  the  school  book  binding  shall 
be  kept  separate  from  those  of  all  other  binding. 
Copyrights. 

Sec.  4.  The  state  board  of  education  shall  se- 
cure copyrights  to  all  the  books  that  shall  be  com- 
piled under  the  provisions  of  this  act,  and  shall 
protect  said  copyrights  from  all  infringement. 


Schools.  1057 

Order  for  uniform  use. 

Sec.  5.  Whenever  any  one  or  more  of  the  state 
series  of  school  text-boolis  shall  have  been  com- 
piled and  adopted,  the  state  board  of  education 
shall  issue  an  order  requiring  the  uniform  use  of 
said  book  or  boolis  in  the  common  schools  of  the 
state;  but  said  order  for  the  uniform  use  of  said 
book  or  books  shall  not  take  effect  till  the  expira- 
tion of  at  least  one  year  from  the  time  of  the  com- 
pletion of  the  electrotype  plates  of  said  book  or 
books,  and  thereafter  such  book  or  books  shall  be 
used  in  all  the  common  schools  of  this  state;  and 
no  school  board  or  other  school  authority  in  this 
state  shall  have  the  power  to  authorize  the  use  of, 
nor  shall  any  common  school  in  this  state  use 
any  books  as  text-books  for  pupils  other  than 
those  directed  to  be  used  by  the  order  aforesaid 
of  such  state  board,  except  books  on  such 
subjects  as  are  not  provided  for  by  text' 
books  published  by  the  state.  Nothing  in 
this  act  shall  be  construed  to  prevent  any 
countj'  or  school  district  from  adopting  any  one 
or  more  of  the  state  series  of  school  text-books 
whenever  said  book  or  books  shall  have  been  pub- 
lished. The  superintendent  of  public  instruction 
must  withhold  from  any  city,  city  and  county, 
county,  or  from  any  school  district  in  this  state 
using  school  books  in  violation  of  the  provisions 
of  this  act  and  section  all  state  school  moneys  to 
which  it  may  be  entitled,  until  it  comply  with  the 
requirements  of  this  section;  and  any  moneys  so 
withheld  must  be  apportioned  by  the  superintend- 
ent at  the  next  annual  apportionment  in  the  same 
manner  as  other  school  moneys  in  the  treasury. 
[Amendment  approved  March  31,  1891;  Stats. 
1891,  p.  453.] 
Text-books,  how  obtained. 

Sec.  6.  All  orders  for  text-books  shall  be  made 
on  the  superintendent  of  public  instruction,  and 
shall  be  accompanied  by  cash,  in  payment  for  the 
same,  at  the  price  fixed  by  the  state  board  of 
education  as  the  cost  price  at  Sacramento;  pro- 
vided, that  if  the  books  are  to  be  shipped  by  mail, 
the  cost  of  postage  shall  also  accompany  the  or- 
der. The  following  persons  shall  be  entitled  to 
order  books: 

1.    County   superintendents  of  schools,   for  the 
Gen.  Laws— 89. 


1058  Schools. 

use    of    teachers,    parents,    and    pupils    in  their 
counties  only. 

2.  Principals  of  state  normal  schools,  for  their 
own  and  for  the  use  of  the  pupils  in  their  respec- 
tive schools  only. 

3.  The  secretary  or  clerk  of  any  school  district 
in  the  state,  whether  incorporated  or  operating 
under  the  general  law  of  the  state,  for  the  use  of 
the  pupils  in  such  district  only;  but  no  boolis  or- 
dered by  the  county  superintendents,  or  clerks  of 
district  boards  of  trustees,  or  principals  of  state 
normal  schools,  shall  be  sold  at  a  price  exceeding 
the  cost  price  at  Sacramento,  with  the  actual  cost 
of  freiffht  and  cartage  added. 

4.  Any  retail  dealer  who  shall  first  transmit  to 
the  state  superintendent  of  public  instruction  an 
afiidavit,  duly  subscribed  by  him,  in  substance  as 
follows,  to  wit: 

"In  consideration  of  receiving  for  sale,  upon  the 
inclosed  or  upon  any  future  order,  the  series  of 
school  text-books,  or  any  part  thereof,  published 
by  the  state  of  California,  I  hereby  agree  that  I 
will  not  sell  the  same  to  any  person  or  persons  for 
the  purpose  of  being  sold  again,  or  to  any  person 
or  persons  beyond  the  limits  of  the  state  of  Cali- 
fornia; and  that  I  will  not  sell  said  series  of  text- 
books or  any  part  or  portion  thereof,  at  a  price 
exceeding  the  price  to  the  pupil  fixed  by  the  state 
board  of  education." 

Said  afiidavit  shall  be  indorsed  by  the  county 
superintendent  in  the  following  words,  viz.: 

"I  hereby  certify  that  (A  B)  is  a  rearular  retail 

dealer  in  school  books  in county.    C  D,  county 

superintendent." 

It  shall  be  the  duty  of  the  state  superintendent 
of  public  instruction  to  furnish,  at  once,  to  each 
county  superintendent,  for  the  use  of  any  dealer 
in  his  county  who  may  apply  for  permission  to 
sell  the  books  of  the  state  series,  printed  copies 
of  the  above  affidavit,  together  with  the  list  of 
prices  of  such  books  fixed  as  the  cost  price  at 
Sacramento,  and  tlie  price  to  the  pupil;  and  any 
dealer  who  shall  fail  to  comply  with  the  condi- 
tions of  such  affidavit  shall  forfeit  his  right  to  any 
further  purchase  of  said  books  from  the  state. 
And  it  shall  be  the  duty  of  the  superintendent  of 
public  instruction  to  report  to  the  state  controller, 


Schools.  1059 

on  or  before  the  fifth  day  of  every  month,  the 
number  of  books  sold  by  him  during  the  preced- 
ing month,  and  pay  the  moneys  received  for  the 
same  into  the  state  treasury.  It  shall  also  be  the 
duty  of  the  superintendent  of  state  printing,  on  or 
before  the  fifth  day  of  every  month,  to  report  to 
the  state  controller  the  number  and  value  of  the 
books  shipped  by  him  on  the  order  of  the  state 
superintendent  of  public  instruction,  and  the 
number  and  value  of  the  finished  books  on  hand. 
[Amendment  approved  March  15,  1887;  Stats. 
1887,  p.  145.  In  effect  immediately.] 
Duties  of  board  of  supervisors. 

Sec.  7.  It  shall  be  the  duty  of  the  boards  of  su- 
pervisors of  the  counties  or  cities  and  counties  in 
this  state  to  provide  a  revolving  fund,  for  the  pur- 
pose of  enabling  the  county  school  superintend- 
ents to  purchase  the  state  text-books;  all  moneys 
to  be  taken  therefrom  to  be  replaced  by  the 
moneys  received  from  the  sale  of  said  books  to 
the  scholars  of  the  public  schools  of  his  county, 
either  by  himself  or  by  the  teachers  of  the  public 
schools,  or  the  clerks  of  boards  of  district  trustees. 
[Amendment  approved  March  15,  1887;  Stats. 
1887,  p.  145.  In  effect  immediately.] 
Appropriation  for  compilations. 

Sec.  8.  The  sum  of  twenty  thousand  dollars  is 
hereby  appropriated,  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  for  the 
purpose  of  compiling,  or  causing  to  be  compiled, 
the  series  of  text-books  for  the  common  schools, 
as  set  forth  in  section  one  of  this  act.  The  ap- 
propriation provided  for  in  this  section  shall  be 
subject  to  the  order  of  the  state  board  of  educa- 
tion; provided,  that  all  demands  against  said  ap- 
propriation shall  first  be  approved  by  said  state 
board  of  education  and  presented  to  the  state 
board  of  examiners  in  itemized  form  for  their  ap- 
proval; and  upon  the  approval  of  the  state  board 
of  examiners,  the  controller  is  hereby  authorized 
to  draw, his  warrant  upon  the  state  treasurer  for 
the  payment  of  said  demands,  and  the  state  treas- 
urer is  authorized  to  pay  the  same. 
Appropriation  for  presses,  type,  etc. 

Sec.  9.    The  sum  of  one  hundred  and  fifty  thou- 
sand dollars  is  hereby  appropriated     out  of  any 


1060  Schools. 

money  in  the  state  treasury  not  otherwise  appro- 
priated, to  purchase  the  necessary  machinery, 
presses,  type,  binding,  electroyping  apparatus, 
and  such  other  material  as  may  be  required  in  the 
manufacture  of  the  text-boolis  provided  for  in  sec- 
tion one  of  this  act,  as  well  as  to  pay  the  salaries 
or  wages  of  the  compositors,  binders,  and  other 
persons  to  be  employed  in  such  manufacture;  pro- 
vided, that  the  state  board  of  education  shall  first 
approve  the  style  of  printing,  engravings,  and 
illustrations,  liind  of  paper,  size,  and  binding  of 
volumes;  said  sum  to  be  drawn  by  the  superin- 
tendent of  state  printing  in  the  same  manner  as 
provided  in  subdivision  four  of  section  five  hun- 
dred and  twenty-six  of  the  Political  Code. 
Furnished  at  cost  of  printing. 

Sec.  10,  All  school  boolis  compiled  by  the  state 
shall  be  furnished  to  the  public  school  children  of 
the  state  at  the  cost  of  printing,  publishing,  and 
distributing  the  same;  said  cost  to  be  ascertained 
and  fixed  by  the  state  board  of  education,  on  or 
before  the  fifteenth  day  of  June  of  each  school 
year;  and  it  is  further  enacted,  that  the  cost  of 
distribution  shall  be  talien  to  be  the  cost  of  post- 
age required  for  mailing  each  book.  [Amend- 
ment approved  March  15,  1887;  Stats.  1887,  p.  145. 
In  effect  immediately.] 

Sec.  11.  All  acts  or  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Sec.  12.    This  act  shall  take  effect  immediately. 

Superintendent  of  public  instruction  to  employ  as- 
sistance. 

Sec.  4.  The  superintendent  of  public  instruc- 
tion is  hereby  authorized  to  employ  assistance 
necessary  to  the  carrying  out  of  the  provisions 
of  this  act.  And  the  controller  is  hereby  directed 
and  authorized  to  draw  his  Avarrants  for  a  sum 
not  exceeding  two  thousand  dollars  annually,  on 
the  general  fund  of  the  state,  for  the  payment 
of  such  assistance.  [Amendment  approved 
March  15,  1887;  Stats.  1887,  145.  In  effect  imme- 
diately.] 

(The  amendment  added  this  new  section  at  the 
end,  but  did  not  give  it  a  new  number.  This  num- 
ber is  the  amendment  section  number.) 


Schools.  1061 


An  act  to  provide  for  the  revision  of  certain  books 
of  the  state  series  of  school  text-books,  for  the 
compilation  of  an  additional  book  of  said 
series,  and  for  the  continued  publication  of  the 
same;  and  to  authorize  and  direct  the  use,  for 
these  purposes,  of  the  money  accumulated  in 
the  state  school  book  fund. 

[Approved  March  9,  1893;  Stats.  1893,  p.  85.] 

Section  1.  The  state  board  of  education  is 
hereby  authorized  and  directed  to  revise  the  fol- 
lowing books  of  the  state  series  of  school  text- 
books, viz.,  the  first,  second,  and  third  readers,  the 
English  grammar,  the  United  States  history,  and 
the  advanced  arithmetic,  and  to  compile  a  pri- 
mary history  of  the  United  States;  and  in  such 
revision  and  compilation  may  employ  vi^ell-quali- 
fied  persons  to  assist  them;  provided,  that  in  re- 
vising said  readers  the  board  may  cause  them  to 
be  issued  in  a  series  of  five  books  or  less,  in  their 
discretion;  and  the  board  shall  furnish  to  the  su- 
perintendent of  state  printing  designs  for  all  cuts 
and  engravings  to  be  used  m  the  books  revised 
and  compiled  under  the  provisions  of  this  section. 

Sec.  2.  All  indebtedness  incurred  by  said  board 
in  carrying  out  the  provisions  of  section  one  of 
this  act  shall  be  paid  out  of  the  money  accumu- 
lated in  the  state  school  book  fund  from  the  sale 
of  the  state  series  of  school  text-books;  provided, 
that  all  demands  on  account  of  such  indebtedness 
shall  first  be  approved  by  said  state  board  of  edu- 
cation, and  presented  to  the  state  board  of  ex- 
aminers, in  itemized  form,  for  tlieir  approval,  and 
upon  the  approval  thereof  by  the  state  board  of 
examiners  the  controller  is  hereby  authorized  to 
draw  his  warrant  upon  the  state  treasurer  for  the 
payment  of  said  demands,  and  the  state  treasurer 
is  authorized  to  pay  the  same;  provided  further, 
that  the  indebtedness  incurred  by  said  board  in 
carrying  out  the  provisions  of  section  one  of  this 
act  shall  not  exceed  the  sum  of  twenty-five  thou- 
sand dollars  ($25,000),  which  sum  is  hereby  ap- 
propriated from  the  state  school  book  fund  for 
the  use  of  the  said  board  in  the  premises. 

Sec.  3.  The  state  board  of  education  shall  se- 
cure copyrights  to  all  the  books  that  shall  be  re- 


1062  Schools. 

vised  or  compiled,  as  the  case  may  be,  under  the 
provisions  of  this  act,  and  shall  protect  said  copy- 
rights from  all  infringement. 

Sec.  4.  Whenever  any  one  or  more  of  the  state 
series  of  school  text-books  shall  have  been  revised 
or  compiled,  the  state  boaru  oi  education  shall  is- 
sue an  order  requiring  the  uniform  use  of  said 
book  or  books  in  the  common  schools  of  the  state; 
but  said  order  for  the  uniform  use  of  said  book  or 
books  shall  not  take  effect  till  the  expiration  of  at 
least  one  year  from  the  time  of  the  completion  of 
the  electrotype  plates  of  said  book  or  books. 
Nothing  in  this  act  shall  be  construed  to  prevent 
any  county,  city,  city  and  county,  or  school  dis- 
trict from  using  any  one  or  more  of  the  state  se- 
ries of  school  text-books  provided  for  in  this  act, 
whenever  said  book  or  books  shall  have  been  pub- 
lished. 

Sec.  5.  The  printing  and  binding  of  all  text- 
books specified  in  section  one  of  this  act,  and  all 
the  mechanical  work  connected  therewith,  shall 
be  done  by  and  under  the  supervision  of  the  super- 
intendent of  state  printing,  at  the  state  printing- 
office;  provided,  that  the  purchase  of  paper  for 
the  school  books,  and  the  binder's  boards,  cloths, 
and  leather  for  covers,  shall  be  procured  by  adver- 
tising for  proposals  to  furnish  the  same,  in  the 
manner  now  provided  for  by  section  five  hundred 
and  thirty-two  of  the  Political  Code,  relating  to 
paper  supplies  for  the  state  printing-office. 

Sec.  G.  Whenever  the  appropriations  heretofore 
made  from  the  general  fund  to  the  use  of  the  su- 
perintendent of  state  printing  for  the  manufac- 
ture of  books  of  the  state  series  of  school  text- 
books is  exhausted,  all  indebtedness  incurred  for 
the  further  manufacture  of  said  books  shall  be 
paid  from  the  state  school  book  fund,  together 
with  all  indebtedness  incurred  for  the  purchase 
and  proper  maintenance  of  such  necessary  ma- 
chinery as  may  be  required  in  the  manufacture 
of  said  books,  and  to  purchase  such  type  and  other 
materials  as  may.be  required  for  the  same;  pro- 
vided, that  all  demands  on  the  state  school  book 
fund,  for  the  purposes  enumerated  in  this  section, 
shall  be  presented  to  the  state  board  of  examiners, 
in  itemized  form,  for  their  approval;  and  upon  the 
approval  of  the  state  board  of  examiners,  the  con- 


Schools.  10G3 

troller  is  hereby  authorized  to  draw  his  warrant 
upon  the  state  treasurer  for  the  payment  of  said 
demands,   and  the   state  treasurer  is   authorized 
to  pay  the  same. 
See.  7.    This  act  shall  take  effect  immediately. 


An  act  to  provide  for  the  levy  and  collection  of 
taxes  by  and  for  school  districts,  except  in  mu- 
nicipal corporations  of  the  first  class. 

[Approved  February  14,  1891;  Stats.  1891,  p.  4.] 

Section  1.  In  all  cases  where  the  board 
of  school  trustees,  boara  of  school  directors, 
board  of  education,  or  other  governing  board 
of  any  school  district  in  this  state,  except 
in  municipal  corporation  of  the  first  class,  has  or 
may  hereafter  have  power  to  raise  money  by  tax- 
ation without  a  vote  of  the  people  of  the  school 
district,  in  addition  to  the  funds  provided  by  state 
and  county  for  school  or  educational  purposes, 
such  money  shall  be  raised  and  such  taxes 
shall  be  levied  and  collectea  in  the  man- 
ner following,  to  wit:  The  board  of  trustees 
directors,  or  board  of  education  shall,  within  the 
limits  fixed  by  law,  estimate  the  amount  of  money 
to  be  so  raised  by  taxation,  and  required  by  their 
respective  districts  for  school  purposes  during  the 
year  next  ensuing,  which  year  shall  begin  on  the 
first  Monday  of  January,  at  twelve  o'clock,  M. 
Said  meeting  for  such  purpose  shall  be  held  be- 
tween the  first  and  twentieth  day  of  September  in 
each  year;  said  estimate,  showing  the  amount  and 
for  what  purpose  the  same  is  to  be  used,  shall  be 
entered  upon  the  records  of  the  board  making  the 
same,  and  signed  by  a  majority  of  said  board,  and 
attested  by  the  clerk  or  secretary  of  said  board. 
Said  clerk  or  secretary  shall  immediately  furnish 
to  the  board  of  supervisors  of  the  county  in  which 
such  district  is  situated  a  copy  of  said  record  con- 
taining such  estimate,  which  shall  show  the  name 
of  the  district,  the  amount  of  money  to  be  raised, 
and  the  purposes  for  which  it  is  to  be  used. 

Sec.  2.  The  board  of  supervisors,  upon  receipt 
of  such  estimate,  must,  at  the  time  of  levying  the 
county  taxes,  levy  a  tax  upon  all  the  taxable  prop- 
erty in  the  school  district  requiring  such  money 


1064  Schools. 

sufficient  to  raise  the  amount;  the  rate  of  taxation 
shall  be  ascertained  by  deducting  fifteen  per  cent 
for  anticipated  delinquencies  from  the  aggregate 
assessed  value  of  the  property  in  the  district  as 
it  appears  on  the  assessment  roll  of  the  county, 
and  then  divide  the  amount  to  be  raised  by  the  re- 
mainder of  said  aggregate  assessed  value.  The 
taxes  so  levied  shall  be  computed  and  entered  on 
the  assessment  roll  by  the  county  auditor,  and  col- 
lected at  the  same  time  and  in  the  same  manner 
as  state  and  county  taxes,  and  when  collected, 
shall  be  paid  into  the  county  treasury  for  the  use 
of  the  district  for  which  said  money  was  collected. 
The  county  treasurer  shall,  upon  demand,  pay  out 
such  moneys  to  the  district  entitled  thereto,  in  the 
same  manner  as  other  school  moneys  are  paid  out 
by  such  treasurer. 

Sec.  .3.    All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 


An  act  to  enable  school  districts,  in  Ci^ies  of  the 
fifth  class,  and  school  districts  which  embrace 
territory  a  portion  of  which  is  within  and  a 
portion  of  which  is  without  such  cities  of  the 
fifth  class,  to  issue  bonds  for  the  purpose  of 
raising  money  to  purchase  school  lots,  and  for 
building  or  purchasing  one  or  more  school- 
houses,  and  supplying  the  same  with  furniture, 
necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness 
already  incurred  for  such  purposes,  and  to  re- 
peal an  act  approved  Marcn  3i,  1891,  entitled 
*'An  act  to  enable  cities  of  the  fifth  class  to 
issue  bonds  for  the  purpose  of  raising  money 
to  purchase  school  lots  and  for  building  or  pur- 
chasing one  or  more  school-houses,  and  supply- 
ing the  same  with  furniture,  necessary  appar- 
atus, and  improving  the  grounds,  and  for  li- 
quidating any  indebtedness  already  incurred 
for  such  purposes." 

[Approved  March  23,  1893;  Stats.  1893,  p.  292.] 

Section  1.  The  board  of  education  of  any  school 
district  in  a  city  of  the  fifth  class,  or  of  any  school 
district  which  embraces  territory,  a  portion  of 
which  is  within  and  a  portion  of  which  is  without 


Schools.  1065 

such  city  of  the  fifth  class,  may,  when  in  their 
judgment  it  is  advisable,  and  must,  when  request- 
ed by  the  board  of  trustees  of  such  city,  call  an 
election  and  submit  to  the  electors  of  the  district 
whether  the  bonds  of  such  district  shall  be  issued 
and  sold  for  the  purpose  of  raising  money  to  pur- 
chase school  lots,  and  for  building  or  purchasing 
one  or  more  school-houses,  and  supplying  the 
same  with  furniture,  necessary  apparatus,  and  im- 
proYing  the  grounds,  and  for  liquidating  any  in- 
debtedness already  incurred  for  such  purposes. 
[Amendment,  approved  March  11,  1897;  Stats. 
1897,  chap.  xcix.    In  effect  immediately.] 

Sec.  2.  Such  election  must  be  called  by  posting 
notices,  signed  by  the  board  of  education,  in  three 
of  the  most  public  places  in  the  district,  for  not 
less  than  twenty  days  before  the  election,  and  by 
publishing  such  notices,  in  some  newspaper  pub- 
lished in  such  city,  not  less  than  once  a  week  for 
three  successive  weelis. 

Sec.  3.     Such  notices  must  contain,— 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  one  inspector  and  two  judges 
in  each  voting  precinct  in  said  district,  to  conduct 
the  same. 

3.  The  hours  during  the  day,  not  less  than  six 
hours,  in  which  the  polls  will  be  open. 

4.  The  amount  and  denomination  of  the  bonds, 
the  rate  of  fnterest,  and  the  number  of  years,  not 
exceeding  ten,  the  whole  or  any  part  of  said  bonds 
are  to  run. 

Sec.  4.  Such  election  shall  be  held,  in  all  re- 
spects as  nearly  as  practicable,  in  conformity  with 
the  general  election  law;  provided,  that  no  particu- 
lar form  of  ballot  shall  be  required,  excepting  that 
the  words  to  appear  on  the  ballots,  which  shall 
be  "Bonds— Yes,"  or  "Bonds— No";  nor  shall  any 
informalities,  not  amounting  to  fraud,  in  conduct- 
ing such  election,  invalidate  the  same. 

Sec.  5.  On  the  seventh  day  after  said  election, 
at  one  o'clock,  P.  M,,  the  returns  having  been 
made  to  the  board  of  education,  the  board  must 
meet  and  canvass  said  returns,  and  if  it  appears 
that  two-thirds  of  the  votes  cast  at  said  election 
were  in  favor  of  issuing  such  bonds,  then  the 
board  shall  cause  an  entry  of  that  fact  to  be  made 
upon  its  minutes,  and  shall  certify  to  the  board 


10G6  Schools. 

of  supervisors  of  the  county  in  which  said  district 
is  located  the  proceedings  had  in  the  premises; 
and  thereupon  said  board  of  supervisors  shall  be 
and  they  are  hereby  authorized  and  directed  to 
issue  the  bonds  of  such  district  to  the  number  and 
amount  provided  in  such  proceedings,  payable  out 
of  the  bond  fund  of  such  district  (naming  the 
same),  and  that  the  money  shall  be  raised  by  tax 
ation  upon  the  taxable  property  in  said  district 
for  the  redemption  of  said  bonds,  and  tne  payment 
of  the  interest  thereon;  provided,  that  the  total 
amount  of  bonds  so  issued  shall  not  exceed  five 
per  cent  of  the  taxable  property  of  the  district  as 
shown  by  the  last  equalized  assessment  of  the 
property  in  such  school  district. 

Sec,  6.  The  board  of  supervisors,  by  an  order  en- 
tered upon  its  minutes,  shall  prescribe  the  form  of 
said  bonds,  and  of  the  interest  coupons  attached 
thereto,  and  must  fix  the  time  when  the  whole  or 
any  part  of  the  principal  of  said  bonds  shall  be 
payable,  which  shall  not  be  more  than  ten  years 
from  the  date  thereof. 

Sec.  7.  Said  bonds  must  be  payable  in  gold  coin 
of  the  United  States;  must  be  signed  by  the  pres- 
ident of  the  board  of  supervisors,  and  counter- 
signed by  the  clerk  of  the  county,  who  must  affix 
the  county  seal  thereto;  must  not  bear  a  greater 
rate  of  interest  than  eight  per  cent,  said  interest 
to  be  payable  semi-annually  in  like  gold  coin;  and 
said  bonds  must  be  sold  in  the  manner  prescribed 
by  the  board  of  supervisors,  but  for  not  less  than 
par,  in  gold  coin  of  the  United  States,  and  the 
proceeds  of  the  sale  thereof  must  be  deposited  in 
the  county  treasury  to  the  credit  of  the  building 
fund  of  said  school  district,  and  be  drawn  out  for 
the  purpose  aforesaid  as  other  school  moneys  are 
drawn  out. 

Sec.  8.  The  board  of  supervisors,  at  the  time  of 
making  the  levy  of  taxes  for  county  purposes, 
must  levy  a  tax  for  that  year  upon  the  taxable 
property  in  such  district  for  the  interest  and  re- 
demption of  said  bonds;  and  such  tax  must  not  be 
less  than  sufficient  to  pay  the  interest  of  said 
bonds  for  that  year,  and  such  portion  of  the  prin- 
cipal as  is  to  become  due  during  such  year,  and  in 
any  event  must  be  high  enougli  to  raise,  annually, 
for  the  first  half  of  the  term  said  bonds  have  to 


Schools.  1067 

run,  a  sufficient  sum  to  pay  the  interest  thereon, 
and  during  the  balance  of  the  term,  high  enough 
to  pay  such  annual  interest;  and  to  pay,  annually, 
a  pi-oportion  of  the  principal  of  said  bonds  equal 
to  a  sum  produced  by  talking  the  whole  amount  of 
said  bonds  outstanding  and  dividing  it  by  the 
number  of  years  said  bonds  then  have  to  run;  and 
all  moneys  so  levied,  when  collected,  shall  be  paid 
into  the  county  treasury  to  the  credit  of  the  build- 
ing fund  of  such  district,  and  be  used  for  the 
payment  of  principal  and  interest  on  said  bonds, 
and  for  no  other  purpose.  The  principal  and  in- 
terest on  said  bonds  shall  be  paid  by  the  county 
treasurer,  upon  the  warrant  of  the  auditor,  out  of 
the  fund  provided  therefor;  and  it  shall  be  the 
duty  of  the  auditor  to  cancel  and  file  with  the 
treasurer  the  bonds  and  coupons  as  rapidly  as 
they  are  paid.  This  section  shall  also  apply  to  all 
cases  where  bonds  were  issued  under  the  provi- 
sions of  the  aforesaid  act,  approved  March  31, 
eighteen  hundred  and  ninety-one,  and  in  such 
cases  all  moneys  collected  under  the  provisions 
of  this  section  shall  be  paid  by  the  county  treas- 
urer, upon  the  warrant  of  the  auditor,  to  the  city 
treasurer  of  the  city  where  such  bonds  and  the 
interest  thereon  are  payable.  Warrants  for  all 
such  moneys  shall  be  drawn  by  the  auditor  from 
time  to  time,  upon  the  demand  of  such  city  treas- 
urer. [Amendment,  approved  March  11,  1897; 
Stats.  1897,  chap.  xcix.    In  effect  immediately.] 

Sec.  9.  If  the  board  of  supervisors  of  any  coun- 
ty in  which  any  school  district  has  issued  bonds, 
under  the  provisions  of  this  act  or  under  the  pro- 
visions of  said  act  approved  March  thirty- 
first,  eighteen  hundred  and  ninety-one,  shall 
fail  to  malie  the  levy  necessary  to  pay  such  bonds 
or  interest  coupons  at  maturity,  and  the  same  shall 
have  been  presented  to  the  county  treasurer,  and 
the  payment  thereof  refused,  the  owner  may  file 
the  bonds,  together  with  all  unpaid  coupons,  with 
the  state  controller,  taking  his  receipt  therefor, 
and  the  same  shall  be  registered  in  the  state  con- 
troller's office;  and  tlie  state  board  of  equalization 
shall,  at  their  next  session,  and  at  each  annual 
equalization  thereafter,  add  to  the  state  tax  to  be 
levied  in  said  district  a  sufficient  rate  to  raise  the 
amount  of  principal  and  interest  past  due  prior  to 


1068  Schools. 

the  next  levy,  and  the  same  shall  be  levied  and 
collected  as  a  part  of  the  state  tax,  and  paid  into 
the  state  treasury,  and  passed  to  the  special  credit 
of  such  district  bond  tax,  and  shall  be  paid  by 
warrants,  as  the  payments  mature,  to  the  holder 
of  such  registered  obligations,  as  shown  by  the 
register  in  the  otiice  of  the  state  controller,  until 
the  same  shall  be  fully  satisfied  and  discharged; 
any  balance  then  remaining  shall  be  transmitted 
to  the  treasurer  of  the  county  in  which  is  sit- 
uated the  district  by  which  such  bonds  were  is- 
sued, and  shall  be  placed  by  the  county  treasurer 
to  the  credit  of  the  general  school  fund  of  said 
district  [Amendment,  approved  March  11,  1897; 
Stats.  1897,  chap.  xcix.     In  effect  immediately.] 

Sec.  10.  The  act  approved  March  thirty-first, 
eighteen  hundred  and  ninety-one,  entitled  "An  act 
to  enable  cities  of  the  fifth  class  to  issue  bonds 
for  tlie  purpose  of  raising  money  to  purchase 
school  lots,  and  for  building  or  purchasing  one  or 
more  school-houses,  and  supplying  the  same  with 
furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  al- 
ready incurred  for  such  purposes,"  is  hereby  re- 
pealed. 

Sec.  11.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


An  act  to  provide  for  the  appointment  and  salary 
of  a  clerk  in  the  ofiice  of  the  superintendent  of 
public  instruction,  and  to  make  an  appropria- 
tion therefor. 

[Approved  March  27,   1895;  Stats.   1895,  p.  238.] 

Section  1.  The  superintendent  of  public  instruc- 
tion may  appoint  an  additional  clerk,  who  shall 
be  a  stenographer,  at  a  salary  of  twelve  hundred 
dollars  per  year,  payable  in  the  same  manner  as 
the  salaries  of  other  civil  officers  of  the  state  are 
paid. 

Sec.  2.  There  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appro- 
priated the  sum  of  twenty-four  hundred  dollars, 
for  the  payment  of  said  clerk's  salary  for  the 
forty-seventh  and  forty-eighth  fiscal  years,  com- 


Schools.  1069 

mencing  July  first,  eighteen  hundred  and  ninety- 
five. 
Sec.  3.     This  act  shall  take  effect  immediately. 


An  act  to  create  and  administer  a  public  school 

teachers'  annuity  and  retirement  fund  in  the 

several   counties,   and   cities   and   counties   in 

the  state. 

[Approved  March  26,  1895;   Stats.  1895,   p.  170.] 

Section  1.  The  superintendent  of  public  schools, 
or  in  consolidated  cities  and  counties,  the 
superintendent  of  common  schools,  the  county 
treasurer,  or  in  consolidated  cities  and  counties, 
the  city  and  county  treasurer,  and  the  chairman  of 
the  board  of  supervisors,  or  in  consolidated  cities 
and  counties,  the  mayor,  of  each  county,  or  con- 
solidated city  and  county,  and  their  successors  in 
otfice,  are  hereby  constituted  a  boara  of  trustees 
of  the  public  school  teachers'  annuity  and  retire- 
ment fund,  to  manage  the  same  as  hereinafter  di- 
rected; said  board  shall  be  known  as  the  public 
school  teachers'  retirement  fund  commissioners, 
and  its  members  shall  serve  without  extra  com- 
pensation, and  shall  be  liable  on  their  official  bonds 
for  the  performance  of  the  duties  imposed  by  this 
act.  It  shall  be  the  duty  of  the  district  attorney 
of  every  county,  or  the  city  and  county  attorney 
of  every  consolidated  city  and  county,  to  attend 
to  all  suits,  matters,  and  things  in  which  the  said 
board  of  commissioners  may  be  le^any  interested, 
and  to  give  his  advice  or  opinion,  in  writing,  when- 
ever required  by  said  board.  [Amendment,  ap- 
proved March  29,  1897;  Stats.  lo97,  chap,  clxix. 
In  effect  immediately.] 

Sec.  2.  The  public  school  teachers'  retirement 
fund  commissioners  shall  organize  as  such  board 
by  choosing  one  of  their  number  as  chairman,  and 
one  as  secretary.  The  county  treasurer,  or  in  con- 
solidated cities  and  counties,  the  city  and  county 
treasurer,  shall  be  ex  officio  treasurer  of  said  re- 
tirement fund.  Said  board  shall  hold  quarterly 
meetings  on  the  third  Saturday  in  January,  April, 
July,  and  October  of  each  year,  at  the  office  of  the 
county  superintendent  of  public  schools,  or,  in 
consolidated  cities  and  counties,  at  the  office  of  the 
Gen.  Laws— 90. 


1070  Schools. 

superintendent  of  common  schools.  It  shall  bien- 
nially, at  its  meeting  in  January,  select  from  its 
members  a  chairman  and  a  secretary.  A  major- 
ity of  its  members  shall  constitute  a  quorum  for 
the  transaction  of  business.  It  shall  report  annu- 
ally to  tlie  board  of  supervisors  of  the  county,  or 
consolidated  city  and  county,  the  condition  of  said 
retirement  fund,  and  the  receipts  and  disburse- 
ments on  account  of  the  same,  with  a  full  and 
complete  list  of  the  beneficiaries  of  said  fund,  and 
the  amounts  paid  to  each  of  them.  [Amendment, 
approved  March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.] 

Old  section  3  amended  and  renumbered  section  8. 

Sec.  3.  Said  board  of  public  school  teachers'  re- 
tirement fund  commissioners  shall  issue  warrants, 
signed  by  its  chairman  and  secretary,  to  the  per- 
sons entitled  thereto,  for  the  amounts  of  money 
ordered  paid  to  such  persons  from  said  fund  by 
said  board,  stating  therein  for  what  purpose  such 
payment  is  made,  and  the  treasurer  shall  pay  such 
wai-rants  on  presentation.  Said  board  sliall  keep 
a  record  of  all  its  proceedings,  and  said  record 
shall  be  open  to  public  inspection.  It  shall,  at 
each  quarterly  meeting,  make  a  list  of  all  per- 
sons, if  any,  entitled  to  payment  out  of  the  funds 
provided  by  this  act,  and  enter  said  list  in  a  book 
to  be  kept  by  them  for  that  purpose,  to  be  known 
as  the  public  school  teachers'  annuity  and  retire- 
ment fund  book,  which  list  shall  be  sworn  to  as 
correct  by  the  chairman  and  the  secretary  of  said 
board,  and  which  shall  be  open  to  public  inspec- 
tion. [New  section  approved  March  29,  1897; 
Stats.  1897,  chap,  clxix.     In  effect  immediately.] 

Old  section  4  incorporated  in  section  2. 

Sec.  4.  In  addition  to  the  powers  hereinbefore 
granted  to  said  board,  it  shall  have  the  further 
power,  (1)  to  provide  for  the  payment,  out  of  the 
hereinafter  described  annuity  fund,  of  necessary 
expenses,  such  as  printing,  stationery,  and  postage 
stamps;  and  in  counties,  or  in  consolidated  cities 
and  counties,  where  the  number  of  those  subject  to 
the  burdens  of  this  act  is  greater  than  two  hun- 
dred, to  employ  a  clerk  at  a  salary  not  to  exceed 
twenty-five  dollars  per  month;  (2)  to  make  such 
needful  rules  and  regulations  for  the  transaction 
of  its  business,  from  time  to  time,  as  may  be  nee- 


Schools.  1071 

essary.  [Amendment,  approved  March  29,  1897; 
Stats.  1897,  chap,  clxix.    In  effect  immediately.] 

Old  section  5  amended  and  renumbered  4. 

Sec.  5.  Tliose  subject  to  the  burdens  of  this  act 
in  each  county,  or  in  each  consolidated  city  and 
county,  at  a  meeting  called  for  that  purpose  by 
the  superintendent  of  public  schools  of  such  coun- 
ty, or  by  the  superintendent  of  common  schools 
of  such  city  and  county,  on  the  first  Saturday  in 
May  following  the  creation  of  the  fund  hereinaf- 
ter specified,  sliall  elect  by  ballot  five  of  their  num- 
ber, who  shall  constitute  a  committee  on  retire- 
ment; the  members  of  said  committee  shall,  imme- 
diately after  their  election,  classify  themselves  by 
lot  so  that  one  shall  serve  for  one  year,  two  shall 
serve  for  two  years,  and  two  shall  serve  for  three 
years;  and  thereafter,  annually,  at  a  meeting 
called  in  the  same  manner  on  the  first  Saturday 
In  May,  the  successor  or  successors  of  the  member 
or  members  of  said  committee  whose  term  of  office 
has  expired,  shall  be  elected  for  a  term  of  three 
years;  provided,  however,  that  said  committee 
shall  always  consist  of  at  least  one  class  teacher 
from  some  primary  school,  one  from  some  gram- 
mar school,  and  one  from  some  high  school  within 
the  county,  or  consolidated  city  and  county,  when- 
ever such  election  is  possible.  [New  section  ap- 
proved March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.] 

Old  section  6  amended  and  renumbered  10. 

Sec.  6.  The  board  of  education  of  any  incorpo- 
rated city  or  town,  and  the  board  of  trustees  of 
any  school  districts  outside  of  said  city  or  town, 
shall  refer  all  applications  for  retirement  to  said 
committee  on  retirement,  or  may,  of  its  own  mo- 
tion, submit  the  name  of  any  person  or  persons, 
whom  it  desires  to  have  retired,  to  the  said  com- 
mittee on  retirement,  and  it  shall  thereupon  be 
the  duty  of  said  committee  to  investigate  the  case 
and  report  to  said  board  of  education  or  board  of 
trustees,  whether  or  not  said  teacher  should  be 
retired,  and  the  annuity  to  which  said  teacher  is 
entitled,  if  entitled  to  any.  At  least  three  mem- 
bers of  the  said  committee  must  concur  in  the  re- 
port, if  it  be  in  favor  of  granting  said  annuity. 
This  report  of  said  committee  shall  be  final.  Said 
board  of  education,   or  board  of  trustees,   shall 


1072  Schools. 

thereupon  certify  and  send  this  report  to  the  pub- 
lic school  teachers' retirement  fund  commissioners, 
who  shall  be  bound  by  its  decision.  [New  section 
approved  March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.] 

Old  section  7  amended  and  renumbered    12. 

Sec.  7.  In  addition  to  the  powers  heretofore 
granted  to  said  committee  on  retirement,  it  shall 
have  the  power  (1)  to  subpoena  and  compel  wit- 
nesses to  attend  and  testify  before  it  on  all  mat- 
ters relating  to  the  operation  of  this  act,  and  any 
member  of  said  committee  may  administer  an 
oath  or  affirmation  to  such  witness  in  the  form  pre- 
scribed in  courts  of  justice;  (2)  to  malie  such  rules 
and  regulations  for  the  transaction  oi  its  business 
as  may  from  time  to  time  be  necessary.  [New 
section  approved  March  29.  1897;  Stats.  1897,  chap, 
clxix.     In  effect  immediately.] 

Old  section  8  amended  and  renumbered  13. 

Sec.  8.  (a)  Any  teacher  who  shall  have  served 
in  the  public  schools  of  this  state  for  a  period  of 
thirty  years,  as  a  teacher  or  school  officer,  and 
who  shall  have  been  subject  to  the  burdens  im« 
posed  by  this  act  for  thirty  years,  shaii  be  entitled 
to  retire  and  to  receive  from  the  public  school 
teachers'  annuity  and  retirement  fund  the  sum  of 
thirty  dollars  ($30)  per  month  in  counties,  and 
fifty  dollars  per  month  in  consolidated  cities  and 
counties,  payable  quarterly;  and  any  teacher  who 
shall  have  become  incapacitated  for  performing 
the  duties  of  a  teacher,  and  who  shall  have  been  a 
contributor  to  the  annuity  fund  for  at  least  five 
years,  shall  be  entitled  to  retire  and  to  receive  an 
annuity  from  the  public  school  teachers'  annuity 
and  retirement  fund  equal  to  such  proportion  of 
the  maximum  annuity  granted  under  this  act,  as 
the  time  that  he  or  she  has  been  subject  to  the 
burdens  imposed  by  this  act,  bears  to  the  period 
of  thirty  years;  provided,  however,  that  any  annu- 
ity shall  be  suspended  if  its  recipient  return  to 
service  in  the  public  schools,  and  any  annuity 
less  than  two-thirds  of  the  maximum  annuity 
shall  cease  if  the  committee  on  retirement  consti- 
tuted in  section  five  of  this  act,  shall  at  any  time 
decide  that  its  recipient  has  been  restored  to  tne 
capacity  of  performing  the  duties  of  a  teacher, 
and  has  been  reimbursed  from  the  annuity  fund 


Schools,  tots 

at  least  the  full  amount  of  his  or  her  contribution 
thereto;  provided,  further,  that  such  proportion- 
ate reduction  shall  not  apply  to  those  now  employ- 
ed in  the  public  schools  who  shall  have  filed  the 
notice  hereinafter  specified  within  ninety  days 
after  the  passage  of  this  act  in  counties,  or  in 
consolidated  citips  and  counties  where  the  provi- 
sions of  the  act  to  which  this  act  is  amendatory 
are  now  applicable,  and  within  ninety  days  after 
the  establishment  of  the  fund  hereinafter  speci- 
fied in  all  other  counties,  or  consolidated  cities  and 
counties,  and  who  shall  have  paid  at  the  time  of 
their  retirement  an  amount  equal  to  what  they 
would  have  paid  into  the  fund  had  they  been  con- 
tributing thirty  years;  provided,  further,  that  if 
a  person  cease  to  teach  in  any  county,  or  city  and 
county  where  he  or  she  has  been  subject  to  the 
burdens  imposed  by  this  act,  then  after  such  per- 
son has  taught  in  the  public  schools  of  this  state 
for  thirty  years,  he  or  she  shall  be  entitled  to  re- 
tire and  to  receive  from  the  public  school  teachers' 
annuity  and  retirement  fund  of  the  county,  or 
consolidated  city  and  county  to  which  he  or  she 
has  contributed,  an  annuity  equal  to  such  propor- 
tion of  the  maximum  annuity  granted  under  this 
act,  as  the  time  that  he  or  she  has  been  subject  to 
the  burdens  imposed  by  this  act  in  such  county,  or 
city  and  county,  bears  to  the  period  of  thirty 
years;  and  provided  further,  that  if  any  teacher 
shall  be  compelled  by  reason  of  ill  health,  to  retire 
from  the  profession  of  teaching  after  the  expira- 
tion of  five  years  and  before  the  expiration  of 
thirty  (30)  years  of  service  in  the  public  schools 
of  this  state,  such  retiring  teacher,  if  a  con- 
tributor to  the  annuity  fund  at  the  time  of 
retirement,  shall  be  entitled  to  as  many  thirtieths 
(SOths)  of  the  full  annuity  as  he  or  she  has  had 
years  of  service  by  paying  into  the  annuity  fund 
the  contributions  to  that  fund  corresponding  to 
those  years  of  service  rendered  at  a  time  when  or 
in  a  place  where  it  was  impossible  to  make  such 
contributions  by  reason  of  the  nonexistence  of  an 
annuity  fund. 

(b)  Teachers  of  evening  schools  receiving  a  sal- 
ary of  fifty  dollars  or  less,  shall  be  subject  to  one- 
half  its  burdens  and  shall  be  entitled  to  one-half  of 
the  benefits  of  this  act;  provided,  that  any  teacher 


1074  Schools. 

who  is  employed  both  in  a  day  and  in  an  evening 
school  shall  be  considered  for  the  purposes  of  this 
act  to  be  emploj^ed  in  a  day  school  only.  [Amend- 
ment approved  March  29,  1897;  Stats.  1897,  chap, 
clxix.    In  effect  immediately.] 

Old  sec.  9  amended  and  renumbered  14. 

Sec.  9.  If  at  the  end  of  any  quarter  year  there 
shall  not  be  a  sufficient  amount  of  money  in  the 
"annuity  fund"  hereinafter  described,  to  pay  all 
warrants  or  demands  of  annuitants  in  full,  then 
the  money  in  that  fund  shall  be  divided  pro  rata 
among  them,  and  the  sum  received  by  each  an- 
nuitant shall  be  in  full  discharge  of  all  claims 
against  said  fund  to  that  date.  [New  section  ap- 
proved March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.] 

Sec.  10.  The  public  school  teachers'  annuity 
and  retirement  fund  herein  provided  for,  shall 
consist  of  the  following,  with  the  income  and  in- 
terest thereof:  (I)  Twelve  dollars  ($12)  per  school 
year,  of  the  salaries  paid  to  all  those  subject  to  the 
burdens  of  this  act,  in  each  county  or  consolidated 
city  and  county,  shall  be  deducted  from  the  war- 
rants for  salary,  and  paid  by  the  Treasurer  of  the 
county,  or  consolidated  city  and  county,  to  the 
public  school  teachers'  retirement  fund  commis- 
sioners of  said  county,  or  consolidated  city  and 
county;  and  it  shall  be  the  duty  of  the  secretary 
of  the  Board  of  Education  in  every  incorporated 
city  or  toAvn,  or  consolidated  city  and  county,  and 
the  secretary  of  the  board  of  trustees  of  every 
school  district  outside  of  such  city  or  town,  or 
consolidated  city  and  county,  to  note  in  each  war- 
rant the  amount  to  be  deducted  by  the  treasurer. 
(ID  All  moneys  received  from  gifts,  bequests,  and 
devises,  or  from  any  other  source.  (Ill)  All 
money,  pay,  compensation,  or  salary  forfeited,  de- 
ducted, or  withheld  from  the  warrant  or  demand 
for  salary  of  any  teacher  or  teachers  for  and  on 
account  of  absence  from  duty  from  any  cause, 
which  the  Board  of  Education  of  every  incorpo- 
rated city  or  town,  or  the  Board  of  Trustees  of 
every  school  district  outside  of  such  city  or  town, 
may  appropriate  and  set  apart  for  the  aforesaid 
fund;  and  said  Board  of  Education,  or  Boards 
of  Trustees,  are  hereby  empowered  to  appropriate 
such  moneys,  or  any  part  thereof,  for  such  fund; 


Schools.  1075 

provided,  that  in  consolidated  cities  and  counties, 
after  the  establishment  of  an  annuity  fund  there- 
in, it  is  hereby  made  the  duty  of  Boards  of  Edu- 
cation to  appropriate,  monthly,  at  least  one-half  of 
such  moneys  for  such  fund.  [Amendment  ap- 
proved March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.] 

Sec.  11.  The  public  school  teachers'  annuity 
and  retirement  fund  herein  provided  for  shall  be 
divided  into  tvs^o  distinct  funds,  or  accounts,  (1) 
the  permanent  fund,  and  (2)  the  annuity  fund. 

(1)  The  permanent  fund. 

A.  The  permanent  fund  shall  consist  of:  (I) 
Twenty-five  per  cent  of  all  contributions  from 
those  affected  by  this  Act;  (II)  Twenty-five  per 
cent  of  all  gifts,  bequests,  or  devises,  unless  other- 
wise ordered  by  the  donor  or  testator;  (III)  Twen- 
ty-five per  cent  of  all  moneys  deducted  from  the 
salary  of  teachers  because  of  absence  from  duty. 

B.  When  the  permanent  fund  shall  amount  to 
the  sum  of  fifty  thousand  dollars,  then  all  moneys 
thereafter  received  shall  go  into  the  annuity  fnnd, 
except  such  gifts,  devises,  or  bequests  as  niay 
be  specially  directed  by  its  donor  or  testator  to 
be  placed  in  the  permanent  fund. 

C.  It  shall  be  the  duty  of  the  public  schovl 
teachers'  retirement  fund  commissioners  to  invest 
the  aforesaid  permanent  fund  in  interest-bearing 
bonds  issued  by  the  federal,  state,  county,  city 
and  county,  or  municipal  governments,  and  to  ap- 
ply the  interest  thereon  as  herein  directed. 

(2)  The   annuity   fund. 

A.  The  annuity  fund  shall  consist  of:  (I)  The 
income  derived  from  the  permanent  fund;  (II)  All 
other  moneys  belonging  to  the  public  school  teach- 
ers' annuity  and  retirement  fund,  not  hereinbe- 
fore directed  to  be  placed  in  the  permanent  fund; 
(III)  All  money  in  the  fund  provided  for  in  the 
act  to  wliich  this  is  amendatory. 

B.  The  annuity  fund  shall  be  the  only  one  from 
which  annuitants  shall  be  paid. 

C.  If  at  the  end  of  any  fiscal  year  there  re- 
mains any  surplus  in  the  annuity  fund,  said  sur- 
plus shall  be  deposited  by  the  public  school  teach- 
ers' annuity  and  retirement  fund  commissioners  in 
any  savings  bank  or  savings  banlis  designated  by 


10T6  Schools. 

them.  [New  section  approved  March  29,  1897; 
Stats.  1897,  chap,  clxix.    In  effect  immediately.] 

Sec.  12.  This  act  shall  be  binding  (1)  upon 
such  public  school  teachers,  and  such  other  offi- 
cers of  the  school  department  as  possess  teachers' 
certificates,  who,  after  the  passage  of  this  act, 
shall  sign  and  deliver  to  the  public  school  teachers' 
retirement  fund  commissioners,  and  to  the  secre- 
tary of  the  Board  of  Education  of  the  incorpo- 
rated city  or  town,  or  consolidated  city  and  coun- 
ty, or  to  the  secretary  of  the  Board  of  Trustees  of 
the  school  district  in  which  they  are  employed, 
a  notice  in  substantially  the  following  form: 

189—. 

To  the  Public  School  Teachers'  Annuity  and  Re- 
tirement Fund  Commissioners,  of  Coun- 
ty (or  city  and  county): 
You  are  hereby  notified  that  I  agree  to  be  bound 
by,  and  desire  to  avail  myself  of  the  provisions  of 
the  Act  of  the  Legislature  of  the  State  of  Cali- 
fornia,   approved    ,    eighteen    hundred    and 

ninety-seven,  entitled  "An  Act  to  amend  an  Act 
approved  March  twenty-six,  eighteen  hundred  and 
ninety-five,  entitled  'An  Act  to  create  and  admin- 
ister a  public  school  teachers'  annuity  and  retire- 
ment fund  in  the  several  counties,  and  cities  and 
counties  in  the  State.'  " 


Public  School  Teacher. 
And  provided,  that  at  least  thirty  teachers  with- 
in the  county,  or  consolidated  city  and  county,  have 
filed  the  notice  hereinbefore  set  forth;  provided 
further,  that  in  all  counties,  or  in  consolidated  cit- 
ies and  counties,  when  there  is  a  less  number  of 
teachers  than  thirty,  this  Act  shall  be  binding  on 
all  those  who  signify  their  intention  of  being 
bound  thereby. 

(2)  In  consolidated  cities  and  counties  it  shall 
be  binding  upon  all  teachers  elected  or  appointed 
to  teach  in  the  public  schools  of  such  consolidated 
cities  and  counties  after  the  passage  of  this  Act. 

(3)  Annuities  heretofore  granted  under  the  pro- 
visions of  the  act  of  which  this  act  is  amenda- 
tory shall  be  continued  for  the  same  amount  as 
heretofore  paid,  subject,  however,  to  the  condi- 
tions imposed  by  sections  nine  (9)  and  eleven  (11) 


Schools.  ^ 

of  this  act.  [Amendment  approved  M 
1897;  Stats.  1897,  chap,  clxix.  In  effect 
ately.] 

Sec.  18.  All  acts  or  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. [Amendment  approved  March  29,  1897; 
Stats.  1897,  chap,  clxix.    In  effect  immediately.] 

Sec.  14.  This  Act  shall  take  effect  and  be  in 
force  from  and  after  its  passage.  [Amendment 
approved  March  29,  1897;  Stats.  1897,  chap,  clxix. 
In  effect  immediately.! 


An  Act  to  provide  for  the  disposal  of  moneys  re- 
maining in  the  building  fund  of  any  school  dis- 
trict, after  all  bonds  and  indebtedness  shall 
have  been  paid  and  liquidated,  arising  from 
the  construction  of  school  buildings. 

[Approved  March  13,  1883;  1883,  298.] 
Section  1.  All  moneys  that  have  been  or  shall 
be  raised  by  special  tax,  for  the  purpose  of  erect- 
ing school  buildings,  that  shall  *  remain  in  the 
hands  of  the  county  treasurer,  after  all  bonds  that 
have  been  or  may  be  issued  on  account  of  such 
buildings  shall  have  been  redeemed,  and  all  other 
indebtedness  arising  on  account  of  such  building 
shall  have  been  liquidated,  shall  be  placed  in  the 
county  school  fund  of  the  school  district  for  which 
such  moneys  were  raised,  subject  to  the  order  of 
the  trustees  of  said  district. 


An  Act  to  enforce  the  educational  rights  of  child- 
ren. 

[Approved  March  28,  1874;  1873-4,  751.] 

Children  to  be  sent  to  school. 

Section  1.  Every  parent,  guardian,  or  other  per- 
son in  the  state  of  California  having  control  and 
charge  of  any  child  or  children  between  the  ages 
of  eight  and  fourteen  years  shall  be  required  to 
send  any  such  child  or  children  to  a  public  school 
for  a  period  of  at  least  two-thirds  of  the  time  dur- 
ing which  a  public  school  shall  be  taught  in  each 
city,  or  city  and  county,  or  school  district,  in  each 


1078  Schools. 

scliool  year,  commencing  on  the  first  day  of  July, 
in  the  year  of  our  Lord  eighteen  hundred  and  sev- 
enty-four, at  least  twelve  weeks  of  which  shall 
be  consecutive,  unless  such  child  or  children  are 
excused  from  such  attendance  by  the  board  of 
education  of  the  city,  or  city  and  county,  or  of 
the  trustees  of  the  school  district  in  which  such 
parents,  guardians,  or  other  persons  reside,  upon 
its  being"  shown  to  their  satisfaction  that  his  or 
her  bodily  or  mental  condition  has  been  such  as  to 
prevent  attendance  at  school,  or  application  to 
study  for  the  period  required,  or  that  the  parents 
or  guardians  are  extremely  poor  or  sick,  or  that 
such  child  or  children  are  taught  in  a  private 
school,  or  at  home,  in  such  branches  as  are  usu- 
ally taught  in  the  primary  schools  of  this  state, 
or  have  already  acquired  a  good  knowledge  of 
such  branches;  provided,  in  case  a  public  school 
shall  not  be  taught  for  three  months  during  the 
year,  within  one  mile  by  the  nearest  traveled  road 
of  the  residence  of  any  person  within  the  school 
district,  he  shall  not  be  liable  to  tne  provisions  of 
this  act. 
Notice  of  law. 

Sec,  2.  It  shall  be  the  duty  of  the  president 
of  each  board  of  education,  and  of  the  clerk  of 
each  board  of  district  trustees,  in  the  state  of  Cal- 
ifornia, to  cause  to  be  posted  three  notices  of  this 
law  in  the  most  public  places  in  the  city,  or  city 
and  county,  or  in  the  school  district,  or  published 
in  one  newspaper  therein  for  three  weeks,  in  the 
montli  of  June  in  each  year,  the  expense  of  each 
publication  to  be  paid  out  of  the  school  funds  of 
such  city,  or  city  and  county,  or  school  district,  as 
tlie  case  may  require. 
Misdemeanor. 

Sec.  3.  In  case  any  parent,  guardian,  or  other 
person  shall  fail  to  comply  vrith  the  provisions  of 
this  act,  said  parent,  guardian,  or  other  person 
shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  liable  to  a  fine  of  not  more  than  twenty 
dollars;  and  for  the  second  and  each  subsequent  of- 
fense the  fine  shall  not  be  less  than  twenty  dollars 
nor  more  than  fifty  dollars;  and  the  parent,  guard- 
ian, or  other  person  so  convicted  shall  pay  all 
costs.  Each  such  fine  shall  be  paid  to  the  clerk  of 
the  proper  board  of  education,  or  of  the  district 
trustees. 


Schools.  1079 

Prosecutions. 

Sec.  4.  And  it  sliall  be  ttie  duty  of  tlie  clerls  of 
eacti  board  of  education  and  of  each  board  of  dis- 
trict trustees,  on  complaint  of  any  teacher  or  tax- 
payer, to  prosecute  all  offenses  occurring  under 
the  provisions  of  this  act;  and  any  clerk  neglect- 
ing to  prosecute  such  offense  within  ten  days  after 
a  written  notice  has  been  served  on  him  by  any 
teacher  or  taxpayer  within  the  limits  of  the  au- 
thority of  said  board,  unless  the  person  so  com- 
plained of  shall  be  excused  by  the  proper  school 
board,  shall  himself  be  liable  to  a  fine  of  not  less 
than  twenty  dollars  nor  more  than  fifty  dollars, 
which  fine  shall  be  prosecuted  for  in  the  name  of 
the  people  of  the  state  of  California,  and  the  fine 
so  collected  shall  be  paid  over  to  the  clerk  of  the 
board  of  education  or  trustees  of  the  proper  city, 
or  city  and  county,  or  school  district,  to  be  ac- 
counted for  as  in  section  three  of  this  act;  and  in 
case  such  prosecution  fail,  the  expenses  thereof 
shall  be  paid  out  of  the  school  fund  of  the  city,  or 
city  and  county,  or  school  district,  in  which  the 
case  arose. 
Lists  and  reports. 

Sec.  5.  And  it  shall  be  the  duty  of  the  census 
marshal  to  furnish  each  board  of  education  and 
of  district  trustees  with  a  complete  list  of  all  chil- 
dren living  within  the  jurisdiction  of  said  board, 
and  to  note  on  such  lists  all  children  not  attend- 
ing colleges,  college  schools,  private  schools,  or  be- 
ing taught  at  home,  who  are  liable  to  the  provis- 
ions of  this  act;  and  each  teacher  teaching  within 
the  limits  of  the  jurisdiction  or  such  board  shall 
be  supplied  with  a  list  of  all  children  within  his 
or  her  department  or  school,  and  shall  call  such 
list  each  morning  on  the  opening  of  school,  and 
note  the  absentees,  and  the  reason  of  such  ab- 
sence, if  any,  and  at  the  close  of  each  term  of 
twelve  weeks  shall  make  a  full  report  to  the  board 
of  education,  or  of  district  trustees,  of  all  such 
cases  of  absence,  with  the  names  both  of  children 
and  parents,  guardians,  or  other  persons  having 
such  children  in  charge,  and  said  board  shall 
thereupon  forthwith  proceed  to  prosecute  such 
parents,  guardians,  or  other  persons,  according  to 
the  provisions  of  this  act. 


lOSO  Schools. 

Deaf,  dumb,  and  blind. 

Sec.  6.  And  whereas,  the  state  has  provided  an 
institution  for  the  gratuitous  instruction  of  all 
resident  deaf  and  dumb  or  blind  children  between 
the  ages  of  six  and  twenty-one  years,  every  parent 
or  guardian  of  any  child  or  children  afflicted  with 
deafness  or  blindness  shall  be  required,  under  the 
penalties  hereinbefore  specified,  to  send  such  child 
or  children  to  said  institution  for  a  period  of  not 
less  than  five  years,  unless  such  child  or  children 
shall  have  been  excused  by  the  authorities,  and 
on  the  grounds  specified  in  section  one  of  this  act. 
Jurisdiction. 

Sec.  7.  Any  justice  of  the  peace  of  the  proper 
city,  or  city  and  county,  or  school  district,  shall 
have  jurisdiction  of  all  offenses  committed  under 
the  provisions  of  this  act. 

Sec.  8.  This  act  shall  be  in  force  and  effect 
from  and  after  the  first  day  of  July,  1874. 


An  act  to  prevent  discrimination  against  female 
teachers. 
[Approved  March  30,  1874;  1873-4,  938.] 
Female  teachers  to  receive  same  compensation  as 
males. 
Section  1.    Females  employed  as  teachers  in  the 
public  schools  of  this  state  shall  in  all  cases  re- 
ceive the  same  compensation  as  is  allowed  male 
teachers  for  like  services  when  holding  the  same 
grade  certificates. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  to  continue  in  force  school  teachers'  certif- 
icates, state  educational  diplomas,  and  life  di- 
plomas. 
[Approved  February  5,  1880;  1880,  4  (Ban.  ed.  4).] 
Certificates  and  diplomas  continued  in  force. 

Section  1.  All  teachers'  city,  city  and  county, 
county,  and  state  certificates,  state  educational 
diplomas,  life  diplomas,  and  all  other  teachers' 
certificates  and  diplomas  issued  in  the  state  of 
California,  under  and  in  pursuance  of  the  laws 
thereof,  on  or  before  the  thirty-first  day  of  De- 


School  Lands.  1081 

cember,  A.  D.  eighteen  hundred  and  seventy-nine, 
shall  be  and  the  same  are  hereby  continued  in  full 
force  and  effect,  and  shall  be  deemed  valid  for  all 
purposes  and  to  the  full  extent  of  time  that  the 
same  were  and  were  intended  respectively  to  be 
under  the  said  laws,  on  and  before  the  said  thirty- 
first  day  of  December,  A.  D.  eighteen  hundred  and 
seventy-nine. 

Sec.  2.    This  act  shall  take  effect  from  and  after 
its  passage. 


An  act  to  continue  in  operation  the  public  schools 

of  this  state. 
[Approved  March  6,  1880;  1880,  7  (Ban.  ed.  14).] 
Issuance  of  temporary  certificate. 

Section  1.  The  county  superintendent  of  schools 
of  each  and  every  county  in  this  state  is  hereby 
empowered  to  issue  a  temporary  certificate  to  any 
teacher  whose  certificate  has  expired,  or  shall  ex- 
pire between  the  first  day  of  January,  eighteen 
hundred  and  eighty,  and  the  first  day  of  June, 
eighteen  hundred  and  eighty.  The  certificate  so 
granted  shall  be  of  the  same  grade  as  the  one  in 
place  of  which  it  is  issued,  and  shall  be  valid  only 
until  the  first  meeting  of  the  board  which  shall  be 
competent  to  issue  teachers'  certificates. 

Sec.  2.    This  act  shall  talie  effect  immediately. 

An  act  to  protect  the  school  districts  of  this  state 
from  injury  during  the  year  eighteen  hundred 
and  eighty,  by  the  operation  of  section  twelve 
of  article  thirteen  of  the  constitution. 

[Approved  April  15,  1880;  1880,  75  (Ban.  ed.  261).] 

This  act  declared  that  school  districts  should  not 
forfeit  their  school  funds  prior  to  June  30,  1880,  by 
reason  of  any  change  in  the  mode  of  payment  of 
the  funds,  and  provided  for  the  payment  of  teach- 
ers' salaries  until  June  30,  1880. 


SCHOOL  LANDS. 

See  State  Lands. 
Gen.  Laws— 91. 


1082  Seduction— Settlers. 

TITLE  247. 
SEDUCTION. 

Acts  relating:  to:  See  Penal  Code,  Appendix,  ti- 
tle "Seduction,"  p.  653. 


TITLE  248. 

SETTLERS. 

An  act  for  the  protection   of     pre-emption   and 
homestead  claimants. 

[Approved  March  23,  1874;  1873-4,  543.] 
Title  of  pre-emption  claimants. 

Section  1.  Every  qualified  pre-emption  claim- 
ant under  the  pre-emption  laws  of  the  United 
States,  residing  on  public  lands  of  the  United 
States  within  this  state,  who  shall  have  filed  his 
declaratory  statement  in  accordance  with  said 
pre-emption  laws,  shall,  from  the  time  of  said  fil- 
ing be  deemed  to  have  title  to  and  to  be  in  pos- 
session of  all  the  land  described  in  such  declara- 
tory statement  as  against  trespassers  and  all  per- 
sons having  no  superior  right  or  title  to  the  same, 
as  long  as  he  shall  continue  to  reside  thereon,  and 
to  comply  in  good  faith  with  said  pre-emption 
laws. 
Title  of  homestead  claimants. 

Sec.  2.  Every  qualified  homestead  claimant  un- 
der the  homestead  laws  of  the  United  States,  re- 
siding on  public  land  of  the  United  States  within 
this  state,  who  shall  have  made  his  original  home- 
stead entiT  iu  accordance  with  said  laws,  shall 
from  the  date  of  such  entry,  be  deemed  to  have 
title  to  and  to  be  in  possession  of  all  the  land 
described  in  such  entry,  as  against  trespassers  and 
all  persons  liaving  no  superior  right  or  title  to  the 
same,  as  long  as  he  shall  continue  to  reside  there- 
on, and  to  comply  in  good  faith  with  said  home- 
stead laws. 
Construction   of   act. 

Sec.  3.    Nothing  in  this  act  shall  be  construed 


Sewers.  1083 

to  either  restrict  or  enlarge  the  right  of  bona  fide 
miners  to  mine  for  precious  metals  on  the  pub- 
lic domain,  or  to  change  any  general  or  special 
laws  of  this  state  concerning  the  grazing  of  ani- 
mals on  lands  not  fenced. 

Sec.  4.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

In  regard  to  settlers  upon  public  lands  of  the 
state,  see  the  Political  Code,  and  particularly  sec- 
tions 3443  and  3497. 


TITLE  249. 
SEWERS. 

See  Streets. 

An  act  to  confer  power  upon  supervisors,  or  other 
governing  body  of  counties,  and  cities  and 
counties,  to  extend  and  complete  all  main  in- 
tercepting sewers  heretofore  partially  con- 
structed. 

[In  effect  March  14,  1881;  Stats.  1881,  76.] 

Section  1.  The  board  of  supervisors,  or  other 
governing  body  of  any  county,  or  city  and  county, 
in  this  state,  shall  have  power,  and  it  shall  be  the 
duty  of  said  board  of  supervisors,  or  other  govern- 
ing body,  whenever  they  deem  it  necessary  to  pro- 
mote the  sanitary  condition  of  such  city  and 
county,  to  complete  all  main  intercepting  sewers 
heretofore  constructed,  or  partially  constructed,  at 
the  expense  of  such  county,  or  city  and  county, 
also  to  extend  the  same  to  a  suitable  and  proper 
outlet,  deemed  necessary  for  the  protection  of  life 
and  property  in  the  judgment  of  said  board  of  su- 
pervisors, or  other  governing  body,  the  expense 
thereof  and  consequent  thereto  to  be  chargeable 
to  and  to  be  paid  out  of  the  general  fund  of  the 
treasury  of  such  county,  or  city  and  county,  not  to 
exceed  the  sum  of  ninety  thousand  dollars. 

An  Act  providing  for  tlie  establishment  and  main- 
tenance of  sewer  districts  adjacent  to  muni- 
cipal corporations.     [Stats.  1899,  ch.  66.] 


1084  Shasta— Silk  Culture. 

TITLE  250. 
SHASTA  COUNTY. 

A  reference  to  local  acts  relating  to  Shasta  coun- 
ty is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  692,  693. 


TITLE  25 L 

SHEEP. 

See  Goats. 

A  collection  of  the  acts  relating  to  Sheep  is  con- 
tained in  Deering's  Penal  Code,  pp.  693-698. 


TITLE  252. 

SHERIFFS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle, Sheriffs,  p.  654;  Political  Code,  Appendix,  ti- 
tle, Sheriffs,  p.  1060. 


TITLE  253. 

SIERRA  COUNTY. 

A  reference  to  local  acts  relating  to  Sierra 
county  is  contained  in  Deering's  Annotated  Penal 
Code.  pp.  698,  699. 


TITLE  254. 

SILK  CULTURE. 

Consult  the  following  acts: 

An  act  to  establish  a  state  board  of  silk  culture, 
and  to  provide  moneys  for  the  expenses  thereof. 
[Approved  March  15,  1883;  1883,  369.] 


Siskiyou— Soldiers  and  Sailors.  1085 

An  act  to  establish  a  state  board  of  silk  culture, 
and  to  provide  moneys  for  the  expenses  tliereof. 
[Approved  March  18,  1885;  1885,  216. J 


TITLE  355. 

SISKIYOU   COUNTY. 

A  reference  to  the  local  acts  relating  to  Sien.'a 
county  can  be  found  in  Deering's  Annotated  Pe- 
nal Code,  pp.  702  and  703. 


TITLE  256. 

SOLANO  COUNTY. 

A  reference  to  the  local  acts  relating  to  Solano 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  703-707. 

An  act  to  locate  the  county  seat  of  Solano  county. 
[Approved  March  28,  1874;  1873-4,  783.] 

STATE  CAPITOL. 

Many  acts  relating  to  the  state  capitol  have  been 
passed,  but  they  are  not  inserted,  as  they  refer 
mainly  to  the  improvement  of  the  grounds  and 
building. 

Act  to  prevent  sale  of  liquor  at:  See  Penal 
Code,  Appendix,  p.  581. 


TITLE  257. 
SOLDIERS  AND  SAILORS. 

Consult  the  following  acts: 

An  act  to  recognize     the    veterans'     home    at 
Yountville  as  a  state  home  for  the  maintenance 


1086         Sonoma— Squirrels   and   Gophers. 

of  disabled  soldiers  and  sailors  of  the  United 
States,  and  to  designate  an  officer  to  receive 
moneys  appropriated  by  the  United  States  on  ac- 
count of  said  home.  [Approved  March  19,  1889; 
1889,  418.] 

An  act  to  provide  for  the  building  and  furnish- 
ing of  the  home  for  soldiers'  widows  and  orphans 
and  army  nurses,  and  for  the  state  to  inquire  into 
the  management  of  such  institution  by  a  uniform 
rule  proportioned  to  the  number  of  inmates  in 
said  institution,  for  the  management  of  the  same, 
and  for  the  support  of  indigent  persons  residing  in 
the  said  home.  [Approved  March  16,  1889;  1889, 
206.] 

And  the  amendment  of  this  act  approved  March 
31,  1891;  Stats.  1891,  p.  428. 

An  act  entitled  "An  act  to  prevent  persons  from 
unlawfully  using  or  wearing  the  badge  of  the 
Grand  Army  of  the  Republic  of  this  state." 
[Approved  March  10,  1887;  1887,  82.] 

An  act  to  provide  for  the  burial  of  ex-Union 
soldiers,  sailors,  and  marines,  in  this  state,  who 
may  hereafter  die  without  leaving  sufficient 
means  to  defray  funeral  expenses.  [Approved 
March,  15,  1889;  1889,  198.] 


TITLE  258. 
SONOMA  COUNTY. 

A  reference  to  the  local  acts  relating  to  Sonoma 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  705-707. 


TITLE  259. 
SQUIRRELS  AND  GOPHERS. 

There  are  in  force  in  a  few  of  the  counties  spe- 
cial and  local  acts  designed  for  the  destruction  of 
squirrels  and  gophers.  These  may  be  found  by 
referring  to  Deering's  Annotated  Penal  Code,  pp. 
707-708. 


StallioDS— state.  1087 

TITLE  260. 
STALLIONS. 

The  Political  Code,  sec.  19,  in  continuing  in 
force  all  acts  in  relation  to  lawful  fences,  estrays, 
and  the  trespassing  of  animals  upon  private  prop- 
erty, seems  to  have  continued  in  force  the  acts 
concerning   stallions: 

These  acts  are  collected  in  Deering's  Annotated 
Penal  Code,  pp.  708-710. 


TITLE  261. 
STAMPS. 

An  act  to  provide  for  the  redemption  of  unused 
and  uncanceled  stamps  of  the  state  of  California, 
heretofore  sold.  [Approved  April  1,  1876;  1875-6, 
727.] 

This  special  act  provides  for  the  appropriation 
of  ten  thousand  five  hundred  and  forty-five  dollars 
and  forty-one  cents  with  which  to  redeem  unused 
and  uncanceled  state  stamps  issued  under  an  act 
to  provide  revenue  for  the  government  of  this 
state,  approved  March  9,  1861.  It  is  not  deemed  of 
sufficient  importance  to  give  in  full  or  do  more 
than  refer  to  it. 


TITLE  262. 

STANISLAUS  COUNTY. 

A  reference  to  local  acts  relating  to  Stanislaus 
county  is  contained  m  Deering's  Annotated  Penal 
Code,  pp.  710,  711. 

TITLE  263. 

STATE. 

Acts  relating  to:  See  Code  of  Civil  Procedure, 
Appendix,  title,  State,  p.  868  et  seq.;  Political 
Code.  p.  1061.  i 


1088  State  Analyst— State  Lands. 

TITLE  264. 

STATE  ANALYST. 

Acts  relating  to:  See  Political  Code,  Appendix^ 
title,  State  Analyst,  p.  1062. 


TITLE  265. 
STATE  CAPITOL. 

Act  prohibiting  sale  of  liquor  approved  April 
16,  1880;  Stats.  1880,  p.  80,  Ban.  ed.  273.  Many 
acts  have  been  passed  relating  to  State  Cap- 
itol, but  as  they  pi'iucipally  were  appropriation 
bills  for  the  improvement  of  the  building  or 
grounds,  they  have  not  been  incorporated  here- 
in. A  constitutional  amendment  to  remove  the 
state  capitol  from  Sacramento  to  San  Jose  was 
passed  in  1893:  Statutes  1893,  p.  657,  but  was  held 
invalid  in  Livermore  v.  Waite,  102  Cal.  113.  Con- 
sult Deering's  Annotated  Penal  Code,  pp.  690  and 
691. 


TITLE  266. 

STATE  LANDS. 

An  act  providing  for  the  presentation  and  cancel- 
lation of  unlocated  school  land  warrants  of  the 
state  of  California,  issued  under  the  act  of  the 
state  of  California,  approved  May  3,  1852,  pro- 
viding for  the  disposal  of  the  five  hundred 
thousand  acres  of  land  donated  to  the  state  of 
California  by  the  government  of  the  United 
States,  and  authorizing  the  controller  of  this 
state  to  draw  his  warrant  on  the  state  treas- 
urer for  the  sum  of  two  dollars  per  acre,  in 
favor  of  any  bona  fide  owner  and  holder  of  any 
such  land  warrant,  for  every  acre  represented 
by  any  such  land  warrant. 
[Approved  March  23,  1893;  Stats.  1898,  p.  181.] 


state  Lands.  1089 


An  act  to  provide  for  the  applications  for  pur- 
chase of  sixteenth  and  thirty-sixth  sections, 
and  to  regulate  the  application  for  purchase  of 
such  sections,  and  requiring  a  deposit  to  ac- 
company all  applications  for  the  purchase  of 
the  same. 

[Approved  March  20,  1889;  1889,  434.] 

Purchase  of  sixteenth  and  thirty-sixth  sections. 

Section  1.  Every  application  to  purchase  any 
portion  of  the  sixteenth  and  thirty-sixth  sections 
shall  be  accompanied  by  a  deposit  of  twenty  dol- 
lars, in  addition  to  tlie  fee  for  filing  now  required 
by  law,  for  which  the  surveyor  general  shall  give 
the  applicant  a  receipt,  which  receipt  shall  be  ac- 
cepted by  the  county  treasurer  in  part  payment  of 
the  purchase  price  of  said  land.  If  the  applicant 
shall  abandon  or  forfeit  his  said  application,  or 
shall  fail  to  make  proper  proof  as  to  the  charac- 
ter of  the  said  land,  or  as  to  his  residence  thereon, 
within  the  time  allowed  by  law,  or  if  his  applica- 
tion shall  be  rejected  by  reason  of  any  false  state- 
ment in  the  affidavit  herein  contained,  the  twenty 
dollars  thus  paid  shall  go  to  the  state  school  fund. 
If  it  is  found  that  the  surveyor  general  erred  in 
receiving  the  application,  or  that  the  state  cannot 
make  a  good  title  to  the  land,  then  the  applicant 
or  his  assigns  may  surrender  to  the  surveyor  gen- 
eral the  said  receipt,  and  receive  in  exchange 
therefor  a  certificate  showing  the  amount  so  paid, 
and  the  reason  why  the  application  could  not  be 
approved  or  perfected,  and  the  controller,  upon 
the  surrender  to  him  of  the  said  surveyor  gen- 
eral's certificate,  shall  issue  to  the  applicant,  or 
his  assigns,  a  warrant  for  the  said  amount. 

Filings. 

Sec.  2.  Any  number  of  filings  on  any  section  of 
land  is  hereby  permitted  and  allowed  under  the 
provisions  of  this  act.  Should  the  first  filing  be 
abandoned  by  the  applicant,  the  next  filing  on 
such  section,  in  order,  shall  have  the  same  right 
as  if  it  had  been  the  first  filing. 
Moneys  to  go  to  school  land  deposit  fund. 

Sec.  3.  The  moneys  received  by  the  surveyor 
general  under  the  provisions  of  this  act,  except 


1090  State  Lands. 

the  moneys  forfeited  under  section  one,  shall  be 
paid  to  the  state  treasurer  at  the  close  of  each 
month,  and  must  be  placed  in  a  fund,  to  be  call- 
ed school  land  deposit  fund,  to  the  credit  of  the 
county  in  which  the  lands  applied  for  are  situated. 
When  any  moneys  are  placed  in  the  school  deposit 
fund  to  the  credit  of  a  county,  the  controller,  at 
the  next  settlement  with  the  controller  by  the. 
treasurer  of  such  county,  must  draw  his  warrant 
upon  the  state  treasurer  for  the  amount  in  the 
fund  to  the  credit  of  the  county:  provided,  that 
the  direction  herein  to  the  controller  is  exempted 
from  the  operations  of  section  six  hundred  and 
seventy-two  of  the  Political  Code. 


An  act  respecting  the  payment  in  full  by  holders 
of  certificates  of  purchase  for  lands  sold  by 
the  state  of  California  prior  to  March  27,  1872, 
and  for  which  the  said  state  has  at  any  time 
heretofore  issued  certificates  of  purchase  to 
subsequent  purchasers. 

[Approved  March  20,  1889;  1889,  428.] 

When  holders  of  certificates  of  purchase  of  state 
lands  deemed  to  have  forfeited  their  rights 
therein. 
Section.  1.  Whenever  application  has  been 
made  to  purchase  lands  from  this  state,  and  pay- 
ment only  in  part  has  been  made  to  the  treasurer 
of  the  proper  county  for  the  same,  and  a  certificate 
of  purchase  has  been  issued  to  the  applicant  prior 
to  the  twenty-seventh  day  of  March,  eighteen 
hundred  and  seventy-two,  and  whenever  such  ap- 
plicant, his  assignee  or  assignees,  shall  have  failed 
for  five  years  to  pay  to  the  state  the  arrears  of 
principal  or  of  interest  due  to  the  state  for  said 
land,  and  the  state  shall  at  any  time  heretofore 
have  issued  a  certificate  of  purchase  for  the  same 
land,  or  any  part  thereof,  to  a  subsequent  pur- 
chaser, then,  unless  the  holder  or  holders  of  such 
prior  certificate  shall  pay  the  entire  residue  of  the 
interest  remaining  unpaid  for  such  purchase  with- 
in six  months  from  and  after  the  passage  of  this 
act,  such  holder  or  holders  shall  be  deemed  to 
have  lost  all  right  to  the  land  descrioed  in  said  cer 
tificate,  or  to  complete  the  purchase  of  such  land, 


state  Lands.  1091 

and  all  moneys  heretofore  paid  to  the  state  of  Cal- 
ifornia on  such  purchase  shall  be  deemed  and 
taken  to  be  forfeited  to  the  state.  Nothing  herein 
contained,  however,  shall  be  deemed  or  taken  to 
give  to  or  confer  upon  the  holder  or  holders  of 
such  prior  certificates,  or  any  of  them,  as  against 
the  state  of  California,  or  any  subsequent  pur- 
chasers therefrom,  or  against  the  holders  of  sub- 
sequent certificates  of  purchase,  any  other  or 
greater  right  to  the  lands  herein  referred  to  than 
is  now  held  by  the  holder  or  holders  of  such  prior 
certificates,  or  to  confer  upon  sucli  holder  or  hold- 
ers any  new  right,  or  to  affect  or  impair  the  rights 
of  such  subsequent  purchasers  or  their  assigns. 
Previous  part  payment  confers  no  special  rights- 
Does  not  apply. 

Sec.  2.  The  mere  fact  oi  previous  part  payment 
shall  not  of  itself  confer  on  such  prior  purchaser 
or  his  assigns  any  right  to  complete  the  purchase, 
if  he  or  they  be  not  otherwise  entitled  so  to  do,  as 
against  the  state,  and  a  subsequent  purchaser  or 
his  assigns;  provided,  that  this  act  shall  not  ap- 
ply to  any  action  now  pending  commenced  within 
five  years. 

Sec.  3.  This  act  shall  take  effect  from  and  after 
the  date  of  its  passage. 


In  addition  consult  the  following  acts: 

An  act  ceding  to  the  United  States  of  America 
jurisdiction  over  all  lands  within  this  state  which 
have  been  or  may  hereafter  be  acquired  by  the 
United  States  for  military  purposes,  [Stats,  ap- 
proved March  2,  1897;  Stats.  1897,  chap.  Ivi.] 


An  act  ceding  to  the  United  States  of  America 
jurisdiction  over  lands  in  this  state  ceded  to  the 
United  States.  [Approved  March  31,  1891;  Stats. 
1891,  p.  262.] 

An  act  relinquishing  to  the  United  States  of 
America  the  title  of  this  state  to  certain  lands. 
[Stat,  approved  March  9,  1897;  Stats.  1897,  chap. 
Ixxxi.] 


1092  State    Printer. 

An  act  to  authorize  the  jfovernor  and  suveryor- 
general  to  sell  and  convey  the  state's  interest  in 
certain  lands.  [Approved  March  31,  1891;  Stats. 
1891,  p.  251.] 

An  act  to  legalize  applications  heretofore  made  for 
the  purchase  of  lands  belonging  to  this  state, 
and  to  coufirm  the  title  of  the  purchasers  un- 
der such  applications. 
[Approved  March  27,  1872;  1871-2,  622.] 

An  act  for  the  relief  of  purchasers  of  state  lands. 

[Approved  March  27,  1872;  1871-2,  587;  Amended 

April  1,  1875;  1877-8,  914.] 

An  act  entitled  "An  act  to  enable  purchasers  of 
state  lands  to  redeem  the  same,  where  their  ti- 
tles have  been  or  may  hereafter  be  foreclosed 
for  non-payment  of  interest." 
[Approved  March  7,  1881;  Stats.  1881,  65.] 

An  act  to  provide  for  an  examination  into     the 

sale  and  disposal  of  state  lands. 

[Approved  April  1,  1876;  1875-6,  798.] 

An  act  to  protect  bona  fide  settlers  upon  public 

lands. 

[Approved  March  23,  1874;  1873-4,  543.] 

An  act  to  reserve  from  sale  the  north  half  of  sec- 
tion sixteen  in  township  seven  south  and  range 
three  east,  Monte  Diablo  meridian. 

[Approved  April  1,  1876;  1875-6,  679.] 

An  act  for  the  protection  of  settlers  on  public 
lands  claimed  by  the  state. 

[Approved  March  10,  1874;  1873-4,  327.] 


TITLE  267. 

STATE  PRINTER. 

Acts  relating  to:  See  Political  Code,  Appeedix, 
title,  State  Printer,  p.  1064. 


state  Prisons— Stockton.  1093 

TITLE  '2m. 

STATE  PRISONS. 

Acts  relating  to:  Se€  Penal  Code,  Appendix,  ti- 
tle, State  Prisons,  p.  654. 

TITLE  269. 

STATUTE  OF  LIMITATIONS. 

Acts  relating  to:  See  Code  of  Civil  Procedure, 
Appendix,  title.  Statute  of  Limitations,  p.  874  et 
seq. 


TITLE  270. 
STEVENSON,  ACT  FOR  RELIEF  OF. 

An  act  for  the  relief  of  Colonel  Jonathan  D. 
Stevenson,  and  to  appropriate  money  therefor. 
[Approved  March  31,  1891;  Stats.  1891,  p.  260.] 

The  act  appropriated  $125  a  month  for  twenty- 
one  months  for  the  purpose  indicated. 

TITLE  271. 
STOCKTON. 

An  act  to  provide  for  the  construction  and  main- 
tenance of  an  open  canal  from  and  along  North 
street,  in  the  city  of  Stoclvton,  county  of  San  Joa- 
quin, state  of  California,  to  the  San  Joaquin 
river,  for  sanitary  and  drainage  purposes,  and  to 
appropriate  money  therefor.  [Approved  March 
12,  1887;  1887.  109.] 

The  act  authorized  the  directors  of  the  Insane 
Asylum  to  construct  the  above  canal. 
Gen.  Laws— 92. 


1094  Streets. 

TITLE  272. 

STREETS. 

An  act  to  provide  for  the  planting,  maintenance, 
and  care  of  shade  trees  upon  streets,  lanes, 
alleys,  courts,  and  places  within  municipali- 
ties, and  of  hedges  upon  the  lines  thereof; 
also,  for  the  eradication  of  certain  weeds  with- 
in city  limits. 

[Approved  March  11,  1893;  Stats.  1893,  p.  153.] 

Section  1.  All  streets,  lanes,  alleys,  places,  or 
courts  in  the  municipalities  of  this  state  now  open 
or  dedicated,  or  which  may  hereafter  be  opened  or 
dedicated,  to  public  use,  whose  grade  has  been 
officially  established,  and  which  have  been  actual- 
ly graded  in  conformity  therewith,  may  be  plant- 
ed with  shade  trees,  along  the  edges  of  the  side- 
walks thereof,  by  order  of  the  city  council,  which 
shall  have  power,  also,  to  provide  for  the  main- 
tenance and  care  of  the  same:  and  the  city  coun- 
cil shall  have  power  to  prescribe  the  height,  thick- 
ness, and  manner  of  trimming  of  all  hedges  set 
out,  or  that  shall  be  hereafter  set  out,  along  the 
line  of  any  street,  lane,  alley,  place,  or  court  ded- 
icated to  public  use,  whether  graded  or  not,  and 
to  compel  compliance  with  its  ordinances  in  the 
premises  by  the  owners  or  occupants  of  the  lots 
fronting  thereon.  The  powers  hereby  conferred 
upon  city  councils  shall  be  exercised  in  the  man- 
ner and  under  the  proceedings  hereinafter  de- 
scribed. 

Sec.  2.  The  city  council  of  any  municipality  in 
the  state  may,  at  its  discretion,  pass  a  resolution 
of  intention  to  plant,  or  cause  to  be  planted,  with 
shade  trees,  any  graded  sti'eet,  lane,  alley,  place, 
or  court  within  the  limits  of  such  municipality. 
Such  resolution  of  intention  may  embrace  the 
entire  length  of  any  street,  lane,  a'lley,  place,  or 
court,  or  any  portion  thereof,  but  must  specify  the 
kind  of  trees  to  be  planted,  their  size,  age  and 
their  distance  apart.  The  street  superintendent 
shall  thereupon  cause  to  be  conspicuously  posted 
along  both  sides  of  the  street  mentioneil  in  the 
resolution   at  not  more  tlian  three  hundred  feet 


streets.  1095 

in  distance  apart,  notices  of  the  passage  of  said 
resolution.  Said  notice  shall  be  headed  "Notice  to 
Plant  Shade  Trees,"  in  letters  not  less  than  one 
inch  in  length,  and  shall,  in  legible  characters,  set 
forth  the  language  of  the  resolution  and  the  date 
of  its  passage.  The  city  clerk  shall  also  cause  a 
copy  of  the  resolution  to  be  published  for  six  days 
in  one  or  more  daily  newspapers  published  and  cir- 
culated in  said  city,  and  designated  by  said  city 
council. 

Sec.  3.  The  owners  of  a  majority  of  the  front- 
age of  the  property  on  both  sides  of  the  street  pro- 
posed to  be  planted  as  aforesaid  may,  within  ten 
days  after  the  expiration  of  the  time  of  publica- 
tion of  said  resolution,  file  their  written  statement 
of  objections  to  the  proposed  work  with  the  city 
clerk,  which  must  be  signed  by  the  objectors, 
each  one  writing  after  his  or  her  name  the  num- 
ber of  feet  frontage  owned  by  him  or  her.  Such 
objection  must  show  wherein  the  parties  making 
them  will  be  injured  or  aggrieved  by  the  proposed 
work,  and  if  the  objection  be  to  the  kind  of  trei^s 
proposed  to  be  planted,  they  must  name  some  oth- 
er kind  of  tree  to  be  substituted  therefor.  The 
city  council  shall,  at  its  next  meeting  after  the 
filing  of  said  objections,  fix  a  time  for  hearing 
the  same,  not  less  than  one  week  thereafter.  The 
city  clerk  shall  thereupon  notify  each  objector,  or 
his  agent,  who  has  signed  his  or  her  name  to  the 
statement,  by  depositing,  in  the  postoffice  of  said 
city,  a  notice  addressed  to  him  or  her,  postage  pre- 
paid, notifying  the  objectors  of  the  time  and  place 
of  hearing.  At  the  time  specified,  the  council 
shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclu- 
sive, except  that  in  the  choice  of  trees  to  be  plant- 
ed, it  shall  be  governed  by  the  written  request  of 
the  owners  of  a  majority  of  the  frontage  cTn  both 
sides  of  the  street  which  it  is  proposed  to  plant. 
If  the  objections  be  sustained,  no  further  proceed- 
ings shall  be  taken  under  the  resolution  of  inten- 
tion for  six  months  nfter  the  date  of  its  passage. 
If  it  be  again  proposed  to  plant  the  street,  the 
coimcil  shall  commence  proceedings  de  novo  as  if 
no  action  had  been  previously  taken. 

Sec.  4.  At  the  expiration  of  ten  days  after  ffie 
expiration  of  the  time  of  publication  of  said  reso- 
lution of  intention,  if  no  written  objections  to  the 


1096  Streets. 

work  therein  described  shall  have  been  filed  with 
the  city  clerk,  as  hereinbefore  provided,  otherwise, 
immediately  upon  the  overruling  of  the  objections 
by  the  council,  the  council  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  to  be  done  the  work 
which  is  authorized  by  this  act,  which  order  shall 
be  published  for  two  days  in  the  same  papers  and 
manner  as  provided  for  the  publication  of  the  res- 
olution of  intention. 

Sec.  5.  Before  passing  any  resolutions  for  the 
planting  of  any  street,  the  city  council  shall  cause 
notice,  with  specifications,  to  be  posted  conspicu- 
ously for  five  days  near  the  door  of  the  council 
chamber,  and  shall  advertise  the  same  for  five 
days  in  the  same  manner  and  papers  as  heretofore 
provided  for  the  publication  of  the  resolution  of 
intention,  inviting  sealed  proposals  for  bids  for 
furnishing  the  trees  and  doing  the  work  ordered. 
All  bids  shall  state  the  sum  or  price  for  which  the 
bidder  will  undertake  to  furnish  the  trees,  of  the 
kind,  age,  and  size  required,  and  will  suitably  pre- 
pare the  ground,  set  out  the  trees,  warrant  every 
one  of  them  to  grow,  or  replace  all  that  fail  to 
grow  or  receive  damage  from  whatever  cause  with 
others  of  the  same  kind,  and  of  suitable  age  and 
size  to  preserve  uniformity,  and  will  for  three 
years  care  for,  cultivate,  protect,  irrigate,  and 
trim  said  trees.  And  no  order  for  the  planting  of 
any  street  shade  trees  shall  be  made  that  does  not 
likewise  provide  for  the  care  and  maintenance  of 
the  trees  for  three  years  by  the  contractor  plant- 
ing the  trees.  All  proposals  or  bids  shall  be  ac- 
companied by  a  check  payable  to  the  order  of 
the  mayor  or  president  of  the  city  council,  certified 
by  a  responsible  bank,  for  an  amount  which  shall 
not  be  less  than  ten  per  cent  of  the  aggregate  of 
the  proposal.  Said  proposals  or  bids  shall  be  de- 
livered to  the  clerk  of  the  city  council,  indorsed 
''Proposals  to  plant  trees,"  and  said  council  shall, 
in  open  session,  examine  and  publicly  declare  the 
same;  provided,  that  no  proposal  or  bid  shall  be 
considered  unless  accompanied  by  said  check. 
The  council  may  reject  all  proposals,  should  it 
deem  this  for  the  public  good,  and  «hall  reject  the 
bid  of  any  party  who  has  been  delinquent  or  un- 
faithful in  any  former  contract  with  tlie  muni- 
cipality, and  may  award  the  contract  to  the  low- 
est responsible  bidder,  at  the  prices  named  in  his 


streets.  1097 

bid,  which  award  shall  be  approved  by  the  mayor 
or  president  of  the  council.  Notice  of  such  awards 
of  contract  shall  be  posted  and  advertised  for  five 
days,  in  the  manner  hereinbefore  provided,  and  it 
shall  be  the  duty  of  the  superintendent  of  streets 
to  enter  into  a  contract  with  the  bidder  to  whom 
the  work  shall  have  been  awarded  by  the  coun- 
cil, and  at  the  prices  specified  in  his  bid;  where- 
upon the  certified  checks  of  all  the  other  bidders 
shall  be  returned  to  them,  respectively.  But  if 
such  lowest  bidder  neglects,  fails,  or  refuses,  for 
fifteen  days  after  the  first  posting  and  publica- 
tion of  the  award,  to  enter  into  the  contract,  then 
the  city  council,  without  further  proceedings,  shall 
again  advertise  for  proposals  or  bids,  as  in  the 
first  instance,  and  shall  award  the  contract  for 
said  work  to  the  then  lowest  bidder.  If  the  con- 
tractor who  shall  have  taken  any  contract  shall 
not  complete  the  planting  within  the  time  limited 
in  the  contract,  or  within  such  further  time  as  the 
council  may  give  him,  the  superintendent  of 
streets  shall  report  such  delinquency  to  the  coun- 
cil, which  may  relet  the  unfinished  poi-tion  of  the 
planting  and  the  future  care  of  the  trees,  after 
pursuing  the  formalities  hereinbefore  prescribed 
for  the  letting  of  the  whole  in  the  first  instance. 

Sec.  6.  All  contractors  shall,  at  the  time  of  exe- 
cuting any  contract  for  the  planting  and  care  of 
trees,  execute  a  bond  to  the  satisfaction  of  the 
mayor  or  president  of  the  city  council,  with  two 
or  more  sureties,  and  payable  to  the  city  in  such 
sums  as  the  mayor  or  president  of  the  council 
shall  deem  adequate,  conditioned  for  the  faithful 
performance  of  the  contract,  and  the  sureties  shall 
justify  before  the  recorder  or  a  justice  of  the 
peace,  in  double  the  amount  mentioned  in  such 
bond,  over  and  above  all  statutory  exemption. 
Before  being  entitled  to  any  contract,  the  bidder 
to  whom  the  award  shall  have  been  made  must 
pay  into  the  city  treasury  the  cost  of  the  publica- 
tion of  notices,  resolutions,  and  orders,  and  all 
other  incidental  expenses  required  under  the  pro- 
ceedings pi'escribed  by  this  act. 

Sec.  7.  All  work  done  under  the  provisions  of 
this  statute  sliall  be  executed  under  the  direc- 
tion of  the  superintendent  of  streets,  whose  duty 
it  shall  be,  under  the  general  control  of  the  coun- 
cil, to  see  that  all  the  obligations  assumed  by  con- 


1098  Streets. 

tractors  towards  the  city  are  faithfully  complied 
with,  and  that  all  trees  furnished  are  sound, 
healthy,  free  from  infection  by  insects,  and  of  the 
kind,  size,  and  sme  called  for  by  the  contract.  He 
shall  certify  to  the  completion  of  all  work,  or  por- 
tion of  work,  which,  by  the  terms  of  the  contract, 
shall  entitle  the  contractor  to  payment  in  whole  or 
in  part.,  and  the  presentation  of  his  certificate  by 
the  contractor  shall  be  a  condition  precedent  to 
each  payment  that  shall  become  due  under  the 
contract. 

Sec.  8.  All  sums  due  to  contractors  under  th-^ 
provisions  of  this  act  shall  be  payable  by  install- 
ments, as  follows,  to  wit:  Not  more  than  one-half 
the  entire  consideration  in  the  contract  shall  be 
payable  on  the  completion  of  the  planting,  and 
out  of  this  amount  the  superintendent  of  streets 
shall  see  that  the  trees  are  paid  for,  to  the  party 
furnishing  the  same:  one  half  the  balance  at  the 
end  of  eighteen  months  after  the  completion  of  the 
planting;  provided,  all  conditions  shall  have  been 
complied  with:  the  remaining  one  half  to  be  paid 
at  the  end  of  three  years  after  the  completion  of 
the  planting;  provided,  all  conditions  shall  have 
been  complied  with. 

Sec.  9.  Immediately  upon  the  execution  of  any 
contract  for  the  planting  and  care  of  street  trees 
under  the  provisions  of  this  act,  it  shall  be  the 
duty  of  the  city  assessor  to  make  an  assessment 
to  cover  the  suin  to  become  due  for  the  work  spe- 
cified in  such  contract  (including  all  incidental  ex- 
penses) upon  the  lots  and  land  fronting  on  the 
street,  lane,  alley,  court,  or  place  to  which  such 
contract  relates,  each  lot  or  portion  of  a  lot  being 
separately  assessed,  in  proportion  to  the  front- 
age, at  a  rate  per  foot  front  sufficient  to  cover 
the  total  expenses  of  the  work.  Said  assessment 
shall  briefly  refer  to  the  contract,  the  work  con- 
tracted for,  and  shall  show  tlie  amount  to  be  paid 
therefor,  together  with  any  incidental  expenses, 
the  i*ate  per  foot  front  assessed,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each 
lot,  if  known  to  the  assessor  (if  unknown,  the 
word  "Unknown"  shall  be  written  opposite  the 
number  or  description  of  the  lot,  with  the  amount 
assessed  thereon);  and  the  assessor  shall  attach  to 
said  assessment  a  diagram,"  exhibiting  the  street, 
lane,  alley,  place,  or  court  on  which  the  work  is 


streets.  1099 

contracted  to  be  done,  and  showing  the  relative  lo- 
cation and  frontage  of  such  lot,  numbered  to  cor- 
respond with  the  numbers  in  the  assessment.  To 
said  assessment  shall  be  attached  a  warrant, 
which  shall  be  signed  by  the  superintendent  of 
streets,  and  countersigned  by  the  mayor  or  presi- 
dent of  the  council.  The  said  assessments  and 
warrants  shall  be  separately  issued  for  each  pay- 
ment that  shall  be  due  the  contractor,  as  specified 
in  section  eight  of  tliis  act,  and  shall  be  substan- 
tially in  the  following  form:— 

By  virtue  hereof,  I  (name  of  the  superintendent 

of  streets),  of  the  city  of ,  county  of ,  and 

state  of  California,  by  virtue  of  the  authority 
vested  in  me  as  said  superintendent  of  streets,  do 
authorize  and  empower  (name  of  contractor),  his 
agents  or  assigns,  to  demand  and  receive  the  sev- 
eral assessments  upon  the  assessment  and  dia- 
gram hereto  attached,  and  this  shall  be  his  war- 
rant for  the  same. 

Date ,  .     (Name  of     superintendent     of 

streets.) 

Countersigned  by  (name  of  mayor  or  president 
of  council). 

Recorded  (date , ).  (Name  of  superintend- 
ent of  streets.) 

Said  warrant,  assessment,  and  diagram  shall  tj 
recorded  in  the  office  of  the  superintendent  of 
streets.  When  so  recorded,  the  several  amounts 
assessed  shall  be  a  lien  upon  the  lands,  lots,  or 
portions  of  lots,  assessed,  respectively,  for  the 
period  of  two  years  from  the  date  of  said  record- 
ing, unless  sooner  discharged.  From  and  after 
the  date  of  said  record,  all  persons  interested  in 
any  manner  in  any  or  all  of  the  lots  assessed  shall 
be  deemed  to  have  notice  of  the  contents  of  said 
record. 

Sec.  10.  After  said  warrant,  assessment,  and 
diagram  shall  have  been  recorded,  the  same  shall 
be  delivered  to  the  contractor,  his  agents  or  as- 
signs, on  demand,  who  shall  thereby  be  authorized 
to  demand  and  receive  the  amounts  of  the  several 
assessments.  In  default  whereof,  and  as  regards 
enforced  collections,  interest,  cost,  and  penalties, 
and  the  correction  of  errors,  the  same  proceed- 
ings are  to  be  had  as  are  specified  in  sections 
nine,  ten,  eleven,  twelve,  sixteen,  and  seventeen 
of  an  act  entitled   ''An  act  to  provide  for  work 


1100  streets. 

upon  streets,  lanes,  alleys,  courts,  places,  and 
sidewalks,  and  for  the  construction  of  sewers 
within  municipalities,"  approved  March  eig^h- 
teenth,  eighteen  hundred  and  eighty-five,  amended 
March  fourteenth,  eighteen  hundred  and  eighty- 
nine. 

Sec.  11.  The  city  council  of  every  municipality 
in  this  state  has  jurisdiction  of  the  hedges  and 
fences  placed  by  property  owners  along  street 
lines,  and  may,  by  ordinance,  prohibit  the  plant- 
ing of  thorn-bearing  hedges  and  the  use  of  barbed 
wire  along  street  lines,  and  may  regulate  the 
height,  width,  and  the  mode  of  trimming  hedges, 
and  enforce  ordinances  enacted  for  such  purposes 
against  absentees,  or  other  negligent  or  recusant 
owners  or  occupants  of  lots  or  lands  on  which 
hedges  are  maintained.  They  may  also  condemn 
as  public  nuisances,  any  or  all  weeds  whose 
seeds  are  of  a  winged  or  downy  nature,  and  are 
spread  by  the  winds,  and  may  compel  the  eradica- 
tion of  such  weeds  by  the  owners  of  the  lots 
whereon  they  grow,  or  at  their  expense. 

Sec.  12.  The  city  council  or  trustees  of  every 
municipality  shall  provide  for  the  replacement  of 
missing  trees,  and  for  the  trimming  and  care  of  all 
trees  that  have  or  shall  have  been  planted  for 
three  or  more  years  in  the  streets  and  highways, 
whether  such  planting  shall  have  been  done  un- 
der this  act  or  otherwise;  the  expense  whereof 
must  be  defrayed  out  of  the  street  fund,  and  the 
work  be  done  by  the  superintendent  of  streets  of 
such  municipality. 

Sec.  lo.  This  act  shall  only  apply  to  such  muni- 
cipalities as  shall  by  vote  of  the  electors  residing 
therein  determine  to  come  within  its  provisions. 

Sec.  14.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 


streets.  1101 


An  act  to  provide  for  laying:  out,  opening,  extend- 
ing, widening,  straightening,  or  closing  up  in 
whole  or  in  part  any  street,  square,  lane,  alley, 
court,  or  place  within  municipalities,  and  to 
condemn  and  acquire  any  and  all  land  and 
property  necessary  or  convenient  for  that  pur- 
pose.   [Kepealed  as  to  cities  over  40,000,  post.] 

[Approved  March  6,  1889;  1889,  70.] 

Laying  out,  opening,  closing,  etc.,  streets,  lanes, 
alleys,  etc. 

Section  1.  Whenever  the  public  interest  or  con- 
venience may  require  the  city  council  of  any  mu- 
nicipality shall  have  full  power  and  authority  to 
order  the  opening,  extending,  widening,  straight- 
ening, or  closing  up  in  whole  or  in  part  of  any 
street,  square,  lane,  alley,  court,  or  place  within 
the  bounds  of  such  city,  and  to  condemn  and  ac- 
quire any  and  all  land  and  property  necessary  or 
convenient  for  that  purpose. 

Resolution  of  council  declaring  intention  to  per- 
form street  work. 

Sec.  2.  Before  ordering  any  work  to  be  done  or 
improvement  made  which  is  authorized  by  sec- 
tion one  of  this  act,  the  city  council  shall  pass  a 
resolution  declaring  its  intention  to  do  so,  describ- 
ing the  work  or  improvement,  and  the  land  deem- 
ed necessary  to  be  taken  therefor,  and  specifying 
the  exterior  boundaries  of  the  district  of  lands  to 
be  affected  or  benefited  by  said  work  or  improve- 
ment, and  to  be  assessed  to  pay  the  damages, 
cost,  and  expenses  thereof. 
Street  superintendent  to  post  notice. 

Sec.  3.  The  street  superintendent  shall  then 
cause  to  be  conspicuously  posted  along  the  line  of 
said  contemplated  work  or  improvement,  at  not 
more  than  three  hundred  feet  in  distance  apart, 
but  not  less  than  three  in  all,  notices  of  the  pass- 
age of  said  resolution.  Said  notice  shall  be  head- 
ed "notice  of  public  work,"  in  letters  not  less  than 
on(?  inch  in  length,  shall  be  in  legible  characters, 
state  the  fact  of  passage  of  the  resolution,  its  date, 
and,  briefly,  the  work  or  improvement  proposed, 
and  refer  to  the  resolution  for  further  particulars. 
He  shall  also  cause  a  notice,  similar  in  substance. 


1102  Streets. 

to  be  published  for  a  period  of  ten  days  in  one 
or  more  daily  newspapers  published  and  circu- 
lated in  said  city,  and  designated  by  said  city 
council;  or  if  there  is  no  daily  newspaper  so  pub- 
lished and  circulated  in  said  city,  then  by  four 
successive  insertions  in  a  weekly  or  semi-weekly 
newspaper,  so  published,  circulated,  and  desig- 
nated. 
Interested  persons  may  file  objections. 

Sec.  -1.  Any  person  interested  objecting  to  said 
work  or  improvement,  or  to  the  extent  of  the  dis- 
trict of  lands  to  be  affected  or  benefited  by  said 
work  or  improvement,  and  to  be  assessed  to  pay 
the  cost  and  expenses  thereof,  may  make  written 
objections  to  the  same  within  ten  days  after  tne 
expiration  of  the  time  of  the  publication  of  said 
notice,  which  objection  shall  be  delivered  to  the 
clerk  of  the  city  council,  who  shall  indorse  thereon 
the  date  of  its  reception  by  him,  anu  at  the  next 
meeting  of  the  city  council  after  the  expiration  of 
said  ten  days  lay  said  objections  before  said  city 
council,  which  shall  fix  a  time  for  hearing  said  ob- 
jections, not  less  than  one  week  thereafter.  The 
city  clerk  shall  thereupon  notify  the  persons  mak- 
ing such  objections,  by  depositing  a  notice  thereof 
in  the  post  office  of  said  city,  postage  prepaid,  ad- 
dressed to  such  objector. 
Decision  of  council  to  be  final. 

Sec.  5.  At  the  time  specified  or  to  which  the 
hearing  may  be  adjourned,  the  said  city  council 
shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclu- 
sive. If  such  objections  are  sustained,  all  pro- 
ceedings sliall  be  stopped;  but  proceedings  may  be 
again  commenced  at  any  time  by  giving  notice  of 
intention  to  do  said  work  or  make  said  improve- 
ment. If  such  objection  is  overruled  by  the  city 
council,  the  proceedings  shall  continue  the  same  as 
if  such  objection  had  not  been  made.  At  the  ex- 
piration of  the  time  prescribed  during  which  ob- 
jections to  said  work  or  improvement  may  be 
made,  if  no  objections  shall  have  been  made,  or 
if  an  objection  shall  have  been  made,  and  said 
council,  after  hearing,  shall  have  overruled  the 
same,  the  city  council  shall  be  deemed  to  have  ac- 
quired jurisdiction  to  order  any  of  the  work  to  be 


streets.  1103 

done,  or  improvements  to  be  made,  which  is  au- 
thorized by  section  one  of  this  act. 
Jurisdiction. 

Sec.  6.  Having  acquired  jurisdiction  as  pro- 
vided in  the  preceding  section,  the  city  council 
shall  order  said  worli  to  be  done,  and  unless  the 
proposed  worii  is  for  closing  up,  and  it  appears 
that  no  assessment  is  necessary,  shall  appoint 
three  commissioners  to  assess  benefits  and  dam- 
ages, and  have  general  supervision  of  the  pro- 
posed work  or  improvement  until  the  completion 
thereof  in  compliance  with  this  statute.  For  their 
services,  they  shall  receive  such  compensation  as 
the  city  council  may  determine  from  time  to  time; 
provided,  that  such  compensation  shall  not  ex- 
ceed two  hundred  dollars  per  month  each,  nor  con- 
tinue more  than  six  months,  unless  extended  by 
order  of  the  city  council.  Such  compensation  shall 
be  added  to  and  be  chargeable  as  a  part  of  the  ex- 
penses of  the  work  or  improvement.  Each  of 
said  commissioners  shall  file  with  the  clerk  of  the 
city  council  an  alBdavit,  and  a  bond  to  the  state 
of  California  in  the  sum  of  five  thousand  dollars, 
to  faithfully  perform  the  duties  of  his  office.  The 
city  council  may  at  any  time  remove  any  or  all  of 
said  commissioners  for  cause,  upon  reasonable 
notice  and  hearing,  and  may  fill  any  vacancies  oc- 
curring among  them  for  any  cause. 
Commissioners  to  employ  assistance. 

Sec.  7.  Said  commissioners  shall  have  power  to 
employ  such  assistance,  legal  or  otherwise,  as 
they  may  deem  necessary  and  proper;  also  to  rent 
an  office,  and  provide  such  maps,  diagrams,  plans, 
books,  stationery,  fuel,  lights,  postage,  express- 
age  and  incur  such  incidental  expenses  as  they 
may  deem  necessary. 

Expenses  to  be  a  charge  upon  the  particular  work 
required. 

Sec.  8.  All  such  charges  and  expenses  shall  be 
deemed  as  expenses  of  said  work  or  improvement, 
and  be  a  charge  only  upon  the  funds  devoted  to 
the  particular  work  or  improvement  as  provided 
liereinafter.  All  payments,  as  well  for  the  land 
and  improvements  taken  or  damaged,  as  for  the 
charges  and  expenses,  shall  be  paid  by  the  city 
treasurer,  upon  warrants  drawn  upon  said  fund 


1104  Streets. 

from  time  to  time,  signed  by  said  commissioners, 
or  a  majority  of  them.  All  such  warrants  shall 
state  whether  they  are  issued  for  land  or  improve- 
ments talien  or  damaged,  or  for  charges  and  ex- 
penses, and  that  the  demand  is  payable  only  out 
of  the  money  in  said  fund,  and  in  no  event  shall 
the  city  be  liable  for  the  failure  to  collect  any  as- 
sessment made  by  virtue  hereof,  nor  shall  said 
warrant  be  payable  out  of  any  other  fund,  nor  a 
claim  against  the  city. 
Viewing  of  land— Examination  of  witnesses. 

Sec.  9.  Said  commissioners  shall  proceed  to 
view  the  lands  described  in  the  resolution  of  in- 
tention, and  may  examine  witnesses  on  oath  to  be 
administered  by  any  one  of  them.  Having  viewed 
the  land  to  be  taken,  and  the  improvements  affect- 
ed, and  considered  the  testimony  presented,  they 
shall  proceed  with  all  diligence  to  determine  the 
value  of  the  land  and  the  damage  to  improve- 
ments and  property  affected,  and  also  the  amount 
of  the  expenses  incident  to  said  work  or  improve- 
ment, and  having  determined  the  same  shall  pro- 
ceed to  assess  the  same  upon  the  district  of  lands 
declared  benefited,  the  exterior  boundaries  of 
which  were  fixed  by  the  resolution  of  intention 
provided  for  by  section  two  hereof.  Such  assess- 
ment shall  be  made  upon  the  lands  within  said 
district  in  proportion  to  the  benefit  to  be  derived 
from  said  work  or  improvement,  so  far  as  the  said 
commissioners  can  reasonably  estimate  the  same, 
including  in  such  estimate  the  property  of  any 
railroad  company  within  said  district,  if  such 
there  be. 

Report  to  council  accompanied  with  a  plat  of  the 
assessment   district. 

Sec.  10.  Said  commissioners  having  made  their 
assessment  of  benefits  and  damage,  shall,  with  all 
diligence,  make  a  written  report  thereof  to  the 
city  council,  and  shall  accompany  their  report 
with  a  plat  of  the  assessment  district  showing  the 
land  taken  or  to  be  taken  for  the  work  or  im- 
provement, and  the  lands  assessed,  showing  the 
relative  location  of  eacli  district,  block,  lot,  or  por- 
tion of  lot,  and  its  dimensions,  so  far  as  the  com- 
missioners can  reasonably  ascertain  the  same. 
Each  block  and  lot,  or  portion  of  lot,  taken  or  as- 


streets.  1105 

pessed,  shall  be  designated  and  described  in  said 
plat  by  an  appropriate  number,  and  a  reference  to 
it  by  such  descriptive  number  shall  be  a  sufficient 
description  of  it  in  any  suit  entered  to  condemn, 
and  in  all  respects.  Wlien  the  report  and  plat  are 
approved  by  the  city  council,  a  copy  of  said  plat, 
appropriately  designated,  shall  be  filed  by  the 
clerk  thereof  in  the  office  of  the  recorder  of  the 
county. 
Report,  what  must  specify. 

Sec.  11.  Said  report  shall  specify  each  lot,  sub- 
division, or  piece  of  property  taken  or  injured  by 
the  widening  or  other  improvement,  or  assessed 
therefor,  together  with  the  name  of  the  owner  or 
claimants  thereof,  or  of  persons  interested  therein 
as  lessees,  encumbrancers,  or  otherwise,  so  far  as 
the  same  are  known  to  such  commissioners,  and 
the  particulars  of  their  interest,  so  far  as  the 
same  can  be  ascertained,  and  the  amount  of  value 
or  damage,  or  the  amount  assessed,  as  the  case 
may  be. 
When  set  down  to  unknown  owners. 

Sec.  12.  If  in  any  case  the  commissioners  find 
that  conflicting  claims  of  title  exist,  or  shall  be  in 
ignorance  or  doubt  as  to  the  ownership  of  any  lot 
of  land,  or  of  any  improvements  thereon,  or  of 
any  interest  therein,  it  shall  be  set  down  as  be- 
longing to  unknown  owners.  Error  in  the  desig- 
nation of  the  owner  or  owners  of  any  land  or 
improvements,  or  of  the  particulars  of  their  inter- 
est, shall  not  affect  the  validity  of  the  assessment 
or  of  the  condemnation  of  the  property  to  be  taken. 
Filing  of  report  and  plat,  and  publication  of. 

Sec.  13.  Said  report  and  plat  shall  be  filed  in 
the  clerk's  office  of  the  city  council,  and  thereupon 
the  clerk  of  said  city  council  shall  give  notice  of 
such  filing  by  publication  for  at  least  ten  days  in 
one  or  more  daily  newspapers  published  and  cir- 
culated in  saia  city;  or  if  there  be  no  daily  paper, 
by  three  successive  insertions  in  a  weekly  or 
semi-weekly  newspaper  so  published  and  circu- 
lated. Said  notice  shall  also  require  all  persons 
interested  to  show  cause,  if  any,  why  such  report 
should  not  be  confirmed,  before  the  city  council. 
Gen.  Laws— 93. 


1106  Streets. 

on  or  before  a  day  fixed  by  the  clerk  thereof,  and 
stated  in  said  notice,  which  day  shall  not  be  less 
than  thirty  days  from  the  first  publication  thereof. 
Objections  must  be  in  writing. 

Sec.  14.  All  objections  shall  be  in  writing,  and 
filed  with  the  clerk  of  the  city  council,  who  shall, 
at  the  next  meeting  after  the  day  fixed  in  the  no- 
tice to  show  cause,  lay  the  said  objections,  if  any, 
before  the  city  council,  which  shall  fix  a  time  for 
hearing  the  same,  of  which  the  clerk  shall  notify 
the  objectors  in  the  same  manner  as  objectors  to 
the  original  resolution  of  intention;  at  the  time 
set,  or  at  such  other  time  as  the  hearing  may  be 
adjourned  to,  the  city  council  shall  hear  such  ob- 
jections and  pass  upon  the  same;  and  at  such 
time,  or,  if  there  be  no  objections,  at  the  first 
meeting  after  the  day  set  in  such  order  to  show 
cause,  or  such  other  time  as  may  be  fixed,  shall 
proceed  to  pass  upon  such  report,  and  may  con- 
firm, correct,  or  modify  the  same,  or  may  order 
the  commissioners  to  make  a  new  assessment,  re- 
port, and  plat,  which  shall  be  filed,  notice  given, 
and  hearing  had,  as  in  the  case  of  an  original  re- 
port. 
Duty  of  clerk  of  council. 

Sec.  15.  The  clerk  of  said  city  council  shall  for- 
ward to  the  street  superintendent  of  the  city  a 
certified  copy  of  the  report,  assessment,  and  plat, 
as  finally  confirmed  and  adopted  by  the  city  coun- 
cil. Such  certified  copy  shall  thereupon  be  the  as- 
sessment roll.  Immediately  upon  receipt  thereof 
by  the  street  superintendent,  the  assessment 
therein  contained  shall  become  due  and  payable, 
and  shall  be  a  lien  upon  all  the  property  contain- 
ed or  described  therein. 

Duty  of  superintendent  of  streets  on  receiving  cer- 
tified copy  of  report  as  confirmed  by  council. 

Sec.  16.  The  superintendent  of  streets  shall 
thereupon  give  notice  by  publication  for  ten  days 
in  one  or  more  daily  newspapers  published  and 
circulated  in  such  city  or  city  and  county,  or  by 
two  successive  insertions  in  a  weekly  or  semi- 
weekly  newspaper  so  published  and  circulated, 
that  he  has  received  said  assessment  roll,  and  that 
all  sums  levied  and  assessed  in  said  assessment 
roll  are  due  and  payable  immediately,  and  that 


streets.  1107 

the  payment  of  said  sums  is  to  be  made  to  him 
within  thirty  days  from  the  date  of  the  first  publi- 
cation of  said  notice.  Said  notice  shall  also  con- 
tain a  statement  that  all  assessments  not  paid 
before  the  expiration  of  said  thirty  days  will  be 
declared  to  be  delinquent,  and  that  thereafter  the 
sum  of  five  per  cent  upon  the  amount  of  each  de- 
linquent assessment,  together  with  the  cost  of  ad- 
vertising each  delinquent  assessment,  will  be  add- 
ed thereto.  When  payment  of  any  assessment  is 
made  to  said  superintendent  of  streets,  he  shall 
write  the  word  "paid,"  and  the  date  of  payment, 
opposite  the  respective  assessment  so  paid,  and 
the  names  of  persons  by  or  for  whom  said  assess- 
ment is  paid,  and  shall,  if  so  required,  give  a  re- 
ceipt therefor.  On  the  expiration  of  said  thirty 
days,  all  assessments  then  unpaid  shall  be  and  be- 
come delinquent,  and  said  superintendent  of 
streets  shall  certify  such  fact  at  the  foot  of  said 
assessment  roll,  and  shall  add  five  per  cent  to  the 
amount  of  each  assessment  so  delinquent.  The 
said  superintendent  of  streets  shall,  within  five 
days  from  the  date  of  said  delinquency,  proceed 
to  advertise  and  collect  the  various  sums  delin- 
quent, and  the  whole  thereof,  including  the  cost 
of  advertising,  which  last  shall  not  exceed  the 
sum  of  fifty  cents  for  each  lot,  piece,  or  parcel  of 
land  separately  assessed,  by  the  sale  of  the  assess- 
ed property  in  the  same  manner  as  is  or  may  be 
provided  for  the  collection  of  state  and  county 
taxes:  and  after  the  date  of  said  delinquency,  and 
before  the  time  of  such  sale  herein  provided  for, 
no  assessment  shall  be  received  unless  at  the  same 
time  the  five  per  cent  added  thereto,  as  aforesaid, 
togetner  with  the  costs  of  advertising  then  al- 
ready incurred,  shall  be  paid  therewith.  Said  list 
of  delinquent  assessments  shall  be  published 
daily  for  five  days  in  one  or  more  daily  newspa- 
pers published  and  circulated  in  such  city,  or  by 
at  least  one  insertion  in  a  weekly  newspaper  so 
published  and  circulated,  before  the  day  of  sale  of 
such  delinquent  assessment.  Said  time  of  sale 
must  not  be  less  than  seven  days  from  the  date 
of  the  first  publication  of  said  delinquent  assess- 
ment list,  and  the  place  must  be  in  or  in  front  of 
the  office  of  said  superintendent  of  streets.  All 
property  sold  shall  be  subject  to  redemption  in  the 


1108  Streets. 

same  time  and  mauner  as  in  sales  for  delinquent 
state  and  county  taxes;  and  tlie  superintendent  of 
streets  may  collect  for  each  certificate  fifty  cents, 
and  for  each  deed  one  dollar.  All  provisions  of 
the  law,  in  reference  to  the  sale  and  redemption 
of  property  for  delinquent  state  and  county  taxes 
in  force  at  any  given  time,  shall  also  then,  so  far 
as  the  same  are  not  in  conflict  with  the  provisions 
of  this  act,  be  applicable  to  the  sale  and  redemp- 
tion of  property  for  delinquent  assessments  here- 
under, including  the  issuance  of  certificates  and 
execution  of  deeds.  The  deed  of  the  street  su- 
perintendent made  after  such  sale,  in  case 
of  failure  to  redeem,  shall  be  prima  facie  evidence 
of  the  regularity  of  all  proceedings  hereunder,  and 
of  title  in  the  grantee.  It  shall  be  conclusive  evi- 
dence of  the  necessity  of  tailing  or  damaging  the 
lands  taken  or  damaged,  and  of  the  correctness 
of  the  compensation  awarded  therefor.  The  su- 
perintendent of  streets  shall,  from  time  to  time, 
pay  over  to  the  city  treasurer  all  moneys  collect- 
ed by  him  on  account  of  any  such  assessments. 
The  city  treasurer  shall,  upon  receipt  thereof, 
place  the  same  in  a  separate  fund,  designating 
such  funds  by  the  name  of  the  street,  square, 
lane,  alley,  court,  or  place  for  the  widening,  open- 
ing, or  other  improvement  of  which  the  assess- 
ment was  made.  Payments  shall  be  made  from 
said  fund  to  the  parties  entitled  thereto,  upon 
warrants  signed  by  the  commissioners,  or  a  ma- 
jority of  them. 

Payments  for  land  and  improvements,  when  and 
how  made. 
Sec.  17.  When  sufficient  money  is  in  the  hands 
of  the  city  treasurer,  in  the  fund  devoted  to  the 
proposed  work  or  improvement,  to  pay  for  the 
land  and  improvements  taken  or  damaged,  and 
when  in  the  discretion  of  the  commissioners,  or  a 
majority  of  them,  the  time  shall  have  come  to 
make  payments,  it  shall  be  the  duty  of  the  com- 
missioners to  notify  the  owner,  possessor,  or  occu- 
pant of  any  land  or  improvements  thereon  to 
whom  damages  shall  have  been  awarded,  that  a 
warrant  has  been  drawn  for  the  payment  of  the 
same,  and  that  he  can  receive  such  warrant  at  the 
office  of  such  commissioners  upon  tendering  a  con- 


streets.  1109 

veyance  of  any  property  to  be  taken;  such  notifi- 
cation, except  in  the  case  of  unknown  owners,  to 
be  made  by  depositing  a  notice,  postage  paid,  in 
the  postoflice,  addressed  to  his  last  known  place 
of  abode  or  residence.  If  at  the  expiration  of 
thirty  days  after  the  deposit  of  such  notice,  he 
should  not  have  applied  for  such  warrant,  and 
tendered  a  conveyance  of  the  land  to  be  taken,  the 
warrant  so  drawn  shall  be  deposited  with  the 
county  treasurer,  and  shall  be  delivered  to  such 
owner,  possessor,  or  occupant,  upon  tendering  a 
conveyance  as  aforesaid,  unless  judgment  of  con- 
demnation shall  be  had,  when  the  same  shall  be 
canceled. 

Proceedings  to  condemn  on  refusal  to  accept  pay- 
ment. 
Sec.  18.  If  any  owner  of  land  to  be  taken  neg- 
lects or  refuses  to  accept  the  warrant  drawn  in  his 
favor,  as  aforesaid,  or  objects  to  the  report  as  to 
the  necessity  of  taking  his  land,  the  commission- 
ers, with  the  approval  of  the  city  council,  may 
cause  proceedings  "to  be  taken  for  the  condemna- 
tion thereof,  as  provided  by  law  under  the  right 
of  eminent  domain.  The  complaint  may  aver  that 
it  is  necessary  for  the  city  to  take  or  damage  and 
condemn  the  said  lauds,  or  an  easement  therein, 
as  the  case  may  be,  without  setting  forth  the  pro- 
ceedings herein  provided  for,  and  the  resolution 
and  ordinance  ordering  said  work  to  be  done  shall 
be  conclusive  evidence  of  such  necessity.  Such 
proceeding  shall  be  brought  in  the  name  of  the 
municipality,  and  have  precedence  so  far  as  the 
business  of  the  court  will  permit;  ana  any  judg- 
ment for  damages  therein  rendered  shall  be  paya- 
ble out  of  such  portion  of  the  special  fund  as  may 
remain  in  the  treasury,  so  far  as  the  same  can  be 
applied.  At  any  time  after  trial  and  judgment  en- 
tered, or  preceding  an  appeal,  the  court  may  order 
the  city  treasurer  to  set  apart  in  the  city  treas- 
ury a  sufficient  sum  from  the  fund  appropriated 
to  the  particular  improvement  to  answer  the  judg- 
ment and  all  damages,  and  thereupon  may  author- 
ize and  order  the  municipality  to  enter  upon  the 
land  and  proceed  with  the  proposed  work  and  im- 
provement. In  case  of  a  deficiency  in  said  fund 
to  pay  the  whole  of  such  judgment  and  damages, 


1110  streets. 

the  city  council  may,  in  their  discretion,  order  the 
balance  thereof  to  be  paid  out  of  the  general  fund 
of  the  treasury  or  to  be  distributed  by  the  com- 
xnissioners  over  the  property  assessed  oy  a  supple- 
mentary assessment;  but  in  the  last-named  case, 
In  order  to  avoid  delay,  the  city  council  may  ad- 
vance such  balance  out  of  any  appropriate  fund 
In  the  treasury,  and  reimburse  the  same  from  the 
collections  of  the  assessment.  Pending  the  col- 
lection and  payment  of  the  amount  of  the  judg- 
ment and  damages,  the  court  may  order  such  stay 
of  proceedings  as  may  be  necessary. 
Duty  of  treasurer  on  payment  of  warrants. 

Sec.  19.  The  treasurer  shall  pay  such  warrants 
out  of  the  appropriate  fund,  and  not  otherwise,  in 
the  order  of  their  presentation;  provided,  that 
warrants  for  land  or  improvements  taken  or  dam- 
aged shall  have  priority  over  warrants  for  charges 
and  expenses,  and  the  treasurer  shall  see  that  suf- 
ficient money  is  and  remains  in  the  fund  to  pay 
all  warrants  of  the  first  class  before  paying  any 
of  the  second. 

Supplementary    assessments,  when    may  be    or- 
dered. 

Sec.  20.  If  after  the  sale  of  the  property  for  de- 
linquent assessments  there  should  be  a  deficiency, 
and  there  should  be  unreasonable  delay  in  col- 
lecting the  same,  or  if  for  the  purpose  of  equaliz- 
ing the  assessments  supplying  a  deficiency,  or  for 
any  cause  it  appear  desirable,  the  commission- 
ers may  so  report  to  the  city  council,  who  may  or- 
der them  to  malie  a  supplementary  assessment 
and  report  the  same  in  manner  and  form  as  the 
original,  and  subject  to  the  same  procedure.  If 
by  reason  of  such  supplementary  assessment,  or 
for  any  cause,  there  should  be  at  any  time  a  sur- 
plus, the  city  council  may  appropriate  the  same 
and  declare  a  dividend  pro  rata  to  the  parties  pay- 
ing the  same,  and  they,  upon  demand,  shall  have 
the  right  to  have  the  amount  of  such  pro  rata  div- 
idends refunded  to  them,  or  credited  upon  any 
subsequent  assessment  for  taxes  made  against 
said  parties  in  favor  of  said  city. 
Proceedings  to  settle  defective  title. 

Sec.  21.  If  any  title  attempted  to  be  acquired 
by  virtue  of  this  act  shall  be  found  to  be  defective 


streets.  llll 

from  any  cause,  the  city  council  may  again  insti- 
tute proceedings  to  acquire  the  cause  as  in  this 
act  provided,  or  otherwise,  or  may  authorize  the 
commissioners  to  purchase  the  same  and  include 
the  cost  thereof  in  a  supplementary  assessment  as 
provided  in  the  last  section. 

Proceedings  when  bounda*-ies  of  districts  of  lands 
affect  the  whole  city. 

Sec.  22.  If  the  city  council  deem  it  proper  that 
tlie  boundaries  of  the  districts  of  lands  to  be  af- 
fected and  assessed  to  pay  the  damages,  cost,  and 
expenses  of  any  work  or  improvement  under  this 
act,  shall  include  the  whole  city,  then  the  commis- 
sioners appointed  shall  proceed  in  a  summary 
manner  to  purchase  the  lands  to  be  taken  or  con- 
demned from  the  owners  and  claimants  thereof. 
If  said  commissioners  and  the  owners  and  claim- 
ants cannot  agree  upon  the  price  to  be  paid  for 
said  lands,  they  shall  proceed  to  view  and  value 
the  same,  and  shall  thereupon  make  a  summary 
report  to  the  city  council.  Upon  final  confirmation 
of  the  report,  the  city  council,  if  there  be  not  suf- 
ficient money  available  in  the  city  treasury,  shall 
cause  the  cost  and  expenses  of  the  contemplated 
public  improvement  to  be  assessed  upon  the 
whole  of  the  taxable  property  of  said  city,  and  to 
be  included  in  and  form  part  of  the  next  general 
assessment  roll  of  said  city,  and  with  like  effect 
in  all  respects  as  if  the  same  formed  a  part  of 
the  city,  state,  and  county  taxes;  and  when  the 
same  shall  have  been  collected  the  said  city  coun- 
cil shall  cause  the  land  required  to  be  paid  for 
or  the  value  thereof  tendered,  and  the  said  contem- 
plated public  improvement  to  be  forthwith  made 
and  completed.  All  the  provisions  of  the  preced- 
ing sections  not  in  conflict  with  this  section  shall 
be  applicable  thereto. 
Use  of  words  "work"  and  "improvement." 

Sec.  23.    1.    The  words   "work"   and   "improve- 
ment," as  used  in  this  act,  shall  include  all  work 
mentioned  in  section  one  of  this  act. 
Notices  to  be  posted  when  publication  cannot  be 
had. 

2.  In  case  there  is  no  daily  or  weekly  or  semi- 
weekly  newspapers  printed  and  circulated  in  the 
city,  then  such  notices  as  are  herein  required  to  be 


1112  Streets. 

published  in  a  newspaper  shall  be  posted  and  kept 
posted  for  the  length  of  time  required  herein  for 
the  publication  of  the  same  in  a  weelily  newspa- 
per, in  three  of  the  most  public  places  in  such  city, 
rroof  of  the  publication  or  posting  of  any  notice 
provided  for  herein  shall  be  made  by  affidavit  of 
the  owner,  publisher  or  clerk  of  the  newspaper 
or  of  the  poster  of  the  notice. 
Construction  of  words  "municipality"  and  "city." 

3.  The  word  "municipality"  and  the  word 
"city"  shall  be  understood  and  so  construed  as  to 
include  all  corporations  heretofore  organized  and 
now  existing,  or  hereafter  organized,  tor  munici- 
pal purposes. 

Construction  of  terms  "street  superintendent"  and 
"superintendent  of  streets." 

4.  The  terms  "street  superintendent"  and  "su- 
perintendent of  streets,"  as  used  in  this  act,  shall 
be  understood  and  so  construed  as  to  include,  and 
are  hereby  declared  to  include,  any  person  or  offi- 
cer whose  duty  it  is,  under  the  law,  to  have  the 
care  or  charge  of  the  streets,  or  the  improvement 
thereof,  in  any  city.  In  all  those  cities  where 
there  is  no  street  superintendent  or  superintend- 
ent of  streets,  the  city  council  thereof  is  hereby 
authorized  and  empowered  to  appoint  a  suitable 
person  to  discharge  the  duties  herein  laid  down 
as  those  of  street  superintendent  or  superintend- 
ent of  streets;  and  all  the  provisions  hereof  appli- 
cable to  the  street  superintendent  or  superintend- 
ent of  streets  shall  apply  to  such  persons  so  ap- 
pointed. 

Construction  of  term  "city  council." 

5.  The  term  "city  council"  is  hereby  declared  to 
include  any  body  or  board  which,  under  the  law, 
is  the  legislative  department  of  the  government  of 
any  city. 

Construction  of  terms  "clerk"  and  "city  clerk." 

6.  The  term  "clerk"  and  "city  clerk,"  as  used  in 
this  act,  is  hereby  declared  to  include  any  person 
or  officer  who  shall  be  clerk  of  said  city  council. 
Construction  of  terms  "treasurer"  and  "city  treas- 
urer." 

7.  The  term  "treasurer"  or  "city  treasurer,"  as 
used  in  this  act,  shall  include  any  person  or  officer 


streets.  1113 

who  shall  have  charge  and  make  payment  of  the 
city  funds. 

8.    No  publications  or  notice  other  than  that  pro- 
vided for  in  this  act  shall  be  necessary  to  give 
validity  to  any  proceedings  had  thereunder. 
Proceedings  commenced  before  passage  of  this  act 
to  be  continued  by  resolution  of  council. 

Sec.  24.  The  proceedings  and  any  work  or  im- 
provement, such  as  is  provided  for  m  this  act, 
already  commenced,  and  now  progressing  under 
any  other  act  now  in  force,  or  by  virtue  of  any 
ordinance  passed  by  any  city  council  or  board  of 
supervisors  of  any  city,  county,  or  city  and 
county,  by  virtue  of  any  other  act  now  in  force, 
may,  from  any  stage  of  such  proceedings  already 
commenced  and  now  progressing,  be  continued 
under  this  act  by  resolution  of  the  city  council. 
The  said  work  or  improvement  may  then  be  con- 
ducted under  the  provisions  of  this  act  with  full 
force  and  effect  in  all  respects,  from  the  stage  of 
such  proceedings  under  such  other  acts  or  ordi- 
nances at  and  from  which  such  resolution  shall 
declare  an  election  or  intention  to  have  said  work 
or  improvement  c^ase  under  such  other  act  or  or- 
dinance, and  continue  under  this  act;  and  from 
such  election  so  made,  all  proceedings  theretofore 
had  under  such  other  act  or  ordinance  are  hereby 
ratified,  confirmed,  and  made  valid,  and  it  shall  be 
unnecessary  to  renew  or  conduct  over  again  pro- 
ceedings had  under  such  other  act  or  ordinance. 
This  section  shall  not  apply  to  any  work  or  im- 
provement, proceedings  in  which  were  commenced 
more  than  eighteen  months  prior  to  the  passage  of 
this  act. 
Act  to  be  liberally  construed. 

Sec.  25.  The  provisions  of  this  act  shall  be 
liberally  construed  to  promote  the  objects  thereof. 
This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


1114  Streets. 


An  Act  to  provide  for  work  upon  streets,  lanes,  al- 
leys, courts,  places,  and  sidewalks,  and  for 
the  construction  of  sewers  within  municipali- 
ties. 

[Approved  March  18,  1885;    Stats.    1885,  p  147.]  ' 

The  People  of  the  State  of  California,  represented  \ 
in  Senate  and  Assembly,  do  enact  as  follows:  : 

Part  I.  : 

Section  1.  All  streets,  lanes,  alleys,  places,  or  | 
courts,  in  the  municipalities  of  this  state  now  , 
open  or  dedicated,  or  which  may  hereafter  be 
opened  or  dedicated  to  public  use,  shall  be  deem- 
ed and  held  to  be  open  public  streets,  lanes,  alleys, 
places,  or  courts,  for  the  purposes  of  this  act,  and 
the  city  council  of  each  municipality  is  hereby 
empowered  to  establish  and  change  the  grades  of 
said  streets,  lanes,  alleys,  places,  or  courts,  and 
fix  the  widtli  thereof,  and  is  hereby  invested  with 
jurisdiction  to  order  to  be  done  thereon  any  of  the 
work  mentioned  in  section  two  of  this  act,  under 
the  proceedings  hereinafter  described. 

Sec.  2.  Whenever  the  public  interest  or  conveni- 
ence may  require,  the  city  council  is  hereby  au- 
thorized and  empowered  to  order  the  whole,  or 
any  portion,  either  in  length  or  width,  of  the 
streets,  avenues,  lanes,  alleys,  courts,  or  places 
of  any  such  city  graded  or  re-graded  to  the  oflGc- 
cial  grade,  planked  or  re-planked,  paved  or  re- 
paved,  macadamized  or  re-macadamized,  graveled 
or  re-graveled,  piled  or  re-piled,  capped  or  re- 
capped, sewered  or  re-sewered,  and  to  order  side- 
walks, manholes,  culverts,  cesspools,  gutters,  tun- 
nels, curbing,  and  cross-walks  to  be  constructed 
therein,  or  to  order  breakwaters,  levees,  or  walls 
of  rock,  or  other  material,  to  protect  the  same 
from  overflow  or  injury,  and  to  order  any  other 
work  to  be  done  which  shall  be  necessary  to  com- 
plete the  whole  or  any  portion  of  said  streets, 
avenues,  sidewalks,  lanes,  alleys,  courts,  or  places 


Streets.  1115 

and  it  may  order  any  of  the  said  work  to  be  im- 
proved; and  also  to  order  a  sewer  or  sewers,  with 
outlets,  for  drainage  or  sanitary  purposes,  in, 
over,  or  through  any  right  of  way  granted  or  ob- 
tained for  such  purpose;  provided,  that  whenever 
the  grade  of  a  street,  avenue,  lane,  alley,  court, 
or  place  shall  hereafter  be  changed,  the  petition 
of  the  owners  of  a  majority  of  the  feet  fronting 
thereon,  aslving  for  grading  the  same  to  the  new 
grade,  shall  be  a  condition  precedent  to  the  order- 
ing of  such  grading  to  be  done.  [Amendment  ap- 
proved March  11,  iS93;  Stats.  1893,  p.  172.] 

Sec.  3.  Before  ordering  any  work  done  or  im- 
provement made,  which  is  authorized  by  section 
two  of  this  act,  the  city  council  shall  pass  a  reso- 
lution of  intention  so  to  do,  and  describing  the 
work,  which  shall  be  posted  conspicuously  for 
two  days  on  or  near  the  chamber  door  of  said 
council,  and  published  by  two  insertions  in  one  or 
more  daily,  semi-weekly,  or  weekly  newspapers 
published  and  circulated  in  said  city,  and  desig- 
nated by  said  council  for  that  purpose.  The  street 
superintendent  shall  thereupon  cause  to  be  con- 
spicuously posted  along  the  line  of  said  contem- 
plated work  or  improvement,  at  not  more  than  one 
hundred  feet  in  distance  apart,  but  not  less  than 
three  in  all,  or  when  the  work  to  t)e  done  is  only 
upon  an  entire  crossing  or  any  part  thereof,  in 
front  of  each  quarter  block  and  irregular  block 
liable  to  be  assessed,  notices  of  the  passage  of 
said  resolution.  Said  notice  shall  be  headed  "No- 
tice of  Street  Work,"  in  letters  of  not  less  than 
one  inch  in  length,  and  shall,  in  legible  characters, 
state  the  fact  of  the  passage  of  the  resolution,  its 
date,  and  briefly  the  work  or  improvement  pro- 
posed, and  refer  to  the  resolution  for  further  par- 
ticulars. He  shall  also  cause  a  notice,  similar  in 
substance,  to  be  published  for  six  days  in  one  or 
more  daily  newspapers  published  and  circulated 
in  said  city,  and  designated  by  said  city  council, 
or  in  cities  where  there  is  no  daily  newspaper,  by 
one  insertion  in  a  semi-weekly  or  weekly  news- 
paper so  published,  circulated  and  designated.    In 


1116  Streets. 

case  there  is  no  such  paper  published  in  said  city, 
said  notice  shall  be  posted  for  six  days  on  or  near 
the  chamber  door  of  said  council,  and  in  two  other 
conspicuous  places  in  said  city,  as  hereinafter 
provided.  The  owners  of  a  majority  of  the  front- 
age of  the  property  fronting  on  said  pro- 
posed way  or  improvement,  where  the  same 
is  for  one  block  or  more,  may  make  a 
written  objection  to  the  same  within  ten 
days  after  the  expiration  of  the  time  of 
the  publication  and  posting  of  said  notice, 
which  objection  shall  be  delivered  to  the  clerk  of 
the  city  council,  who  shall  indorse  thereon  the 
date  of  its  reception  by  him,  and  such  objections 
so  delivered  and  indorsed  shall  be  a  bar  for  six 
months  to  any  further  proceedings  in  relation  to 
the  doing  of  said  work  or  making  said  improve- 
ments, unless  the  owners  of  the  one-half  or  more 
of  the  frontage,  as  aforesaid,  shall  meanwhile  pe- 
tition for  the  same  to  be  done.  At  any  time  be- 
fore the  issuance  of  the  assessment  roll,  all  own- 
ers of  lots  or  lands  liable  to  assessment  therein, 
who,  after  the  first  publication  of  said  resolu- 
tion of  intention,  may  feel  aggrieved,  or  who  may 
have  objections  to  any  of  the  subsequent  proceed- 
ings of  said  council  in  relation  to  the  performance 
of  the  work  mentioned  in  said  notice  of  intention, 
shall  file  with  the  clerk  a  petition  of  remon- 
strance, wherein  they  shall  state  in  what  respect 
they  feel  aggrieved,  or  the  proceedings  to  which 
they  object;  such  petition  or  remonstrance  shall 
be  passed  upon  by  the  said  city  council,  and  its 
decision  therein  shall  be  final  and  conclusive. 
But  when  the  work  or  improvement  proposed  to 
be  done  is  the  construction  of  sewers,  manholes, 
culverts,  or  cesspools,  crosswalks,  or  sidewalks, 
and  curbs,  and  the  objection  thereto  is  signed  by 
the  owners  of  a  majority  of  the  frontage  liable  to 
be  assessed  for  the  expense  of  said  work,  as  afore- 
said, the  said  city  council  shall,  at  its  next  meet- 
ing, fix  a  time  for  hearing  said  objections,  not 
less  than  one  week  thereafter.  The  city  clerk 
shall  thereupon  notify  the  persons     making  such 


streets.  1117 

objections,  by  depositing  a  notice  thereof  in  the 
postoffice  of  said  city,  postage  prepaid,  addressed 
to  each  objector,  or  his  agent,  when  he  appears 
for  such  objector.  At  the  time  specified  said  city 
council  shall  hear  the  objections  urged,  and  pass 
upon  the  same,  and  its  decisions  shall  be  final  and 
conclusive,  and  the  said  bar  for  six  months  to  any 
further  proceedings  shall  not  be  applicable  there- 
to. And  when  not  more  than  two  blocks,  includ- 
ing street  crossings,  remain  ungraded  to  the  offi- 
cial grade,  or  otherwise  unimproved,  in  whole  or 
in  part  and  a  block  or  more  on  each  side  upon  said 
street  has  been  so  graded  or  otherwise  improved, 
or  when  not  more  than  two  blocks  at  the  end  of 
a  street  remain  so  ungraded  or  otherwise  unim- 
proved, said  city  council  may  order  any  of  the 
work  mentioned  in  this  act  to  be  done  upon  said 
intervening  ungraded  or  unimproved  part  of  saiJ 
street,  or  at  the  end  of  a  street,  and  said  work 
upon  said  intervening  part,  or  at  the  end  of  a 
street,  shall  not  be  stayed  or  prevented  by  any 
written  or  other  objection  unless  such  council 
shall  deem  proper.  And  if  one  half  or  more  in 
width  or  in  length,  or  as  to  grading,  one  half  or 
more  of  the  grading  work  of  any  street  lying  and 
being  between  two  successive  main  street  cross- 
ings, or  if  a  crossing  has  been  already  partially 
graded  or  improved  as  aforesaid,  said  council  may 
order  the  remainder  improved,  graded  or  other- 
wise, notwithstanding  such  objections  of  property 
owners.  At  the  expiration  of  twenty  days  after 
the  expiration  of  the  time  of  said  publication  by 
said  street  superintendent,  and  at  the  ex^^iration 
of  twenty-five  days  after  the  advertising  and  post- 
ing, as  aforesaid,  of  any  resolution  of  intention, 
if  no  written  objection  to  the  work  therein  de- 
scribed has  been  delivered,  as  aforesaid,  b-y  the 
owners  of  a  major  frontage  of  the  property  front- 
ing on  said  proposed  work  or  improvement,  or  if 
any  written  objection  purporting  to  be  signed  by 
the  owners  of  a  major  frontage  is  disallowed  by 
said  council,  as  not  of  itself  barring  said  work 
for  six  months,  because  in  its  judgment,  said  ob- 
Gen.  Laws— 94. 


1118  Streets. 

jection  has  not  been  legally  signed  by  the  owners 
of  a  majority  of  said  frontage,  the  city  council 
shall  be  deemed  to  have  acquired  jurisdiction  to 
order  any  of  the  work  to  be  done,  or  improvement 
to  be  made,  which  is  authorized  by  this  act;  which 
order,  when  made,  shall  be  published  for  two 
days,  the  same  as  provided  for  the  publication  of 
the  resolution  of  intention.  Before  passing  any 
resolution  for  the  construction  of  said  improve- 
ments, plans  and  specifications  and  careful  esti- 
mates of  the  costs  and  expenses  thereof  shall  be 
furnished  to  said  city  council,  if  required  by  it, 
by  the  city  engineer  of  said  city;  and  for  the 
worli  of  constructing  sewers,  specifications  shall 
always  be  furnished  by  him.  Whenever  the  con- 
templated work  of  improvement,  in  the  opinion  of 
the  city  council,  is  of  more  than  local  or  ordinary 
public  benefit,  or  whenever,  according  to  estimate 
to  be  furnished  by  the  city  engineer,  the  total  esti- 
mated costs  and  expenses  thereof  would  exceed 
one  half  the  total  assessed  value  of  the  lots  and 
lands  assessed,  if  assessed  upon  the  lots  or  land 
fronting  upon  said  proposed  work  or  improve- 
ment, according  to  the  valuation  fixed  by  the  last 
assessment  roll  whereon  it  was  assessed  for  taxes 
for  municipal  purposes,  and  allowing  a  reasonable 
depth  from  such  frontage  for  lots  or  lands  as- 
sessed in  bulk,  the  city  council  may  make  the  ex- 
pense of  such  work  or  improvement  chargeable 
upon  a  district,  which  the  said  city  council  shall, 
in  its  resolution  of  intention,  declare  to  be  the 
district  benefited  by  said  work  or  improvement, 
and  to  be  assessed  to  pay  the  costs  and  expenses 
thereof.  Objections  to  the  extent  of  the  district 
of  lands  to  be  affected  or  benefited  by  said  work 
or  improvement,  and  to  be  assessed  to  pay  the 
costs  and  expenses  thereof,  may  be  made  by  in- 
terested parties,  in  writing,  within  ten  days  af- 
ter the  expiration  of  the  time  of  the  publication 
of  the  notice  of  the  passage  of  the  resolution  of 
intention.  The  city  clerk  shall  lay  said  objec- 
tions before  the  city  council,  which  shall,  at  its 
next  meeting,  fix  a  time  for  hearing  said  objec- 


streets.  1119 

tions  not  less  than  one  week  thereafter.  The 
city  clerk  shall  thereupon  notify  the  persons  mak- 
ing such  objections  by  depositing  a  notice  there- 
of in  the  post-office  of  said  city,  postage  prepaid, 
addressed  to  each  objector.  At  the  time  speci- 
fied the  city  council  shall  hear  the  objections 
urged,  and  pass  upon  the  same,  and  its  decision 
shall  be  final  and  conclusive.  If  the  objections 
are  sustained,  all  proceedings  shall  be  stopped; 
but  proceedings  may  be  immediately  again  com- 
menced by  giving  the  notice  of  intention  to  do 
the  said  work  or  make  said  improvements.  If 
the  objections  are  overruled  by  the  city  council, 
the  proceedings  shall  continue  the  same  as  if  such 
objections  had  not  been  made.  [Amendment  ap- 
proved March  31,  1891,  Stats.  1891,  p.  196.] 

Sec.  4.  The  owners  of  a  majority  in  frontage 
of  lots  and  lands  fronting  on  any  street,  avenue, 
lane,  alley,  place,  or  court,  or  of  lots  or  lands  lia- 
ble to  be  assessed  for  the  expense  of  the  work 
petitioned  to  be  done,  or  their  duly  authorized 
agents,  may  petition  the  city  council  to  order  any 
of  the  work  mentioned  in  this  act  to  be  done^ 
and  the  city  council  may  order  the  work  men- 
tioned in  said  petition  to  be  done,  after  notice  of 
its  intention  so  to  do  has  been  posted  and  pub- 
lished as  provided  in  section  three  of  this  act. 
[Amendment  approved  March  31,  1891;  Stats. 
1891,  p.  196.] 

Sec.  5.  Before  the  awarding  of  any  contract  by 
the  city  council  for  doing  any  work  authorized 
by  this  act,  the  city  council  shall  cause  notice, 
with  specifications,  to  be  posted  conspicuously  for 
five  days  on  or  near  the  council  chamber  door  of 
said  council,  inviting  sealed  proposals  or  bids  for 
doing  the  work  ordered,  and  shall  also  cause  no- 
tice of  said  work  inviting  said  proposal,  and  refer- 
ring to  the  specifications  posted  or  on  file,  to  be 
published  for  two  days  in  a  daily,  semi-weekly,  or 
weekly  newspaper  published  and  circulated  in 
said  city,  designated  by  the  council  for  that  pur- 
pose, and  in  case  there  is  no  newspaper  published 
in  said  city,  then  it  shall  only  be  posted  as  here- 


1120  Streets. 

inbefore  provided.  All  proposals  or  bids  offered 
shall  be  accompanied  by  a  check  payable  to  the 
order  of  the  mayor  of  the  city,  certified  by  a  re- 
sponsible bank,  for  an  amount  which  shall  not  be 
less  than  ten  per  cent  of  the  aggregate  of  the 
proposal,  or  by  a  bond  for  the  said  amount  and  so 
payable,  signed  by  the  bidder  and  by  two  sure- 
ties, who  shall  justify,  before  any  offitcer  compe- 
tent to  administer  an  oath,  in  double  the  said 
amount,  and  over  and  above  all  statutory  exemp- 
tions. Said  proposals  or  bids  shall  be  delivered 
to  the  clerk  of  the  said  city  council,  and  said  coun- 
cil shall,  in  open  session,  examine  and  publicly 
declare  the  same;  provided,  however,  that  no  pro- 
posal or  bid  shall  be  considered  unless  accompan- 
ied by  said  check  or  bond  satisfactory  to  the 
council.  The  city  council  may  reject  any  and  all 
proposals  or  bids  should  it  deem  this  for  the  pub- 
lic good,  and  also  the  bid  of  any  party  who  has 
been  delinquent  and  unfaithful  in  any  former  con- 
tract with  the  municipality,  and  shall  reject  all 
proposals  or  bids  other  than  the  lowest  regular 
proposal  or  bid  of  any  responsible  bidder,  and 
may  award  the  contract  for  said  work  or  improve- 
ment to  the  lowest  responsible  bidder  at  the  prices 
named  in  his  bid,  which  award  shall  be  approved 
by  the  mayor  or  a  three-fourths  vote  of  the  city 
council.  If  not  approved  by  blm,  or  a  three- 
fourths  vote  of  the  city  council,  without  further 
proceedings,  the  city  council  may  readvertise  for 
proposals  or  bids  for  the  performance  of  the  work 
as  in  the  first  instance,  and  thereafter  proceed  in 
the  manner  in  tliis  section  provided,  and  shall 
thereupon  return  to  the  proper  parties  the  respec- 
tive checks  and  bonds  corresponding  to  the  bid 
so  rejected.  But  the  checks  accompanying  such 
accepted  proposals  or  bids  shall  be  held  by  the 
city  clerk  of  said  city  until  the  contract  for  do- 
ing said  work,  as  hereinafter  provided,  has  been 
entered  into,  either  by  said  lowest  bidder  or  by  the 
OAvners  of  three-fourths  part  of  the  frontage, 
whereupon  said  certified  check  shall  be  returned 
to  said  bidder.     But  if  said  bidder  fails,  neglects 


streets.  1121 

or  refuses  to  enter  into  the  contract  to  perform 
said  work  or  improvement,  as  hereinafter  provid- 
ed, then  the  certified  check  accompanying  his  bid 
and  the  amount  therein  mentioned,  shall  be  de- 
clared to  be  forfeited  to  said  city,  and  shall  be 
collected  by  it  and  paid  into  its  fund  for  repairs 
of  streets,  and  any  bond  forfeited  may  be  prose- 
cuted, and  the  amount  due  thereon  collected  and 
paid  into  said  fund.  Notice  of  such  awards  of 
contracts  shall  be  posted  for  five  days,  in  the 
same  manner  as  hereinbefore  provided  for  the 
posting  of  proposals  for  said  work,  and  shall  be 
published  for  two  days  in  a  daily  newspaper  pub- 
lished and  circulated  in  said  city  and  designated 
by  said  city  council,  or  in  cities  where  there  is  no 
daily  newspaper,  by  one  insertion  in  a  semi-week- 
ly or  weekly  newspaper  so  published,  circulated 
and  designated;  provided,  however,  that  in  case 
there  is  no  newspaper  printed  or  published  in  any 
such  city,  then  such  notice  of  award  shall  only 
be  kept  posted  as  hereinbefore  provided.  The 
owners  of  three-fourths  of  the  frontage  of  lots 
and  lands  upon  the  streets  whereon  said  work  is 
to  be  done,  or  their  agents,  and  who  shall  make 
oath  that  they  are  such  owners  or  agents,  shall 
not  be  required  to  present  sealed  proposals  or 
bids,  but  may,  within  ten  days  after  the  first  post- 
ing and  publication  of  said  notice  of  said  award, 
elect  to  take  said  work  and  enter  into  a  written 
contract  to  do  the  whole  work  at  the  price  at 
which  the  same  has  been  awarded.  Should  the 
said  owners  fail  to  elect  to  take  said  work,  and 
to  enter  into  a  written  contract  therefor  within 
ten  days,  or  to  commence  the  work  within  fifteen 
days  after  the  first  posting  and  publishing  of  said 
award,  and  to  prosecute  the  same  with  diligence 
to  completion,  it  shall  be  the  duty  of  the  superin- 
tendent of  streets  to  enter  into  a  contract  with 
the  original  bidder  to  whom  the  contract  was 
awarded,  and  at  the  prices  specified  in  his  bid. 
But  if  such  original  bidder  neglects,  fails  or  re- 
fuses, for  fifteen  days  after  the  first  posting  and 
publication  of  the  notice  of  award,  to  enter  into 


1122  Streets. 

the  contract,  then  the  city  council,  without  fur- 
ther proceedings,  shall  again  advertise  for  pro- 
posals or  bids,  as  in  the  first  instance,  and  award 
the  contract  for  the  said  work  to  the  then  lowest 
regular  bidder.  The  bids  of  all  persons  and  the 
election  of  all  owners,  as  aforesaid,  who  have 
failed  to  enter  into  the  contract  as  herein  pro- 
vided, shall  be  rejected  in  any  bidding  or  election 
subsequent  to  the  first  for  the  same  work.  If 
the  owner  or  contractor,  who  may  have  taken  any 
contract,  do  not  complete  the  same  within  the 
time  limited  in  the  contract,  or  within  such  fur- 
ther time  as  the  city  council  may  give  them,  the 
superintendent  of  streets  shall  report  such  delin- 
quency to  the  city  council  which  may  relet  the  un- 
finished portion  of  said  worlv,  after  pursuing  the 
formalities  prescribed  hereinbefore  for  the  letting 
of  the  whole  in  the  first  instance.  All  contractors, 
contracting  owners  included,  shall,  at  the  time  of 
executing  any  contract  for  street  work,  execute 
a  bond  to  the  satisfaction  and  approval  of  the 
superintendent  of  streets  of  said  city,  with  two  or 
more  sureties  and  payable  to  such  city,  in  such 
sums  as  the  mayor  shall  deem  adequate,  condi- 
tioned for  the  faithful  performance  of  the  con- 
tract; and  the  sureties  shall  justify  before  any 
person  competent  to  administer  an  oath,  in  double 
the  amount  mentioned  in  said  bond,  over  and 
above  all  statutory  exemptions.  Before  being  en- 
titled to  a  contract,  the  bidder  to  whom  the  award 
was  made,  or  the  owners  who  have  elected  to  take 
the  contract,  must  advance  to  the  superintendent 
of  streets,  for  payment  by  him,  the  cost  of  publi- 
cation of  the  notices,  resolutions,  orders,  or  other 
incidental  expenses  and  matters  required  under 
the  proceedings  prescribed  in  this  act,  and  such 
other  notices  as  may  be  deemed  requisite  by  the 
city  council.  And  in  case  the  work  is  abandoned 
by  the  city  before  the  letting  of  the  contract,  the 
incidental  expenses  incurred  previous  to  such 
abandonment  shall  be  paid  out  of  the  city  treas- 
ury. [Amendment  approved  March  31,  18^; 
Stats.  1891,  p.  196.] 


streets.  1123 

Sec.  G.  The  superintendent  of  streets  is  hereby 
authorized,  in  his  official  capacity,  to  make  all 
written  contracts,  and  receive  all  bonds  author- 
ized by  this  act,  and  to  do  any  other  act,  either 
express  or  implied,  that  pertains  to  the  street  de- 
partment under  this  act;  and  he  shall  fix  the  time 
for  the  commencement,  which  shall  not  be  more 
than  fifteen  days  from  the  date  of  the  contract, 
and  for  the  completion  of  the  work  under  all  con- 
tracts entered  into  by  him,  which  work  shall  be 
prosecuted  with  diligence  from  day  to  day  there- 
after to  completion,  and  he  may  extend  the  time 
so  fixed  from  time  to  time,  under  the  direction  of 
the  city  council.  The  work  provided  for  in  sec- 
tion two  of  this  act  must,  in  all  cases,  be  done 
under  the  direction  and  to  the  satisfaction  of  the 
superintendent  of  streets,  and  the  materials  used 
shall  comply  with  the  specifications  and  be  to  the 
satisfaction  of  said  superintendent  of  streets,  and 
all  contracts  made  therefor  must  contain  a  provis- 
ion to  that  effect,  and  also  express  notice  that,  in 
no  case,  except  where  it  is  otherwise  provided  in 
this  act,  will  the  city,  or  any  officer  thereof,  be 
liable  for  any  portion  of  the  expense,  nor  for  any 
delinquency  of  persons  or  property  assessed.  The 
city  council  may,  by  ordinance,  prescribe  general 
rules  directing  the  superintendent  of  streets  and 
the  contractor  as  to  the  materials  to  be  used,  and 
the  mode  of  executing  the  work,  under  all  con- 
tracts thereafter  made.  The  assessment  and  ap- 
portionment of  the  expenses  of  all  such  work  or 
improvement  shall  be  made  by  the  superintendent 
of  streets  in  the  mode  herein  provided. 

Sec.  61,^.  Every  contractor,  person,  company,  or 
corporation,  including  contracting  owners,  to 
whom  is  awarded  any  contract  for  street  Avork 
under  this  act,  shall,  before  executing  the  said 
contract,  file  with  the  superintendent  of  streets 
a  good  and  sufficient  bond,  approved  by  the  mayor, 
in  a  sum  not  less  than  one-half  of  the  total  amount 
payable  by  the  terms  of  said  contract;  such  bond 
shall  be   executed  by  the  principal  and  at  least 


1124  Streets. 

two  sureties,  Avho  shall  qualify  for  double  the  sum 
speeined  iu  said  boud,  and  shall  be  made  to  inure 
to  the  benefit  of  any  and  all  persons,  companies, 
or  corporations  who  perform  labor  on,  or  furnish 
materials  to  be  used  in  the  said  work  of  improve- 
ment, and  shall  provide  that  if  the  contractor, 
person,  company,  or  corporation  to  whom  said  con- 
tract was  awarded  fails  to  pay  for  any  materials 
so  furnished  for  the  said  work  of  improvement,  or 
for  any  work  or  labor  done  thereon  of  any  kind, 
that  the  sureties  will  pay  the  same,  to  an  amount 
not  exceeding  the  sum  specified  in  said  bond.  Any 
materialman,  person,  company,  or  corporation,  fur- 
nishing materials  to  be  used  in  the  performance  of 
said  work  specified  in  said  contract,  or  who  per- 
formed work  or  labor  upon  the  said  improvement, 
whose  claim  ha,s  not  been  paid  by  the  said  con- 
tractor, company,  or  corporation,  to  whom  the  said 
contract  was  awarded,  may,  within  thirty  days 
from  the  time  said  improvement  is  completed,  file 
with  the  superintendent  of  streets  a  verified  state- 
ment of  his  or  its  claim,  together  with  a  statement 
that  the  same,  or  some  part  thereof,  has  not  been 
paid.  At  any  time  within  ninety  days  after  the 
filing  of  such  claim,  the  person,  company,  or  cor- 
poration, filing  the  same,  or  their  assigns,  may 
commence  an  action  on  said  bond  for  the  recovery 
of  the  amount  due  on  said  claim,  together  witli 
the  costs  incurred  in  said  action,  and  a  reasonable 
attorney  fee,  to  be  fixed  by  the  court,  for  the 
prosecution  thereof.  [New  section  approved  Feb- 
ruary 21,  1899;  Stats.  1899,  ch.  xxii.] 

Sec.  7.  Subdivision  One — The  expenses  incurred 
for  any  work  authorized  by  this  act  (which  ex- 
pense shall  not  include  the  cost  of  any  work  done 
in  such  portion  of  any  street  as  is  required  by 
law  to  be  kept  in  order  or  repair  by  any  person 
or  company  having  railroad  tracks  thereon,  nor 
include  work  which  shall  have  been  declared  in 
the  resolution  of  intention  to  be  assessed  on  a 
district  benefited)  shall  be  assessed  upon  the  lots 
and  lands  fronting  thereon,  except  as  hereinafter 


streets.  1125 

specifically  provided;  each  lot  or  portion  of  a  lot 
being  separately  assessed,  in  proportion  to  the 
frontage,  at  a  rate  per  front  foot  sufficient  to 
cover  the  total  expense  of  the  work. 

Subdivision  Two— The  expense  of  all  improve- 
ments, except  such  as  are  done  by  contractors  un- 
der the  provisions  of  section  thirteen  of  this  act, 
until  the  streets,  avenues,  street  crossings,  lanes, 
alleys,  places,  or  courts  are  finally  accepted,  as 
provided  in  section  tAventy  of  this  act,  shall  be  as- 
sessed upon  the  lots  and  lands,  as  provided  in  this 
section,  according  to  the  nature  and  character  of 
the  work;  and  after  such  acceptance  the  expense 
of  all  the  work  thereafter  done  thereon  shall  be 
paid  by  said  city  out  of  the  street  department 
fund. 

Subdivision  Three— The  expense  of  the  work  done 
on  main  street  crossings  shall  be  assessed  at  a  uni- 
form rate  per  front  foot  of  the  quarter  blocks  and 
irregular  blocks  adjoining  and  cornering  upon  the 
crossings,  and  separately  upon  the  whole  of  each 
lot  or  portion  of  a  lot  having  any  frontage  in  the 
said  blocks  fronting  on  said  main  streets,  half 
way  to  the  next  main  street  crossing,  and  all  the 
way  on  said  blocks  to  a  boundary  line  of  the  i^ity 
where  no  such  crossing  intervenes,  but  only  ac- 
cording to  its  frontage  in  said  quarter  blocks  and 
irregular  blocks. 

Subdivision  Four— Where  a  main  street  termi- 
nates in  another  main  street,  the  expenses  of  the 
work  done  on  one  half  of  the  widtn  of  the  street 
opposite  the  termination  shall  be  assessed  upon 
the  lots  in  each  of  the  two  quarter  blocks  adjoin- 
ing and  cornering  on  the  same,  according  to  the 
frontage  of  such  lots  on  said  main  streets,  and  the 
expense  of  the  other  half  of  the  width  of  said 
street  upon  the  lot  or  lots  fronting  on  the  latter 
half  of  the  street  at  such  termination. 

Subdivision  Five— Where  any  alley  or  subdi- 
vision street  crosses  a  main  street,  the  expense  of 
all  work  done  on  said  crossing  shall  be  assessed 
on  all  lots  or  portions  of  lots  half  way  on  said 


1126  Streets. 

alley  or  subdivision  street  to  the  next  crossing  or 
intersection,  or  to  tlie  end  of  such  alley  or  subdi- 
vision street,  if  it  does  not  meet  another. 

Subdivision  Six— The  expense  of  worli  done  on 
alley  or  subdivision  street  crossings  shall  be  as- 
sessed upon  the  lots  fronting  upon  such  alley  or 
subdivision  streets  on  each  side  thereof,  in  all  di- 
rections, half  way  to  the  next  street,  place  or 
court,  on  either  side,  respectively,  or  to  the  end 
of  such  alley  or  subdivision  street,  if  it  does  not 
meet  another. 

Subdivision  Seven— Where  a  suwdlvli^ion  stn;ft, 
avenue,  lane,  alley,  place,  or  court  terminat-.is  m 
another  street,  avenue,  lane,  alley,  place,  or  court, 
the  expense  of  the  work  done  on  one  half  of  the 
width  of  the  subdivision  street,  avenue,  lane,  al- 
ley, place,  or  court  opposite  the  termination,  shall 
be  assessed  upon  the  lot  or  lots  fronting  on  such 
subdivision  street,  or  avenue,  lane,  alley,  place,  or 
court  so  terminating,  according  to  its  frontage 
thereon,  half  way  on  each  side,  respectively,  to 
the  next  street,  avenue,  lane,  alley,  court,  or  place, 
or  to  the  end  of  such  street,  avenue,  lane,  alley, 
place,  or  court,  if  it  does  not  meet  another,  and 
the  other  one  half  of  the  width  upon  the  lots 
fronting  such  termination. 

Subdivision  Eight— Where  any  work  mentioned 
in  this  act  (manholes,  cesspools,  culverts,  cross- 
walks, piling,  and  capping  excepted)  is  done  on 
either  or  both  sides  of  the  center  line  of  ary 
street  for  one  block  or  less,  and  further  work  op- 
posite to  the  work  of  the  same  class  already  done 
is  ordered  to  be  done  to  complete  the  unimproved 
portion  of  said  street,  the  assessment  to  cover  the 
total  expenses  of  said  work  so  ordered  shall  be 
made  upon  the  lots  or  portions  of  the  lots  only 
fronting  the  portions  of  the  work  so  ordered.  And 
when  sewering  or  resewering  is  ordered  to  be 
done  under  the  sidewalk  on  only  one  side  of  a 
street  for  anj'^  length  thereof,  the  assessment  for 
its  expenses  shall  be  made  only  upon  the  lots  Mcd 
lands  fronting  nearest  upon  that  side,  and  for  in- 


streets.  1127 

tervening  intersections  only  upon  the  two  quar- 
ter blocks  adjoining  and  cornering  upon  that  s'de. 

Subdivision  Nine— Section  one  of  chapter  three 
hundred  and  twenty-five  of  the  laws  of  this  state, 
entitled  "An  Act  amendatory  of  and  supplem  3jit- 
ary  to  'An  act  to  provide  revenue  for  the  support 
of  the  government  of  this  State,'  approved  April 
twenty-ninth,  eighteen  hundred  and  fifty-seven," 
approved  April  nineteenth,  eighteen  hundred  ai  d 
fifty-nine,  shall  not  be  applicable  ro  the  provis- 
ions of  this  section;  but  the  property  herein  men- 
tioned shall  be  subject  to  the  provisions  of  this 
act,  and  be  assessed  for  work  done  under  The  pro- 
visions of  this  section. 

Subdivision  Ten— It  shall  be  lawful  for  the  own- 
er or  owners  of  lots  or  lands  fronting  .ipon  aLy 
street,  the  width  and  grade  of  which  have  been 
established  by  the  city  council,  to  perform,  at  his 
or  their  own  expense  (after  obtaining  permission 
from  the  council  so  to  do,  but  before  said  council 
has  passed  its  resolution  of  intention  to  order 
grading  inclusive  of  this),  any  grading  upon  said 
street,  to  its  full  width,  or  to  the  center  line  there- 
of, and  to  its  grade  as  then  established,  and  there- 
upon to  procure,  at  his  or  their  own  expense,  a 
certificate  from  the  city  engineer,  setting  forth  the 
number  of  cubic  yards  of  cutting  and  filling  i:iade 
by  him  or  them  in  said  grading,  and  the  propor- 
tions performed  by  each  owner,  and  that  the  same 
is  done  to  the  established  width  and  grade  of  said 
street,  or  to  the  center  line  thereof,  and  thereafter 
to  file  said  certificate  with  the  superintendent  of 
streets,  which  certificate  the  superintendent  snail 
record  in  a  book  kept  for  that  purpose  in  his  of- 
fice, properly  indexed.  Whenever  thereafter  the 
city  council  orders  the  grading  of  said  street,  or 
any  portion  thereof,  on  which  any  ^^radiig  certi- 
fied as  aforesaid  has  been  done,  the  bids  and  con- 
tracts must  express  the  price  by  the  cubic  yard 
for  cutting  and  filling  in  grading;  and  the  j-aid 
owner  or  owners,  and  his  or  their  successors  in 
interest,  shall  be  entitled  to  credit,  on  the  assess- 


1128  Streets. 

ment  upon  his  or  their  lots  and  lands  frontin?^  on 
said  streets  for  the  grading  thereof,  to  the  r  mount 
of  the  cubic  yard  of  cutting  and  filling  set  forth 
in  his  or  their  said  certificate,  at  the  juices  named 
in  the  contract  for  said  cutting  and  filling;  or,  if 
the  grade  meanwhile  has  been  duly  altered,  only 
for  so  much  of  said  certified  work  as  would  be 
required  for  grading  to  the  altered  grade;  provid- 
ed, however,  that  such  owner  or  owners  shall  not 
be  entitled  to  such  credit  as  may  be  in  excess  of 
the  assessments  for  grading  upon  the  lots  and 
lands  owned  by  him  or  them,  and  proportionately 
assessed  for  the  whole  of  said  grading;  and  the 
superintendent  of  streets  shall  include  in  the  as- 
sessment for  the  whole  of  said  grading  uiM)n  the 
same  grade  the  number  of  cubic  yards  of  cutting 
and  filling  set  forth  in  any  and  ail  certificates  so 
recorded  in  his  offiice,  or  for  the  whole  of  said 
grading  to  the  duly  altered  grade  so  much  of  said 
certified  work  as  would  be  required  for  grading 
thereto,  and  shall  enter  corresponding  credits,  de- 
ducting the  same  as  payments  upon  the  jimounts 
assessed  against  the  lots  and  lands  owned,  re- 
spectively, by  said  certified  owners  and  their  suc- 
cessors in  interest;  provided,  however,  that  he 
shall  not  so  include  any  grading  quantities  or 
credit  any  sums  in  excess  of  the  proportionate  as- 
sessments for  the  whole  of  the  grading  which  are 
made  upon  any  lots  and  lands  fronting  upon  said 
street  and  belonging  to  any  such  certified  own- 
ers or  their  successors  in  interest  whenever  any 
owner  or  owners  of  any  lots  and  lands  fronting 
on  any  street  shall  have  heretofore  done,  or  shall 
hereafter  do,  any  work  (except  grading)  on  such 
street,  in  front  of  any  block,  at  his  or  their  own 
expense,  and  the  city  council  shall  subsequently 
order  any  work  to  be  done  of  the  same  class  in 
front  of  the  same  block,  said  work  so  done  at  the 
expense  of  such  owner  or  owners  shall  be  excepted 
from  the  order  ordering  work  to  t>e  done,  as  pro- 
vided in  subdivision  eleven  of  this  section  of  this 
act;  provided,  that  the  work  so  done  at  the  ex- 


streets.  1129 

peiise  of  such  owuer  or  owners,  shall  be  upon  the 
offiicial  grade,  and  in  condition  satisfactory  to  the 
street  superintendent  at  the  time  said  order  is 
passed. 

Subdivision  Eleven— The  city  council  may  in- 
clude in  one  resolution  of  intentiO'ii  and  order  any 
of  the  different  kinds  of  worli  mentioned  in  this 
act,  and  it  may  except  therefrom  any  of  said 
work  already  done  upon  the  street  to  the  official 
grade.  The  lots  and  portions  of  lots  fronting  up- 
on said  excepted  work  already  done  shall  not  be 
included  in  the  frontage  assessment  for  the  class 
of  work  from  which  the  exception  is  made;  pro- 
vided, that  this  shall  not  be  construed  so  as  to  af- 
fect the  special  provisions  as  to  grading  contain- 
ed in  subdivision  ten  of  this  section. 

Subdivision  Twelve — Whenever  the  resolution  of 
intention  declares  that  the  costs  and  expenses  of 
the  work  and  improvement  are  to  be  assessed  up- 
on a  district,  the  city  council  shall  direct  the  city 
engineer  to  make  a  diagram  of  the  property  af- 
fected or  benefited  by  the  proposed  work  or  im- 
provement, as  described  in  the  resolution  of  in- 
tention, and  to  be  assessed  to  pay  the  expenses 
thereof.  Such  diagram  shall  show  each  separate 
lot,  piece  or  parcel  of  land,  the  area  in  square  feet 
of  each  of  such  lots,  pieces,  or  parcels  of  land,  and 
the  relative  location  of  the  same  to  the  work  pro- 
posed to  be  done,  all  within  the  limits  of  the  as- 
sessment district;  and  when  said  diagram  shall 
have  been  approved  by  the  city  council,  the  clerk 
shall,  at  the  time  of  such  approval,  certify  the 
fact  and  date  thereof.  Immediately  thereafter 
the  said  diagram  shall  be  delivered  to  the  super- 
intendent of  streets  of  said  city,  who  shall  after 
the  contractor  of  any  street  work  has  fulfilled  his 
contract  to  the  satisfaction  of  said  superintendent 
of  streets  or  city  council,  on  appeal,  proceed  to 
estimate  upon  the  lands,  lots  or  portions  of  lots 
within  said  assessment  district,  as  shown  by  said 
diagram,  the  benefits  arising  from  such  work,  and 
to  .be  received  by  each  such  lot,  portion  of  such 
Gen.  L  ws— 95. 


1130  Streets. 

lot,  piece,  or  subdivision  of  land,  and  shall  there- 
upon assess  upon  and  against  said  lands  in  said 
assessment  district  the  total  amount  of  the  costs 
and  expenses  of  such  proposed  worli,  and  in  so 
doing  shall  assess  said  total  sum  upon  the  several 
pieces,  parcels,  lots,  or  portions  of  lots,  and  sub- 
divisions of  land  in  said  district  benefited  thereby, 
to  wit:  Upon  each  respectively,  in  proportion  to 
the  estimated  benefits  to  be  received  by  each  of 
said  several  lots,  portions  of  lots,  or  subdivisions 
of  land.  In  other  respects  the  assessment  shall 
be  as  provided  in  the  next  section,  and  the  pro- 
visions of  subdivisions  three,  four,  five,  six,  seven, 
and  eight  of  this  section  shall  not  be  applicable  to 
the  work  or  improvement  provided  for  in  this  sub- 
division. [Amendment  approved  March  31,  1891: 
Stats.  1891,  p.  196.] 

See.  8.  After  the  contractor  of  any  street  worli 
has  fulfilled  his  contract  to  the  satisfa3tion  of  the 
street  superintendent  of  said  city,  or  city  council 
on  appeal,  the  street  superintendent  shall  malie 
an  assessment  to  cover  the  sum  due  for  the  work 
performed  and  specified  in  said  contract  (includ- 
ing any  incidental  expenses),  in  conformity  with 
the  provisions  of  the  preceding  section  according 
to  the  character  of  the  work  done;  or,  if  any  direc- 
tion and  decision  be  given  by  said  council  on  ap- 
peal, then  in  conformity  with  such  direction  and 
decision,  which  assessment  shall  briefly  refer  to 
the  contract,  the  work  contracted  for  and  per- 
formed, and  shall  show  the  amount  to  be  paid 
therefor,  together  with  any  incidental  expenses, 
the  rate  per  front  foot  assessed,  if  the  assessment 
be  made  per  front  foot,  the  amount  of  each  assess- 
ment, the  name  of  the  owner  of  each  lot,  or  por- 
tion of  a  lot  (if  Ivuown  to  the  street  superinten- 
dent); if  unknown  the  word  "unknown"  shall  be 
written  opposite  the  number  of  the  lot,  and  the 
amount  assessed  thereon,  the  number  of  each  lot 
or  portion  or  portions  of  a  lot  assessed,  and  si* all 
have  attached  thereto  a  diagram  exhibiting  each 
street  or  street    crossing,   lane,    alley,    place,   or 


streets.  1131 

court,  on  which  any  work  has  been  done,  and 
showinjr  the  relative  location  of  each  district,  lot, 
or  portion  of  lot  to  the  work  done,  number<^d  to 
correspond  with  the  numbers  in  the  .issessments, 
and  showing  the  number  of  feet  fronting,  or  num- 
ber of  lots  assessed,  for  said  work  contract'^!  for 
and  performed.  [Amendment  approved  March 
14,  1889;  Stats.  1889,  p.  157.] 

Sec.  9.  To  said  assessment  shall  be  attached  a 
warrant,  which  shall  be  signed  by  rne  superinten- 
dent of  streets,  and  countersigned  by  the  mayor 
of  said  city.  The  said  warrant  shall  be  substan- 
tially in  the  following  form: 

Form  of  the  Warrant. 

By  virtue  hereof,  I  (name  of  the  superintendent 

of  streets),  of  the  city  of  ,  county  of  

(or  city  and  county  of  ),  and  State  of  Cali- 
fornia, by  virtue  of  the  authority  vested  in  me  as 
said  superintendent  of  streets,  do  authorise  and 
empower  (name  of  contractor),  (his  or  their) 
agents  or  assigns,  to  demand  and  receive  the  sev- 
eral assessments  upon  the  assessment  and  dia- 
gram hereto  attached,  and  this  shall  be  (his  or 
their)  warrant  for  the  same. 

(Date.) 

(name  of  Superintendent  of  Streets.) 

Countersigned  by  (name  of  Mayor.) 

Said  warrant,  assessment,  and  diagram,  togeth- 
er with  the  certificate  of  the  citj'  engineer,  shall 
be  recorded  in  the  office  of  said  superintendent  of 
streets.  When  so  recorded,  the  several  amounts 
assessed  shall  be  a  lien  upon  the  lands,  lots,  or 
portions  of  lots  assessed,  respectively,  for  the  pe- 
riod of  two  years  from  the  date  of  said  recording,, 
unless  sooner  discharged;  and  from  find  >  f ter  the 
date  of  said  recording  of  any  warrant,  assessment, 
diagram  and  certificate,  all  persons  mentioned  in 
section  eleven  of  this  act  shall  be  dee  nod  to  have 
notice  of  the  contents  of  the  record  thereof.  Afier 
said  warrant,  assessment,  diagram,  ".nd  certificate 
are  recorded,  the  same  shall  be  delivered  to  the 


1132  Streets. 

contractor,  or  his  agent,  or  assigas,  on  demand, 
but  not  until  after  the  payment  lo  the  said  su- 
perintendent of  streets  of  the  incidental  expenses 
not  previously  paid  by  the  contractor,  or  his  as- 
signs; and  by  virtue  of  said  warrant  said  eon- 
tractor,  or  his  agent  or  assigns,  shall  be  author- 
ized to  demand  and  receive  the  amount  of  the 
several  assessments  made  to  cover  the  sum  due 
for  the  worii  specified  in  such  contracts  ai'd  as- 
sessments. Whenever  it  shall  appear  by  any  final 
judgment  of  any  court  of  this  state  that  r.ny  suit 
brought  to  foreclose  the  lien  of  any  sum  of  money 
assessed  to  cover  the  expense  of  said  street  work 
done  under  the  provisions  of  this  act  has  been  de- 
feated by  reason  of  any  defect,  error,  informality, 
omission,  irregularity,  or  illegality  in  any  assess- 
ment hereafter  to  be  made  and  issued,  or  in  the 
recording  thereof,  or  in  the  return  thereof  n  ade 
to  or  recorded  by  said  superintendant  of  streets, 
any  person  interested  therein  may,  at  any  time 
within  three  months  after  the  entry  of  said  final 
judgment,  apply  to  said  superiateadont  of  streets 
who  issued  the  same,  or  to  any  superintendent  of 
streets  in  office  at  the  time  of  said  application, 
for  another  assessment  to  be  issu'id  in  couforifiity 
to  law;  and  said  superintendent  shall,  within  fif- 
teen days  after  the  date  of  said  application,  make 
and  deliver  to  said  applicant  a  new  assessment, 
diagram,  and  warrant  in  accordance  with  law; 
and  the  acting  mayor  shall  countersign  the  same 
as  now  provided  by  law,  which  assess moni  shall 
be  a  lien  for  the  period  of  two  years  fromthe  date 
of  said  assessment,  and  be  enforced  as  provided 
in  section  seven  of  this  act.  l Amendment  ap- 
proved March  31,  1891;  Stats.  1891,  p.  196.] 

Sec.  10.  The  contractor,  or  his  assigns,  or  some 
person  in  his  or  their  behalf,  shall  call  upon  the 
persons  assessed,  or  their  agents,  if  they  cim  con- 
veniently be  found,  and  demand  payment  of  the 
amount  assessed  to  each.  If  any  payment  be 
made  the  contractor,  his  assigns,  g>r  some  person 
in  his  or  their  behalf,  shall  receipt  the  same  upon 


streets.  1133 

the  assessment  in  presence  of  the  person  making 
such  payment,  and  shall  also  give  a  sepavatti  re- 
ceipt if  demanded.  Whenever  the  person  so  as- 
sessed, or  their  agents,  cannot  conveniently  be 
found,  or  whenever  the  name  of  the  owner  of  the 
lot  is  stated  as  "unknown"  on  the  assessment, 
then  the  said  contractor,  or  his  assigns,  <  r  some 
person  in  his  or  their  behalf,  shall  puDlicly  de- 
mand payment  on  the  premises  assessed.  The 
warrant  shall  be  returned  to  the  superintendent 
of  streets  within  thirty  days  after  its  date,  with 
a  return  indorsed  thereon,  signed  by  the  contract- 
or, or  his  assigns,  or  some  person  in  his  or  their 
behalf,  verified  upon  oath,  stating  the  nature  and 
character  of  the  demand,  and  whether  any  of  the 
assessments  remain  unpaid,  in  whole  or  in  part, 
and  the  amount  thereof.  Thereupon  the  super- 
intendent of  streets  shall  record  the  return  so 
made,  in  the  margin  of  the  record  of  the  wan  ant 
and  assessment,  and  also  the  original  c. )ii tract 
referred  to  therein,  if  it  has  not  already  been  re- 
corded at  full  length  in  a  book  to  be  kept  for  that 
purpose  in  his  office,  and  shall  sign  the  r(  cord. 
The  said  superintendent  of  streets  is  authorized 
at  any  time  to  receive  the  amount  due  jpon  nny 
assessment  list  and  warrant  issued  by  him,  and 
give  a  good  and  sufficient  discharge  therefor; 
provided,  that  no  such  payment  so  made  after  suit 
has  been  commenced,  without  the  consent  of  the 
plaintiff  in  the  action,  shall  operate  as  a  complete 
discharge  of  the  lien  until  the  costs  in  the  action 
shall  be  refunded  to  the  plaintiff;  and  he  may 
release  any  assessment  upon  the  books  of  his 
office,  on  the  payment  to  him  of  the  amount  of 
the  assessment  against  any  lot  with  interest,  or 
on  the  production  to  him  of  the  receipt  of  the 
party  or  his  assigns  to  whom  the  assessment  and 
warrant  were  issued;  and  if  any  contractor  shall 
fail  to  return  his  warrant  within  the  time  and  in 
the  form  provided  in  this  section,  he  shall  thence- 
forth have  no  lien  upon  the  property  assess(?d; 
provided,  however,  that  in  case  any  warrant  is 


1134  Streets. 

lost,  upon  proof  of  such  loss  a  duplicate  can  be 
issued,  upon  which  a  return  may  be  made,  with 
the  same  effect  as  if  the  original  had  been  so  re- 
turned. After  the  return  of  the  assessment  and 
warrant  as  aforesaid,  all  amounts  remaining  due 
thereon  shall  draw  interest  at  the  rate  of  ten  per 
cent  per  annum  until  paid. 

Sec.  11.  The  owners,  whether  named  in  the 
assessment  or  not,  the  contractor,  or  his  assigns, 
and  all  other  persons  directly  interested  in  any 
worli  provided  for  in  this  act,  or  in  the  assess- 
ment, feeling  aggrieved  by  any  act  or  determina- 
tion of  the  superintendent  of  streets  in  relation 
thereto,  or  who  claim  that  the  work  has  not  been 
performed  according  to  the  contract  in  a  good  and 
substantial  manner,  or  having  or  making  any  ob- 
jection to  the  correctness  or  legality  of  the  as- 
sessment or  other  act,  determination,  or  proceed- 
ings of  the  superintendent  of  streets,  shall,  within 
thirty  days  after  the  date  of  the  warrant,  appeal 
to  the  city  council,  as  provided  in  this  section,  by 
briefly  stating  their  objections  in  writing,  and 
filing  the  same  with  the  clerk  of  said  city  council. 
Notice  of  the  time  and  place  of  the  hearing,  briefly 
referring  to  the  work  contracted  to  be  doae,  or 
other  subject  of  appeal,  and  to  the  acts,  deter- 
minations, or  proceedings  objected  to  or  com- 
plained of,  shall  be  published  for  five  days.  Upon 
such  appeal,  the  said  city  council  may  remedy 
and  correct  any  eiTor  or  informality  in  the  pro- 
ceedings, and  revise  and  correct  any  of  the  acts 
or  determinations  of  the  superintendent  of  streets 
relative  to  said  work;  may  confirm,  amend,  set 
aside,  alter,  modify,  or  correct  the  assessment  in 
such  manner  as  to  them  shall  seem  just,  and  re- 
quire the  work  to  be  completed  according  to  the 
directions  of  the  city  council;  and  may  instruct 
and  direct  the  superintendent  of  streets  to  correct 
the  warrant,  assessment,  or  diagram  in  any  par- 
ticular, or  to  make  and  issue  a  new  warrant,  as- 
sessment, and  diagram,  to  conform  to  the  decis- 
ions of  said  city  council  in  relation  thereto,   at 


streets.  1135 

their  option.  All  the  decisions  and  determina- 
tions of  said  city  council,  upon  notice  and  hearing 
as  aforesaid,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  appeal  under  the  provisions 
of  this  section,  as  to  all  errors,  informalities,  and 
irregularities  which  said  city  council  might  have 
remedied  and  avoided;  and  no  assessment  shall 
be  held  invalid,  except  upon  appeal  to  the  city 
council,  as  provided  in  this  section,  for  any  error, 
informality,  or  other  defect  in  any  of  the  proceed- 
ings prior  to  the  assessment,  or  in  the  assess- 
ment itself,  where  notice  of  the  intention  of  the 
city  council  to  order  the  work  to  be  done,  for 
which  the  assessment  is  made,  has  been  actually 
published  in  any  designated  newspaper  of  said 
city  for  the  length  of  time  prescribed  by  law, 
before  the  passage  of  the  resolution  ordering  the 
work  to  be  done. 

Sec.  12.  At  any  time  after  the  period  of  thirty- 
five  days  from  the  day  of  the  date  of  the  war- 
rants, as  herein  provided,  or  if  an  appeal  is  taken 
to  the  city  council,  as  provided  in  section  eleven 
of  this  act,  at  any  time  after  five  days  from  the 
decision  of  said  council,  or  after  the  return  of  the 
warrant  or  assessment,  after  the  same  may  have 
been  corrected,  altered,  or  modified,  as  provided  in 
said  section  eleven  (but  not  less  than  thirty-five 
days  from  the  date  of  the  warrant),  the  contractor 
or  his  assignee  may  sue,  in  his  own  name,  the 
owner  of  the  land,  lots,  or  portions  of  lots,  as- 
sessed on  the  day  of  the  date  of  the  recording  of 
the  warrant,  assessment,  and  diagram,  or  any 
day  thereafter  during  the  continuance  of  the  lien 
of  said  assessment,  and  recover  the  amount  of 
any  assessment  remaining  unpaid,  with  interest 
thereon  at  the  rate  of  ten  per  cent  per  annum 
until  paid.  And  in  all  cases  of  recovery  under  the 
provisions  of  this  act,  the  plaintiff  shall  recover 
the  sum  of  fifteen  dollars,  in  addition  to  the  tax- 
able cost  as  attorney's  fees,  but  not  any  percent- 
age upon  said  recovery.    And  when  suit  has  been 


1136  Streets. 

brought,  after  a  personal  demand  lias  been  made 
and  a  refusal  to  pay  such  assessment  so  demand- 
ed, the  plaintiff  shall  also  be  entitled  to  have  and 
recover  said  sum  of  fifteen  dollars  as  attorney's 
fees,  in  addition  to  all  taxable  costs,  notwith- 
standing that  the  suit  may  be  settled  or  a  tender 
may  be  made  before  a  recovery  in  said  action, 
and  he  may  have  judgment  therefor.  Suit  may 
be  brought  in  the  superior  court  within  whose 
jurisdiction  the  city  is  in  which  said  worli  has 
been  done,  and  in  case  any  of  the  assessments  are 
made  against  lots,  portions  of  lots,  or  lands  the 
owners  thereof  cannot,  with  due  diligence,  be 
found,  the  service  in  each  of  such  actions  may  be 
had  in  such  manner  as  is  prescribed  in  the  codes 
and  laws  of  this  state.  The  said  warrant,  assess- 
ment, certificate,  and  diagram,  with  the  affidavit 
of  demand  and  non-payment,  shall  be  held  prima 
facie  evidence  of  the  regularity  and  correctness  of 
the  assessment  and  of  the  prior  proceedings  and 
acts  of  the  superintendent  of  streets  and  city 
council  upon  which  said  warrant,  assessment,  and 
diagram  are  based,  and  like  evidence  of  the  right 
of  the  plaintiff'  to  recover  in  the  action.  The 
court  in  which  said  suit  shall  be  commenced  shall 
have  power  to  adjudge  and  decree  a  lien  against 
the  premises  assessed,  and  to  order  such  premises 
to  be  sold  on  execution,  as  in  other  cases  of  the 
sale  of  real  estate  by  the  process  of  said  courts; 
and  on  appeal,  the  appellate  courts  shall  be  vested 
with  the  same  power  to  adjudge  and  decree  a  lien 
and  to  order  such  premises  to  be  sold  on  execution 
or  decree  as  is  conferred  on  the  court  from  which 
an  appeal  is  taken.  Such  premises,  if  sold,  may  be 
redeemed  as  in  other  cases.  In  all  suits  now  pend- 
ing, or  hereafter  brought  to  recover  street  assess- 
ments, the  proceedings  therein  shall  be  governed 
and  regulated  by  the  provisions  of  this  act,  and 
also,  when  not  in  conflict  herewith,  by  the  codes 
of  this  state.  This  act  shall  be  liberally  construed 
to  effect  the  ends  of  justice.  [Amendment  ap- 
proved, March  14,  1889;  Stats.  1889,  p.  168.] 


streets.  1137 

Sec.  12V^.  The  city  council,  ineitead  of  waiting 
until  the  completion  of  the  improvement,  may,  in 
its  discretion,  and  not  otherwise,  apon  the  com- 
pletion of  two  blocks  or  more  of  any  improve- 
ment, order  tlie  street  superintendent  to  malie  an 
assessment  for  the  proportionate  amount  of  the 
contract  completed,  and  thereupon  proceedin^rs 
and  rights  of  collection  of  such  proportionate 
amount  shall  be  had  as  in  sections  eight,  nine,  ten. 
eleven,  and  twelve  of  the  act  of  which  this  is 
amendatory  is  provided.  [New  section  added 
March  14,  1889;  Stats.  1889,  p.  169,  and  approved 
March  14,  1889;  Stats.  1889,  p.  169.] 

Sec.  13.  When  any  portion  of  any  street,  ave- 
nue, laue,  alley,  court,  or  place  in  said  city  im- 
proved, or  any  sidewalk  constructed  thereon  shall 
be  out  of  repair,  or  needing  reconstruction,  and  in 
condition  to  endanger  persons  or  property  passing 
thereon,  or  in  condition  to  interfere  with  the  pub- 
lic convenience  in  the  use  thereof,  it  shall  be  the 
duty  of  said  superintendent  of  streets  to  require, 
by  notice  in  writing,  to  be  delivered  to  them  or 
their  agents  personally,  or  left  on  the  premises 
the  owners  or  occupants  of  lots  or  portions  of  lots 
fronting  on  said  portion  of  said  street,  avenue, 
alley,  lane,  court,  or  place,  or  of  said  portion  of 
said  sidewalk  so  out  of  repair  or  needing  recon- 
struction as  aforesaid,  to  repair  or  reconstruct,  or 
to  do  both,  forthwith,  said  portion  of  said  street, 
avenue,  lane,  alley,  court,  or  place,  to  the  center 
line  of  said  street  in  front  of  the  property  of  which 
he  is  the  owner,  or  tenant,  or  occupant,  and  said 
superintendent  of  streets  shall  particularly  specify 
in  said  notice  what  work  is  required  to  be  done, 
and  how  the  same  is  to  be  done,  and  what  ma- 
terial shall  be  used  in  said  repairs,  or  reconstruc- 
tions, or  both.  If  said  repairs,  or  reconstructions, 
or  both,  be  not  commenced  within  three  days 
after  notice  given  as  aforesaid,  and  diligently 
and  without  interruption  prosecuted  to  comple- 
tion, the  said  superintendent  of  streets  may,  un- 
der authority  from  said  city  council,  make  such 


1138  Streets. 

repairs,  reconstruction,  or  both,  or  enter  into  a 
contract  with  any  suitable  person,  at  the  expense 
of  the  owner,  tenant,  or  occupant,  after  the  speci- 
eation  for  the  doing  of  said  work  shall  have  been 
conspicuously  posted  by  him  in  his  office  for  two 
days,  inviting  bids  for  the  doing  of  said  work, 
which  bids  shall  be  delivered  to  him  at  his  office 
on  or  before  the  second  day  of  said  posting,  and 
opened  by  him  on  the  next  day  following  the  ex- 
piration of  said  tw^o  days  of  posting,  and  the  con- 
tract by  him  be  awarded  to  the  lowest  bidder,  if 
such  lowest  bid,  in  the  judgment  of  said  street 
superintendent,  shall  be  reasonable.  All  of  said 
bids  shall  be  preserved  in  his  office  and  open  at 
all  times  after  the  letting  of  the  contract  to  the 
inspection  of  all  persons,  and  such  owner,  tenant, 
or  occupant  shall  be  liable  to  pay  said  contract 
price.  Such  work  shall  be  commenced  withiii 
twenty-four  hours  after  the  contract  shall  have 
been  signed,  and  completed  without  delay  to  the 
satisfaction  of  said  street  superintendent.  Upon 
the  completion  of  said  repairs,  or  reconstruction, 
or  both,  by  said  contractors  as  aforesaid,  to  the 
satisfaction  of  said  superintendent  of  streets,  said 
superintendent  of  streets  shall  make  and  deliver 
to  said  contractor  a  certificate  to  the  effect  that 
said  repairs,  or  reconstruction,  or  both,  have  been 
properly  made  by  said  contractor  to  the  grade, 
and  that  the  charges  for  the  same  are  reasonable 
and  just,  and  that  he,  said  superintendent,  has 
accepted  the  same.  [Amendment  approved  March 
14,  1889:  Stats.  1889,  p.  157.] 

Sec.  14.  If  the  expenses  of  the  work  and  ma- 
^:erial  for  such  improvement,  after  the  comple- 
tion thereof,  and  the  delivery  to  said  contractor 
of  said  certificate,  be  not  paid  to  the  contractor 
so  employed,  or  his  agent  or  assignee,  on  demand, 
the  said  contractor,  or  his  assignee,  shall  have  the 
right  to  sue  such  owner,  tenant,  or  occupant  for 
the  amount  contracted  to  be  paid;  and  said  certi- 
ficate of  the  superintendent  of  streets  shall  be 
prima  facie  evidence  of  the  amount  claimed  for 


streets.  1139 

said  work  and  materials,  and  of  the  right  of  the 
contractor  to  recover  for  the  same  in  such  action. 
Said  certificate  shall  be  recorded  by  the  said  su- 
perintendent of  streets  in  a  booli  kept  by  him  in 
his  office  for  that  purpose,  properly  indexed,  and 
the  sum  contracted  to  be  paid  shall  be  a  lien,  the 
same  as  provided  in  section  nine  of  this  act,  and 
may  be  enforced  in  the  same  manner. 

Sec.  15.  In  addition,  and  as  cumulative  to  the 
remedies  above  given,  the  city  council  shall  have 
povi^er,  by  resolution  or  ordinance,  to  prescribe  the 
penalties  that  shall  be  incurred  by  any  owner  or 
person  liable,  or  neglecting,  or  refusing  to  make 
repairs  vrhen  required,  as  provided  in  section  (13) 
thirteen  of  this  act,  which  fines  and  penalties  shall 
be  recovered  for  the  use  of  the  city  by  prosecu 
tion  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, in  the  court  having  jurisdiction  thereof, 
and  may  be  applied,  if  deemed  expedient  by  the 
said  council,  in  the  payment  of  the  expenses  of 
any  such  repairs  not  otherwise  provided  for. 

Sec.  IG,  The  person  owning  the  fee,  or  the  per- 
son in  whom,  on  the  day  the  action  is  commenced, 
appears  the  legal  title  to  the  lots  and  lands,  by 
deeds  duly  recorded  in  the  county  recorder's  office 
of  each  county,  or  the  person  in  possession  of 
lands,  lots,  or  portions  of  lots  or  buildings  under 
claim,  or  exercising  acts  of  ownership  over  the 
same  for  himself,  or  as  the  executor,  administra- 
tor, or  guardian  of  the  owner,  shall  be  regarded, 
treated,  and  deemed  to  be  the  "owner"  (for  the 
purpose  of  this  law),  according  to  the  intent  and 
meaning  of  that  word  as  used  in  this  act.  And 
in  case  of  property  leased,  the  possession  of  the 
tenant  or  lessee  holding  and  occupying  under  such 
persons  shall  be  deemed  to  be  the  possession  of 
such  owner. 

Sec.  17.  Any  tenant  or  lessee  of  the  lands  or 
lots  liable  may  pay  the  amount  assessed  against 
the  property  of  which  he  is  the  tenant  or  lessee 
under  the  provisions  of  this  act,  or  he  may  pay 
the  price  agreed  on  to  be  paid  under  the  provision 


1140  Streets. 

of  section  thirteen  of  this  act,  either  before  or 
after  suit  brought,  together  with  costs,  to  the  con- 
tractor ,  or  his  assigns,  or  he  may  redeem  the 
property,  if  sold  on  execution  or  decree  for  the 
benefit  of  the  owner,  within  the  time  prescribed 
by  law,  and  deduct  the  amount  so  paid  from  the 
rents  due  and  to  become  due  from  him,  and  for 
any  sums  so  paid  beyond  the  rents  due  from  him, 
he  shall  have  a  lien  upon  and  may  retain  possess- 
ion of  the  said  land  and  lots  until  the  amount  so 
paid  and  advanced  be  satisfied,  with  legal  inter- 
est, from  accruing  rents,  or  by  payment  by  the 
owner. 

Sec.  18.  The  records  kept  by  the  superintendent 
of  streets  of  said  city,  in  conformity  with  the  pro- 
visions of  this  act,  and  signed  by  him,  shall  have 
the  same  force  and  effect  as  other  public  records, 
and  copies  therefrom,  duly  certified,  may  be  used 
in  evidence  with  the  same  efi'ect  as  the  originals. 
The  said  records  shall,  during  all  office  hours,  be 
open  to  the  inspection  of  any  citizen  wishing  to 
examine  them,  free  of  charge. 

Sec.  19.  Notices  in  writing  which  are  required 
to  be  given  by  the  superintendent  of  streets,  under 
the  provisions  of  this  act,  may  be  served  by  any 
person,  with  the  permission  of  the  superintendent 
of  streets,  and  the  fact  of  such  service  shall  be 
verified  by  the  oath  of  the  person  making  it, 
taken  before  the  superintendent  of  streets  (who, 
for  that  purpose,  and  for  all  other  purposes,  and 
in  all  cases  where  a  verification  Is  required  under 
the  provisions  of  this  act,  is  hereby  authorized  to 
administer  oaths),  or  other  person  authorized  to 
administer  oaths,  or  such  notices  may  be  deliv- 
ered to  the  superintendent  of  streets  himself, 
who  must  also  verify  the  service  thereof,  and  who 
shall  keep  a  record  of  the  fact  of  giving  such 
notices,  when  delivered  by  himself  personally, 
and  also  of  the  notices  and  proof  of  service  when 
delivered  by  any  other  person.  [Amendment  ap- 
proved March  14,  1889;  Stats.  1889,  p.  157.] 

Sec.  20.     Whenever  any  street,  or  portion  of  a 


streets.  1141 

street,  has  been  or  shall  hereafter  be  fully  con- 
structed to  the  satisfaction  of  the  superintendent 
of  streets  and  of  the  city  council,  and  is  in  good 
condition  throughout,  and  a  sewer,  gas  pipes,  and 
water  pipes  are  laid  therein,  under  such  regula- 
tions as  the  city  council  shall  adopt,  the  same 
shall  be  accepted  by  the  city  council,  by  ordi- 
nance, and  thereafter  shall  be  l^ept  in  repair  and 
improved  by  the  said  municipality;  the  expense 
thereof,  together  with  the  assessment  for  street 
work  done  in  front  of  city  property,  to  be  paid 
out  of  a  fund  to  be  provided  by  said  council  for 
that  purpose;  provided,  that  the  city  council  shall 
not  accept  of  any  portion  of  the  street  less  than 
the  entire  width  of  the  roadway  including  the 
curbing),  and  one  blocli  in  length,  or  one  entire 
crossing;  and,  provided  further,  that  the  city 
council  may  partially  or  conditionally  accept  any 
street,  or  portion  of  a  street,  without  a  sewer,  or 
gas  pipes,  or  water  pipes  therein,  if  the  ordinance 
of  acceptance  expressly  states  that  the  council 
deems  such  sewer,  or  gas  pipes,  or  water  pipes, 
to  be  then  unnecessary,  but  the  lots  of  land  pre- 
viously, or  at  any  time,  assessable  for  the  cost 
of  constructing  a  sewer,  shall  remain  and  be  as- 
sessable for  such  cost,  and  for  the  cost  of  repairs 
and  restoration  of  the  street  damaged  in  the  said 
construction,  whenever  said  council  shall  deem  a 
sewer  to  be  necessary,  and  shall  order  it  to  be 
constructed,  the  same  as  if  no  partial  or  condi- 
tional acceptance  had  ever  been  made.  The  su- 
perintendent of  streets  shall  lieep  in  his  office  a 
register  of  all  streets  accepted  by  the  city  council 
under  this  section,  which  register  shall  be  Indexed 
for  easy  reference  thereto. 

Sec.  21.  The  superintendent  of  streets  shall 
keep  a  public  office  in  some  convenient  place 
within  the  municipality,  and  such  records  as  may 
be  required  by  the  provisions  of  this  act.  He  shall 
superintend  and  direct  the  cleaning  of  all  sewers, 
and  the  expense  of  the  same  shall  be  paid  out  of 
the  street  or  sewer  fund  of  said  city. 
Gen.  Laws— 96. 


1142  Streets. 

Sec.  22.  It  shall  be  the  duty  of  the  superin- 
tendent of  streets  to  see  that  the  laws,  ordinances, 
orders,  and  regulations  relating  to  the  public 
streets  and  highways  be  fully  carried  into  execu- 
tion, and  that  the  penalties  thereof  are  rigidly 
enforced.  He  shall  keep  himself  informed  of  the 
condition  of  all  the  public  streets  and  highways, 
and  also  of  all  public  buildings,  parks,  lots,  and 
grounds  of  said  city,  as  may  be  prescribed  by  the 
city  council.  He  shall,  before  entering  upon  the 
duties  of  his  office,  give  bonds  to  the  municipal- 
ity, with  such  sureties  and  for  such  sums  as  may 
be  required  by  the  city  council;  and  should  he  fail 
to  see  the  laws,  ordinances,  orders,  and  regula- 
tions relative  to  the  public  streets  or  highways 
carried  into  execution,  after  notice  from  any  cit- 
izen of  a  violation  thereof,  he  and  his  sureties 
shall  be  liable  upon  his  official  bond  to  any  person 
injured  in  his  person  or  property  in  consequence 
of  said  official  neglect. 

Sec.  23.  If,  in  consequence  of  any  graded  street 
or  public  highway  improved  under  the  provisions 
of  this  act,  being  out  of  repair  and  in  condition  to 
endanger  persons  or  property  passing  thereon,  any 
person,  while  carefully  using  said  street  or  public 
highway,  and  exercising  ordinary  care  to  avoid  the 
danger,  suffer  damage  to  his  person  or  property, 
through  any  such  defect  therein,  no  recourse  for 
damages  thus  suffered  shall  be  had  against  such 
city;  but  if  such  defect  in  the  street  or  public 
highway  shall  have  existed  for  the  period  of 
twenty-four  hours  or  more  after  notice  thereof  to 
the  said  superintendent  of  streets,  then  the  per- 
son or  persons  on  whom  the  law  may  have  im- 
posed the  obligations  to  repair  such  defect  in  the 
street  or  public  highway,  and  also  the  officer  or 
officers  through  whose  official  negligence  such  de- 
fect remains  unrepaired,  shall  be  jointly  and  sev- 
erally liable  to  the  party  injured  for  the  damage 
sustained;  provided,  that  said  superintendent  has 
the  authority    to    make    said    repairs,  under    the 


streets.  1143 

direction  of  tlie  city  council,  at  the  expense  of  the 
city. 

Sec.  24.  The  city  council  of  such  city  shall  have 
full  power  and  authority  to  construct  sewers,  gut- 
ters, and  manholes,  and  provide  for  the  cleaning 
of  the  same,  and  culverts  or  cesspools,  or  cross- 
walks or  sidewalks,  or  any  portion  of  any  side- 
walk, upon  or  in  any  street,  avenue,  lane,  alley, 
court,  or  place  in  such  city;  and  also  for  drainage 
purposes,  over  or  through  any  right  of  way  ob- 
tained or  granted  for  such  purposes,  with  neces- 
sary and  proper  outlet  or  outlets  to  the  same,  of 
such  materials,  in  such  a  manner,  and  upon  such 
terms  as  it  may  be  deemed  proper.  None  of  the 
work  or  improvements  described  in  this  section 
shall  be  stayed  or  prevented  by  any  written  or 
any  other  remonstrance  or  objection,  unless  such 
council  deems  proper.  [Amendment  approved 
March  11,  1893;  Stats.  1893,  p.  172.] 

Sec.  25.  The  City  Council  may,  In  Its  discretion, 
repair  and  water  streets  that  shall  have  been 
graded,  curbed,  and  planked,  paved,  or  macada- 
mized, and  may  build,  repair,  and  clean  sewers, 
and  shall  provide  a  Street  Contingent  Fund  at 
the  same  time  and  in  the  same  manner  as  other 
funds  are  provided,  out  of  which  to  pay  the  costs 
and  expenses  of  making  said  repairs,  and  water- 
ing said  streets,  and  building,  repairing,  and 
cleaning  said  sewers;  but  whenever  any  unac- 
cepted street  or  part  of  a  street  requires  regrad- 
ing,  recurbing,  repiling,  repaving,  replanking,  re- 
graveling,  or  remacadamizing,  or  requires  new  cul- 
verts, or  new  crosswalks,  or  new  sidewalks,  or  new 
sewers,  the  work  shall  be  advertised  and  let  out 
by  contract,  and  the  costs  and  expenses  thereof 
shall  be  assessed  upon  the  property  affected  or 
benefited  thereby,  the  same  as  in  the  first  in- 
stance. 

Sec.  26.  The  city  council  may,  in  its  discretion, 
order,  by  resolution,  that  the  whole  or  any  part 
of  the  cost  and  expenses  of  any  of  the  work  men- 


1144  Streets. 

tioned  in  this  act  to  be  paid  out  of  the  treasury  of 
the  municipality  from  such  fund  as  the  council 
may  designate.  Whenever  a  part  of  such  cost 
and  expenses  is  so  ordered  to  be  paid,  the  super- 
intendent of  streets,  in  mailing  up  the  assessment 
heretofore  provided  for  such  cost  and  expenses, 
shall  first  deduct  from  the  whole  cost  and  ex- 
penses such  part  thereof  as  has  been  so  ordered 
to  be  paid  out  of  the  municipal  treasury,  and  shall 
assess  the  remainder  of  said  cost  and  expenses 
proportionately  upon  the  lots,  parts  of  lots,  and 
lands  fronting  on  the  streets  where  said  work 
was  done,  or  liable  to  be  assessed  for  such  work, 
and  in  the  manner  heretofore  provided.  [Am- 
endment approved  March  31,  1891;  Stats.  1891,  p. 
196.] 

Part  II. 

Sec.  27.  Whenever  the  city  council  deem  it 
necessary  to  construct  a  sewer,  then  the  said 
council  may,  in  its  discretion,  determine  to  con- 
struct said  sewer,  and  assess  the  cost  and  ex- 
penses thereof  upon  the  property  to  be  affected 
or  benefited  thereby,  in  such  manner  and  within 
such  assessment  district  as  it  shall  prescribe,  and 
the  lien  therefor  upon  said  property  shall  be  the 
same  as  is  provided  in  section  nine  of  this  act, 
or  said  council  may  determine  to  construct  said 
sewer  and  pay  therefor  out  of  the  street  contin- 
gent fund. 

Sec.  28.  If,  at  any  time,  the  city  council  shall 
deem  it  necessary  to  incur  any  indebtedness  for 
the  construction  of  sewers,  in  excess  of  the  mon- 
ey in  the  street  contingent  fund  applicable  to 
the  construction  of  such  sewers,  they  shall  give 
notice  of  a  special  election  by  the  qualified  elec- 
tors of  the  city,  to  be  held  to  determine  whether 
such  indebtedness  shall  beincurred.  Such  notice 
shall  specify  the  amount  of  indebtedness  proposed 
to  be  incurred,  the  route  and  general  character  of 


streets.  1145 

the  sewer  or  sewers  to  be  construed,  and  the 
amount  of  money  necessary  to  be  raised  annu- 
ally by  taxation  for  an  interest  and  sinking  fund 
as  hereinafter  provided.  Such  notice  shall  be 
published  for  at  least  three  weeks  in  some  news- 
paper published  in  such  city,  ano!  no  other  ques- 
tion or  matter  shall  be  submitted  to  the  electors 
at  such  election.  If,  upon  a  canvass  of  the  votes 
cast  at  such  election,  it  appears  that  not  less  than 
two  thirds  of  all  the  qualified  electors  voting  at 
such  election  shall  have  voted  in  favor  of  in- 
curring such  indebtedness,  it  shall  be  the  duty  of 
the  City  Council  to  pass  an  ordinance  providing 
for  the  mode  of  creating  such  indebtedness,  and 
of  paying  the  same;  and  in  such  ordinance  pro- 
vision shall  be  made  for  the  levy  and  collection 
of  an  annual  tax  upon  all  the  real  and  personal 
property  subject  to  taxation,  within  such  city, 
sufficient  to  pay  the  interest  on  such  indebtedness 
as  it  falls  due,  and  also  to  constitute  a  sinking 
fund  for  the  payment  of  the  principal  thereof, 
within  a  period  of  not  more  than  twenty  years 
from  the  time  of  contracting  the  same.  It  shall 
be  the  duty  of  the  City  Council  in  each  year  there- 
after, at  the  time  when  other  taxes  are  levied,  to 
levy  a  tax  sufficient  for  such  purpose,  in  addition 
to  the  taxes  authorized  to  be  levied  for  city  pur- 
poses. Such  tax,  when  collected,  shall  be  kept 
in  the  treasury  as  a  separate  fund,  to  be  inviola- 
bly appropriated  to  the  payment  of  the  principal 
and  interest  of  such  indebtedness. 

Sec.  29.  If  bonds  are  issued  under  the  provis- 
ions of  the  last  section,  said  bonds  shall  be  in 
sums  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  shall  be  signed 
by  the  Mayor  and  Treasurer  of  the  city,  and  the 
seal  of  the  city  shall  be  affixed  thereto.  Coupons 
for  the  interest  shall  be  attached  to  each  bond, 
signed  by  the  mayor  and  treasurer.  Said  bonds 
shall  bear  interest,  to  be  fixed  by  the  city  council, 
at  the  rate  of  not  to  exceed  five  per  cent  per  an- 
num. 


1146  Streets. 

See.  30.  Before  the  sale  of  said  bonds,  the  coun- 
cil shall,  at  a  regular  meeting,  by  resolution,  de- 
clare its  intention  to  sell  a  specified  amount  of 
said  bonds,  and  the  day  and  hour  of  such  sale, 
and  shall  cause  such  resolution  to  be  entered  in 
the  minutes,  and  shall  cause  notice  of  such  sale 
to  be  published  for  fifteen  days  in  at  least  one 
newspaper  published  in  the  city  in  which  the 
bonds  are  issued,  and  one  published  in  the  city 
and  county  of  San  Francisco,  and  in  any  other 
newspaper  in  the  state,  at  their  discretion.  The 
notice  shall  state  that  sealed  proposals  will  be 
received  by  the  council  for  the  purchase  of  the 
bonds  on  the  day  and  hour  named  in  the  resolution. 
The  council,  at  the  time  appointed,  shall  open  the 
proposals  and  award  the  purchase  of  the  bonds  to 
the  highest  bidder,  but  may  reject  all  bids. 

Sec.  31.  The  council  may  sell  said  bonds,  at  not 
less  than  par  value,  without  the  notice  provided 
for  in  the  preceding  section. 

Sec.  32.  The  proceeds  of  the  sale  of  the  bonds 
shall  be  deposited  in  the  city  treasury, 
to  the  account  of  the  sewer  fund,  but  no 
payment  therefrom  shall  be  made,  except 
to  pay  for  the  construction  of  the  sew- 
er or  sewers,  for  the  construction  of  which 
the  bonds  were  issued,  and  upon  the  certificate  of 
the  superintendent  of  streets  and  the  city  engineer 
that  the  work  has  been  done  according  to  the  con- 
tract; provided,  that  after  the  completion  of  the 
sewers,  for  the  construction  of  which  said  bonds 
were  issued,  if  there  be  any  money  of  said  fund 
left  in  the  treasury,  the  same  may  be  transferred 
to  the  geiidnil  fund,  for  general  purpose?.  [Amend- 
ment   approved  March  15.  1887;  Stats.  18S7,  p.  148. 

Sec.  33.  Whenever  said  council  shall  determine 
to  construct  any  sewer,  and  pay  therefor  out  of 
the  street  contingent  fund,  or  by  the  issuance  of 
bonds,  as  above  provided,  then  said  council  shall 
cause  to  be  prepared  plans  and  specifications  of 
said    work  in    sections,    and  shall    advertise    for 


Streets.  1147 

twenty  days  in  at  least  one  newspaper  published 
in  the  city  in  which  the  sewer  is  to  be  construct- 
ed, and  one  in  the  city  and  county  of  San  Fran- 
cisco, for  sealed  proposals  for  constructing  said 
sewer.  The  worli  may  be  let  in  sections,  and 
must  be  awarded  to  the  lowest  responsible  bid- 
der, the  council  having  the  right  to  reject  any 
and  all  bids.  The  work  shall  be  done  and  the 
materials  furnished  under  the  supervision  and 
to  the  satisfaction  of  the  superintendent  of  streets 
and  the  city  engineer. 

Sec.  34.  First— The  city  engineer,  or  where 
there  is  no  city  engineer,  the  county,  or  city  and 
county  survej'or,  shall  be  the  proper  ofBcer  to 
do  the  surveying  and  other  engineering  work  nec- 
essary to  be  done  under  this  act,  and  to  survey 
and  measure  the  work  to  be  done  under  con- 
tracts for  grading  and  macadamizing  streets,  and 
to  estimate  the  costs  and  expenses  thereof;  and 
every  certificate  signed  by  him  in  his  offitcial  char- 
acter shall  be  prima  facie  evidence  in  all  courts 
in  this  state  of  the  truth  of  its  conients.  He  shall 
also  keep  a  record  of  all  surveys  made  under  the 
provisions  of  this  act,  as  in  other  cases.  In  all 
those  cities  where  there  is  no  city  engineer,  the 
city  council  thereof  is  hereby  autnorlzed  and  em- 
powered to  appoint  a  suitable  person  to  discharge 
the  duties  herein  laid  down  as  those  of  city  en- 
gineer, and  all  the  provisions  hereof  applicable  to 
the  city  engineer  shall  apply  to  such  person  so 
appointed.  Said  city  council  is  hereby  empower- 
ed to  fix  his  compensation  for  such  services. 

Second— The  words  "work,"  "improve,"  "im- 
proved" and  "improvement"as  used  in  this  act, 
shall  include  all  work  mentioned  in  this  act,  and 
also  the  construction,  reconstruction  and  repairs 
of  all  or  any  portion  of  said  work. 

Third— The  term  "incidental  expenses,"  as  us- 
ed in  this  act,  shall  include  the  compensation  of 
the  city  engineer  for  work  done  by  him;  also  the 
cost  of  printing  and  advertising  as   provided  in 


1148  Streets. 

this  act,  and  not  otherwise;  also,  the  compensa- 
tion of  the  person  appointed  by  the  superinten- 
dent of  streets  to  take  charge  of  and  superintend 
any  of  the  worli  mentioned  in  section  thirty-five 
of  this  act.  All  demands  for  incidental  expenses 
mentioned  in  this  subdivision  shall  be  presented 
to  the  street  superintendent  by  itemized  bill, 
duly  verified  by  oath  of  the  demandant. 

P^ourth--The  notices,  resolutions,  orders  or 
other  matter  required  to  be  published  by  the  pro- 
visions of  this  act,  and  of  the  act  of  which  this 
is  amendatory,  shall  be  published  in  a  daily  news- 
paper, in  cities  where  such  there  is,  and  where 
there  is  no  daily  newspaper,  in  a  semi- 
weekly  or  weekly  newspaper,  to  be  de- 
signated by  the  council  of  such  city,  as  often 
as  the  same  is  issued,  and  no  other  statute  shall 
govern  or  be  applicable  to  the  publications  herein 
provided  for;  provided,  however,  that  only  in  case 
there  is  no  daily,  semi-weekly  or  weekly  news- 
paper printed  or  circulated  in  any  such  city,  then 
such  notices,  resolutions,  orders  or  other  matter 
as  are  herein  required  to  be  published  in  a  news- 
paper, shall  be  posted  and  kept  posted  for  the 
same  length  of  time  as  required  herein  for  the 
publication  of  the  same  in  a  daily,  semi-weekly  or 
weekly  newspaper,  in  three  of  the  most  public 
places  in  such  city.  Proof  of  tht/  publication  or 
posting  of  any  notice  provided  for  herein  shall  be 
made  by  affidavit  of  the  owner,  publisher  or  clerk 
of  the  newspaper,  or  of  the  poster  of  the  notice. 
No  publication  or  notice,  other  than  that  provid- 
ed for  in  this  act,  shall  be  necessary  to  give  valid- 
ity to  any  of  the  proceedings  provided  for  there- 
in. 

Fifth— The  word  "municipality"  and  the  word 
"city,"  as  used  in  this  act,  shall  be  understood 
and  so  construed  as  to  include,  and  is  hereby  de- 
clared to  include,  all  corporations  heretofore  or- 
ganized and  now  existing,  and  those  hereafter 
organized,  for  municipal  purposes. 


streets.  1149 

Sixth— The  words  "paved"  or  "repaved,"  as  us- 
ed in  this  act,  shall  be  held  to  mean  and  include 
pavement  of  stone,  whether  paving  blocks  or 
macadamizing,  or  of  bituminous  rock  or  asphalt, 
or  of  iron,  wood  or  other  material,  whether  pat- 
ented or  not,  which  the  city  council  shall  by  ordi- 
nance adopt. 

Seventh— The  word  "streets,"  as  used  in  this 
act,  shall  be  deemed  to,  and  is  hereby  declared  to, 
include  avenues,  highways,  lanes,  alleys,  cross- 
ings, or  intersections,  courts  and  places,  and  the 
term  "main  street"  means  such  actually  opened 
street  or  streets  as  bound  a  block;  the  word 
"blocks,"  whether  regular  or  irregular,  shall 
mean  such  blocks  as  are  bounded  by  main  streets, 
or  partially  by  a  boundary  line  of  the  city. 

Eight— The  terms  "street  superintendent"  and 
"superintendent  of  streets,"  as  used  in  this  act, 
shall  be  understood  and  so  construed  as  to  in- 
clude, and  are  hereby  declared  to  include,  any 
person  or  officer  whose  duty  it  is,  under  the  law, 
to  have  the  care  or  charge  of  the  streets,  or  the 
improvement  thereof  in  any  city.  In  all  those 
cities  where  there  is  no  street  superintendent  or 
superintendent  of  streets,  the  city  council  there- 
of is  hereby  authorized  and  empowered  to  appoint 
a  suitable  person  to  discharge  the  duties  herein 
laid  down  as  those  of  street  superintendent  or 
superintendent  of  streets;  and  all  provisions  here- 
of applicable  to  the  street  superintendent  or  sup- 
erintendent of  streets  shall  apply  to  such  person 
so  appointed. 

Ninth — The  term  "city  council"  is  hereby  de- 
clared to  include  any  body  or  board  which,  under 
the  law,  is  the  legislative  department  of  the  gov- 
ernment of  any  city. 

Tenth— In  municipalities  in  which  there  is  no 
mayor,  then  the  duties  imposed  upon  said  oflScer 
by  the  provisions  of  this  act  shall  be  performed 
by  the  president  of  the  board  of  trustees,  or  other 
chief  executive  officer  of  the  municipality. 


1150  Streets. 

Eleventh— The  term  "clerk"  and  "city  clerk"  as 
used  In  this  act,  is  hereby  declared  to  include  any 
person  or  officer  who  shall  be  clerk  of  the  said 
city  council. 

Twelfth— The  term  "quarter  block,"  as  used  in 
this  act  as  to  irregular  blocks,  shall  be  deemed  to 
include  all  lots  or  portions  of  lots  having  any 
frontage  on  either  intersecting  street  half  way 
from  such  intersection  to  the  next  main  street,  or, 
when  no  main  street  intervenes,  all  the  way  to  a 
boundary  line  of  the  city. 

Thirteenth — The  term  "one  year,"  as  used  in 
this  act,  shall  be  deemed  to  include  the  time  be- 
ginning with  January  first  and  ending  with  the 
thirty-first  day  of  December  of  the  same  year. 

Fourteenth— References  in  certain  sections,  by 
number,  to  certain  other  sections  of  "this  act" 
refer  to  the  number  of  the  sections  of  the  original 
act,  as  heretofore  amended,  unless  it  appears 
from  the  context  that  the  reference  is  to  the  sec- 
tion of  this  amendatory  act,  when  it  shall  be  con- 
strued according  to  the  context.  [Amendment  ap- 
proved March  31,  1891;  Stats.  1891,  p.  96.] 

Sec.  35.  The  superintendent  of  streets  shall, 
when  in  his  judgment  it  is  necessary,  appoint  a 
suitable  person  to  take  charge  of  and  superintend 
the  construction  and  improvement  of  each  and 
every  sewer  constructed  or  improved  under  the 
provisions  of  this  act,  and  of  piling  and  capping, 
sidewalking,  or  of  the  paving  of  whatever  char- 
acter heretofore  mentioned,  in  whole  or  in  part, 
of  one  block  or  more,  whose  duty  it  shall  be  to 
see  that  the  contract  made  for  the  doing  of  said 
work  is  strictly  fulfilled  in  every  respect,  and  in 
case  of  any  departure  therefrom  to  report  the 
same  to  the  superintendent  of  streets.  Such  per- 
son shall  be  allowed  for  his  time  actually  em- 
ployed in  the  discharge  of  his  duties  such  compen- 
sation as  shall  be  just,  but  not  to  exceed  four 
dollars  per  day.  The  sum  to  which  the  party  so 
employed  shall  be  entitled  shall  be  deemed  to  be 


streets.  1151 

incidental  expenses,  witliin  the  meaning  of  those 
words  as  defined  by  this  act.  [Amendment  ap- 
proved March  31,  1891;  Stats.  1891,  p.  196.] 

Sec.  36.  The  act  entitled  "An  act  to  provide  for 
the  improvement  of  streets,  lanes,  alleys,  courts, 
places,  and  sidewalks,  and  the  construction  of 
sewers  within  municipalities,"  approved  March 
sixth,  eighteen  hundred  and  eighty-three,  is 
hereby  repealed;  provided,  that  any  work  or  pro- 
ceedings commenced  thereunder  prior  to  the  pas- 
sage of  this  act  shall  in  nowise  be  affected  here- 
by, but  shall  in  all  respects  be  finished  and  com- 
pleted under  said  act  of  March  sixth,  eighteen 
hundred  and  eighty-three,  and  said  repeal  shall  in 
nowise  affect  said  work  or  proceedings. 

Sec.  37.  That  said  act  shall  take  effect  and  be 
in  force  immediately  upon  its  passage,  and  all 
acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed;  and  provided,  however,  that 
any  work  or  proceeding  of  the  city  council  com- 
menced under  the  act  of  which  this  is  amendatory 
shall  in  nowise  be  affected  thereby,  but  shall  in 
all  respects  be  finished  and  completed  thereunder. 
[Amendment  Approved  March  11,  1893;  Stats. 
1893,  p.  172.] 

Sec.  38.  The  city  council  is  hereby  empowered 
to  change  or  modify  the  grade  of  any  public 
street,  lane,  alley,  place,  or  court,  and  to  regrade 
or  repave  the  same,  so  as  to  conform  to  such 
modified  grade,  in  the  manner  as  hereinafter  pro- 
vided. Before  any  change  of  grade  is  ordered  the 
city  council  shall  pass  an  ordinance  or  resolution 
of  intention  to  make  such  change  or  modification 
of  grade,  and  it  shall  have  power  at  the  same 
time  and  in  the  same  ordinance  or  resolution  to 
provide  for  the  actual  cost  of  performing  the 
work  of  regrading,  repaving,  sewering,  sidewalk- 
ing,  or  curbing  of  said  street  or  portion  of  street, 
with  the  same  or  other  material  with  which  it 
was  formerly  graded,  paved,  sewered,  sidewalk- 
ed,  or  curbed;  and  that  the  cost  of  the  same  shall 
also  be  assessed  upon  the  same  district  which  is 


1152  Streets. 

declared  to  be  benefited  by  such  changed  or 
modified  grade.  One  or  more  streets  or  blocks  of 
streets  may  be  embraced  in  the  same  ordinance  or 
resolution.  Such  ordinance  or  resolution  shall  be 
published  in  the  newspaper  in  which  the  official 
notices  of  the  city  council  are  usually  printed  and 
published;  and  such  newspaper  is  to  be  designa- 
ted in  such  ordinance  or  resolution.  Such  publica- 
tion shall  be  made  in  every  regular  issue  of  such 
paper  for  not  less  than  ten  days,  and  shall  de- 
scribe the  proposed  change  or  modification  of 
grade  or  regrading,  and  shall  designate  and  estab- 
lish the  district  to  be  benefited  by  such  change 
or  modification  of  grade  or  regrading,  and  to  be 
assessed  for  the  cost  of  the  same.  Within 
five  days  after  the  first  publication  of 
the  ordinance  or  resolution  of  intention, 
the  superintendent  of  streets  shall  cause 
to  be  conspicuously  posted  within  the  dis- 
trict designated  in  the  ordinance  or  resolution,  no- 
tice of  the  passage  of  said  resolution.  Said  no- 
tices shall  be  the  same  in  all  requirements  of  con- 
tents and  posting  as  the  "Notices  of  street  work" 
provided  for  in  section  three  of  the  original  act 
to  which  this  is  amendatory.  If  no  objection  to 
said  proposed  change  or  changes,  or  modifications 
of  grade,  shall  be  filed  with  the  clerk  of  the  coun- 
cil within  thirty  days  from  the  first  publication  of 
the  ordinance  or  resolution  of  intention  hereinbe- 
fore mentioned,  the  city  council  shall  have  power 
to  declare  such  grades  to  be  changed  and  estab- 
lished in  conformity  to  said  ordinance  or  resolu- 
tion; provided,  that  no  change  of  an  established 
grade  shall  be  ordered  except  on  petition  of  the 
owners  of  a  majority  of  the  property  affected  by 
the  proposed  change  of  grade.  [Amendment  ap- 
proved March  9,  1893;  Stats.  1893,  p.  89.] 

Sec.  39.  Within  thirty  days  after  the  first  pub- 
lication of  said  notice,  any  person  owning  prop- 
erty fronting  upon  said  portions  of  the  street  or 
streets  where  such  change  of  grade  is  made,  may 
file  a  petition  with  the  clerk  of  the  city  council 


streets.  1152a 

showing  the  fact  of  such  ownership,  the  descrip- 
tion and  situation  of  the  property  claimed  to  be 
damaged,  its  maricet  value,  and  the  estimated 
amount  of  damages  over  and  above  all  benefits 
which  the  property  would  sustain  by  the  propos- 
ed change  if  completed.  Such  petition  shall  be 
verified  by  the  oath  of  the  petitioners  or  their 
agents.  [Amendment  approved  March  9,  1893; 
Stats.  1893,  p.  89.] 

Section  40.  Whenever  such  petition  or  peti- 
tions have  been  filed,  the  mayor,  surveyor,  and 
superintendent  of  streets  of  the  city,  or  city  and 
county,  acting  as  a  board  of  commissioners,  shall 
assess  the  benefits,  damages,  and  costs  of  the  pro- 
posed change  of  grade  upon  each  separate  lot 
of  land  situated  within  such  assessment  district, 
as  said  lot  appears  of  record  upon  the  last  city, 
or  city  and  county  assessment  roll.  [Amendment 
approved  March  9,  1893;  Stats.  1893,  p.  89.] 

Section  41.  The  commissioners  shall  be  sworn 
to  make  the  assessments  of  benefits  and  damages 
to  the  best  of  their  judgment  and  ability,  without 
fear  or  favor.  [Amendment  approved  March  9, 
1893;  Stats.  1893,  p.  89.  J 

Section  42.  The  commissioners  shall  have 
power  to  subpoena  witnesses  to  appear  before 
thein  to  be  examined  under  oath,  which  any  one 
of  said  commissioners  is  authorized  to  adminis- 
ter. [Amendment  approved  March  9,  1893;  Stats. 
1893,  p.  89.] 

Section  43.  The  commissioners  having  deter- 
mined the  damage  which  would  be  sustained  by 
each  petitioner,  in  excess  of  all  benefits,  shall  pro- 
ceed to  assess  the  total  amount  thereof,  together 
with  the  cpsts,  charges,  and  expenses  of  the  pro- 
ceedings, upon  the  several  lots  of  land  benefited 
within  the  district  of  assessment,  so  that  each  of 
the  lots  shall  be  assessed  in  accordance  with  its 
benefits  caused  by  such  work  or  improvement; 
and  during  the  progress  of  their  work  shall  make 
a  report  to  such  city  council  as  often  as  it  may 
be  required.  [Amendment  approved  March  9, 
1893;  Stats.  1893,  p.  89.] 


1152  b  Streets. 

Section  44.  The  commissioners  shall  make  their 
report,  in  writing,  and  shall  subscribe  to  the  same 
and  file  with  the  city  council.  In  their  said  report 
they  shall  describe  separately  each  piece  of  prop- 
erty which  will  sustain  damage,  stating  the 
amount  of  damages  each  will  sustain  over 
and  above  all  benefits.  They  shall  also  give 
a  brief  description  of  each  lot  benefited 
within  said  assessment  district,  the  name 
of  the  owner,  if  known,  and  the  amount 
of  benefits  in  excess  of  damages  assessed  against 
the  same.  In  case  the  three  commissioners  do 
not  agree,  the  aw^ard  agreed  upon  by  any  two  of 
them  shall  be  sufficient.  In  designating  the  lots 
to  be  assessed,  reference  may  be  had  ro  a  diagram 
of  the  property  in  the  district  affected;  such  dia- 
gram to  be  attached  to  and  made  a  part  of  the  re- 
port of  the  commissioners.  [Amendment  approv- 
ed March  9,  1893;  Stats.  1893,  p.  89.] 

Section  45.  If  in  any  case  the  commissioners 
find  that  conflicting  claims  of  title  exist,  or  shall 
be  in  ignorance  or  doubt  of  the  ownership  of  any 
lot  or  land,  or  any  improvement  thereon,  or  any 
interest  therein,  it  shall  be  set  down  as  belonging 
to  unknown  owners.  Error  in  the  designation  of 
the  owner  or  owners  of  any  land  or  improve- 
ments, or  particulars  of  their  interest,  shall  not 
affect  the  validity  of  the  assessment.  On  the  fil- 
ing of  said  report,  the  clerk  of  said  city  council 
shall  give  notice  of  such  filing  by  the  publication 
of  at  least  ten  days  in  one  or  more  daily  news- 
papers published  and  circulated  in  said  city;  or 
if  there  be  no  daily  newspaper,  by  three  succes- 
sive issues  in  a  weekly  or  semi-weekly  news- 
paper so  published  and  circulated;  and  said  no- 
tice shall  require  all  persons  interested  to  show 
cause,  if  any,  why  such  report  should  not  be  con- 
firmed, before  the  city  council,  on  a  day  to  be  fix- 
ed by  the  city  council  and  stated  in  said  notice, 
which  day  shall  not  be  less  than  twenty  days 
from  the  first  publication  thereof.  [Amiendment 
approved  March  9,  1893;  Stats  1893,  p.  89.] 


streets.  1153 

Section  46.  All  objections  shall  be  in  writing 
and  filed  with  the  clerk  of  the  city  council,  who 
shall,  at  the  next  meeting  after  the  date  fixed  in 
the  notice  to  show  cause,  lay  the  said  objections, 
if  any,  before  the  council,  which  shall  fix  a  time 
for  hearing  the  same;  of  which  time  the  clerk 
shall  notify  the  objectors  in  the  same  manner  as 
are  notified  objectors  to  the  original  resolution  of 
intention.  At  the  time  set,  or  at  such  other  time 
as  the  hearing  may  be  adjourned,  the  city  coun- 
cil shall  hear  such  objections  ana  pass  upon  the 
same,  and  at  such  time  shall  proceed  to  pass  upon 
such  report,  and  may  confirm,  correct,  or  modify 
the  same,  or  may  order  the  commissioners  to 
make  a  new  assessment,  report,  and  plat,  which 
shall  be  filed,  notice  given  and  had,  as  in  the  case 
of  an  original  report.  In  case  the  ordinance  or 
resolution  of  intention  also  provides  for  the  as- 
sessing upon  the  district  the  cost  of  regrading  or 
repaving  such  street  or  streets  to  such  changed  or 
modified  grade,  after  the  report  of  the  commis- 
sioners as  to  the  damages  caused  by  such  change 
of  grade  has  been  passed  upon  by  the  city  coun- 
cil, it  shall  then  advertise  for  bids  to  perform  the 
work  of  regrading,  repaving,  sewering,  sidewalk- 
ing,  or  curbing  such  street  or  streets  with  the 
same  or  other  material  with  which  the  same  had 
been  formerly  graded,  paved,  sewered,  sidewalked, 
or  curbed;  first  causing  a  notice,  with  specifica- 
tions, to  be  posted  conspicuously  for  five  days  on 
or  near  the  council  chamber  door,  inviting  sealed 
proposals  for  bids  for  doing  such  work,  and  shall 
also  cause  notices  of  said  work,  inviting  said  pro- 
posals and  referring  to  the  specifications  posted 
or  on  file,  to  be  published  two  days  in  a  daily, 
semi-weekly,  or  weekly  newspaper  published  and 
circulated  in  said  city,  and  designated  by  the  city 
council  for  that  purpose,  and  in  case  there  is  no 
newspaper  published  in  the  city,  then  it  shall  be 
posted  as  provided  in  section  three  of  the  original 
act  to  which  this  is  amendatoiT-  All  propos- 
als or  bids  offered  shall  be  accompanied  by  a 
check,  payable  to  the  order  of  the  mayor  of  the 
Gen.  Laws— 97. 


1154  Streetb. 

city,  and  certified  by  a  responsible  bank  for  that 
amount,  which  shall  not  be  less  than  ten  per  cent 
of  the  aggregate  of  the  proposals;  or  by  a  bond 
for  said  amount,  signed  by  the  bidder  and  two 
sureties,  who  shall  justify  under  oath  in  double 
said  amount  over  and  above  all  statutory  exemp- 
tions. Said  proposals  or  bids  shall  be  delivered 
to  the  clerlv  of  the  said  city  council,  and  said 
council  shall  in  open  session,  examine  and  public- 
ly declare  the  same;  provided,  however,  that  no 
proposal  or  bid  shall  be  considered  unless  ac- 
companied by  a  clieck  or  a  bond  satisfactory  to 
the  council.  The  city  council  may  reject  any  and 
all  bids,  and  may  award  the  contract  to  the  low- 
est responsible  bidder,  which  award  shall  be  ap- 
proved by  the  mayor  or  the  three-fourths  vote  of 
the  city  council.  If  not  approved  by  the  mayor  or 
the  three-fourths  vote  of  the  city  council,  the  city 
council  may  readvertise  for  proposals  or  bids  for 
the  performance  of  the  work,  as  in  the  first  in- 
stance, and  thereafter  proceed  in  the  manner  in 
this  section  provided.  All  checks  accompanying 
bids  shall  be  held  by  the  clerk  until  the  bearer 
has  entered  into  a  contract,  as  herein  provided; 
and  in  case  he  refuses  so  to  do,  then  the  amount 
of  his  certified  check  shall  be  declared  forfeited 
to  the  city,  and  shall  be  collected  and  paid  into  its 
general  fund,  and  all  bonds  so  forfeited  shall  be 
prosecuted,  and  the  amount  thereon  collected  paid 
into  such  fund.  Notice  of  the  awards  of  the  con- 
tracts shall  be  published  and  posted  in  the  same 
manner  as  hereinbefore  provided  for  the  posting 
of  proposals  for  said  work.  [Amendment  approv- 
ed March  9,  1893;  Stats.  1893,  p.  89.] 

Section  47.  After  such  contract  has  been  award- 
ed and  entered  into,  the  clerk  of  the  city  council 
shall  certify  to  the  city* council  that  fact,  togeth- 
er with  the  total  amount  of  the  cost  of  the  same, 
whereupon  the  city  council  shall  cause  to  be  for- 
warded to  the  commissioners  a  copy  of  such  cer- 
tificate; whereupon  such  commissioners  shall  pro- 
ceed to  assess  the  cost  of  doing  such  work  upon 
all  the  lots  and  land  lying  within  the  district  to 


streets.  1155 

be  assessed,  distributing  the  same  so  that  each  lot 
will  be  assessed  for  its  proportion  of  the  same,  ac- 
cording to  the  benefits  it  receives  from  the  work, 
and  in  the  same  manner  in  which  the  damages 
caused  by  the  change  of  grade  were  assessed  up- 
on the  same.  Such  commissioners,  in  making 
such  assessment,  shall  show  the  total  amount  for 
which  each  lot  or  tract  is  assessed,  in  excess  of 
all  benefits,  for  the  total  cost  of  changing  and 
modifying  the  grade  of  the  street,  as  well  as  the 
regrading,  repaying,  sewering,  sidewalking,  and 
curbing  of  the  same,  and  costs  .or  damages  con- 
nected therewith.  The  provisions  of  the  act  to 
which  this  is  amendatory  in  regard  to  the  mode  or 
manner  of  the  assessment  of  the  cost  of  such 
work  shall  not  apply  to  the  work  herein  contem- 
plated; neither  shall  the  provisions  of  the  same  in 
regard  to  the  issuing  of  bonds  to  represent  the 
cost  of  the  same,  nor  the  provisions  in  regard  to 
the  right  of  protest  against  the  work.  [Amend- 
ment approved  March  9,  1893;  Stats.  1893,  p.  89.] 

Section  48.  The  clerk  of  said  city  council  shall 
forward  to  the  street  superintendent  of  the  city 
a  certified  copy  of  the  report,  assessment,  and 
plat,  as  finally  confirmed  and  adopted  by  the  city 
council.  Such  certified  copy  shall  thereupon  be 
the  assessment  roll,  the  cost  of  which  shall  be 
provided  for  by  the  commissioners,  as  a  portion 
of  the  cost  of  the  proceedings  therein.  Immedi- 
ately upon  receipt  thereof  by  the  street  superin- 
tendent, the  assessment  therein  contained  shall 
become  due  and  payable,  and  shall  be  a  lien  up- 
on all  the  property  contained  or  descrlDed  therein. 
[Amendment  approved  March  9,  1893;  Stats. 
1893,  p.  89.] 

Section  49.  The  superintendent  of  streets  shall 
thereupon  give  notice,  by  publication  for  ten 
days  in  one  or  more  daily  newspapers  published 
and  circulated  in  said  city,  or  city  and  county,  or 
two  successive  insertions  in  a  weekly  or  semi- 
weekly  newspaper  so  published  and  circulated, 
that  he  has  received  said  assessment  roll,  and 
that  all  sums  levied  and  assessed  in  said  assess- 


1156  Streets. 

ment  roll  are  due  and  payable  immediately,  and 
that  the  payment  of  said  sums  is  to  be  made  to 
him  within  thirty  days  from  the  date  of  the  first 
publication  of  said  notice.     Said  notice  shall  also 
contain  a  statement  that  all  assessments  not  paid 
before  the  expiration  of  said  thirty  days  will  be 
declared  to  be  delinquent,  and  that  thereafter  the 
sum  of  five  per  cent  upon  the  amount  of  such  de- 
advertising  each  delinquent  assessment,   will  be 
linquent  assessments     together  with     the  cost  of 
added  thereto.    When  payment  of  any  assessment 
is  made  to  said  superintendent  of  streets,  he  shall 
write  the  word  "paid"  and  the  date  of  payment 
opposite  the  respective  assessment  so  paid,   and 
the  name  of  the  persons  by  or  for  whom  said  as- 
sessment is  paid,  and  shall  give  a  receipt  therefor. 
On  the  expiration  of  said  thirty  days,  all  assess- 
ments then  unpaid  shall  be  and    become    delin- 
quent,  and   said   superintendent  of    streets   shall 
certify  such  fact  at  the  foot  of  said  assessment 
roll,  and  shall  add  five  per  cent  to  the  amount  of 
each  assessment  so  delinquent.    The  said  superin- 
tendent of  streets  shall,  within  five  days  from  the 
date  of  such  delinquency,  proceed  to  advertise  the 
various  sums  delinquent,  and  the  whole  thereof. 
Including  the  cost  of  advertising,  which  last  shall 
not  exceed  the  sum  of  fifty  cents  for  each  lot, 
piece,   or  parcel  of  land  separately  assessed,   by 
the  sale  of  the  assessed  property  in  the  same  man- 
ner as  is  or  may  be  provided  for  the  collection  of 
state  and  county  taxes;  and  after  the  date  of  said 
delinquency,    and   before   the   time   of    such    sale 
herein  provided  for,   no  assessment  shall  be  re- 
ceived, unless  at  the  same  time  the  five  per  cent 
added  to  as  aforesaid,  together  with  the  costs  of 
advertising  then  already  incurred,  shall  be  paid 
therewith.     Said   list  of   delinquent  assessments, 
with  a  notice  of  the  time  and  place  of  sale  of  the 
property     affected     thereby,   shall   be    published 
daily  for  five  days,  in  one  or  more  daily  news- 
papers published  and  circulated  in  such  city,  or 
by  at  least  two  insertions  in  a  weekly  newspaper 
so  published  and  circulated  before  the  day  of  sale 


streets.  1157 

for  such  delinquent  assessment.  Said  time  of  sale 
must  not  be  less  than  seven  days  from  the  date 
of  the  first  publication  of  said  delinquent  assess- 
ment list,  and  the  place  must  be  in  or  in  front  of 
the  office  of  said  superintendent  of  streets.  All 
property  sold  shall  be  subject  to  redemption  for 
one  year,  and  in  the  same  manner  as  in  sales  for 
delinquent  state  and  county  taxes;  and  the  super- 
intendent of  streets  shall,  if  there  is  no  redemp- 
tion, make  and  deliver  to  the  purchaser  at  such 
sale  a  deed  conveying  the  property  sold,  and  may 
collect  for  each  certificate  fifty  cents,  and  for  each 
deed  one  dollar.  All  provisions  of  the  law  in  ref- 
erence to  the  sale  and  redemption  of  property  for 
delinquent  state  and  county  taxes,  in  force  at  any 
given  time,  shall  also  then,  as  far  as  the  same 
are  not  in  conflict  with  the  provisions  of  this  act, 
be  applicable  to  the  sale  and  redemption  of  prop- 
erty for  delinquent  assessments  hereunder,  in- 
cluding the  issuance  of  certificates  and  execution 
of  deeds.  The  deed  of  the  street  superintendent, 
made  after  such  sale,  in  case  of  failure  to  redeem, 
shall  be  prima  facie  evidence  of  the  regularity  of 
all  proceedings  hereunder,  and  of  title  in  the 
grantee.  The  superintendent  of  streets  shall  from 
time  to  time  pay  over  to  the  city  treasurer  all 
moneys  collected  by  him  on  account  of  any  such 
assessments.  The  city  treasurer  shall,  upon  re- 
ceipt thereof,  place  the  same  in  a  separate  fund, 
designating  each  fund  by  the  name  of  the  street, 
square,  lane,  alley,  court,  or  place  for  the  change 
of  grade  for  which  the  assessment  was  made. 
Payments  shall  be  made  from  said  fund  to  the 
parties  entitled  thereto,  upon  warrants  signed  by 
the  commissioners  or  a  majority  of  them.  [Amend- 
ment approved  March  9,  1893;  Stats.  1893,  p.  89. 

Section  50.  When  suffit-ient  money  is  in  the 
hands  of  the  city  treasurer,  in  the  fund  voted  for 
the  proposed  work  or  improvement,  to  pay  the  to- 
tal cost  for  damages,  as  well  as  for  the  cost  of 
doing  the  work,  and  all  other  expenses  connected 
therewith,  it  shall  be  the  duty  of  the  commission- 
ers to  notify  the  owner,  possessor,  or  occupant  of 


115S  Streets. 

the  premises  damaged,  and  to  whom  damages 
have  been  awarded,  that  a  warrant  has  been 
drawn  for  the  payment  of  the  same,  which  can 
be  received  at  the  offi'ce  of  such  commissioners. 
Such  notification  may  be  made  by  depositing  a  no- 
tice, postage  paid,  in  the  postoflaice,  addressed  to 
his  last  known  place  of  residence.  If,  after  the 
expiration  of  three  days  after  the  service  or  de- 
posit of  the  notice  in  the  postofR'ce,  he  shall  not 
have  applied  for  such  warrant,  the  same  shall  be 
drawn  and  deposited  with  the  city  treasurer,  to 
be  delivered  to  him  upon  demand.  [Amendment 
approved  March  9,  1893;  Stats.  1893,  p.  89.] 

Sec.  51.  If  the  owner  of  any  premises  damaged 
neglects  or  refuses,  for  ten  days  after  the  war- 
rant has  been  placed  in  the  hands  of  the  city 
treasurer,  subject  to  his  demand,  to  accept  the 
same,  the  city  council  may  cause  proceedings  to 
be  commenced,  in  the  name  of  the  city,  to  con- 
demn said  premises,  as  provided  by  law  under  the 
right  of  eminent  domain.  The  ordinance  or  reso- 
lution of  intention  shall  be  conclusive  evidence  of 
the  necessity  of  the  same.  Such  proceedings 
shall  have  precedence,  so  far  as  tne  business  of 
the  court  will  permit,  and  any  judgment  for  dam- 
ages therein  rendered  shall  be  payable  out  of  the 
special  fund  in  the  treasury  for  that  purpose.  At 
any  time  after  the  trial  and  judgment  entered,  or 
pending  appeal,  the  court  may  order  the  city 
treasurer  to  set  apart  in  the  city  treasury  a  suffix- 
cient  sum  from  said  fund  to  answer  the  judgment, 
and  thereupon  may  authorize  or  order  the  munici- 
pality to  proceed  with  the  proposed  work  or  im- 
provements. In  case  of  a  deficiency  in  said  fund 
to  pay  the  whole  assessed  judgment  and  damages, 
the  city  council  may,  in  its  discretion,  order  the 
balance  thereof  to  be  paid  out  of  the  general  fund 
of  the  treasury,  or  to  be  distributed  by  the  com- 
missioners over  the  property  assessed  by  a  supple- 
mentary assessment,  but  in  the  last  named  case, 
in  order  to  avoid  delay,  the  city  council  may  ad- 
vance such  balance  out  of  any  available  fund  in 
the  treasury,  and  reimburse  the  same  from  the 


streets.  1159 

collection  of  assessments.  The  treasurer  shall 
pay  such  warrants  in  the  order  of  their  presenta- 
tion; provided,  that  warrants  for  damages  and  for 
costs  of  performing  the  worli  shall  have  priority- 
over  warrants  for  charges  and  expenses,  and  the 
treasurer  shall  see  that  sufE'cient  money  remains 
in  the  fund  to  pay  all  warrants  of  the  first  class 
before  paying  any  of  the  second.  The  provisions 
of  section  one  thousand  two  hundred  and  fifty- 
one  of  the  Code  of  Civil  Procedure,  requiring  the 
payment  of  damages  within  thirty  days  after  the 
entry  of  judgment,  shall  not  apply  to  damages  ren- 
dered in  proceedings  under  this  act.  [Amend- 
ment approved  March  9,  1893;  Stats.  1893,  p.  89.] 

Sec,  52.  All  other  provisions  contained  in  the 
act  to  which  this  is  amendatory,  and  which  pro- 
visions are  not  in  conflict  herewith,  shall  apply 
to  all  matters  herein  contained.  All  proceedings 
in  any  worli  or  improvement,  such  as  is  provided 
for  in  this  act,  already  commenced  and  now  in 
progress  under  another  act  now  in  force,  or  by 
virtue  of  an  ordinance  or  resolution  of  intention 
heretofore  passed,  may,  from  any  stage  of  such 
proceedings  already  commenced  and  now  in  pro- 
gress, be  continued  under  this  act  by  resolution 
of  the  city  council.  The  said  work  or  improve- 
ment may  then  be  conducted  under  the  provisions 
of  this  act,  with  full  force  and  effect  in  all  re- 
spects from  the  stage  of  such  proceedings  at  and 
from  which  such  resolution  or  ordinance  shall  de- 
clare the  intention  to  have  such  worli  done  or  im- 
provement cease  under  such  other  acts  or  ordi- 
nances and  continued  under  this  act;  and  from 
such  election  so  made  all  proceedings  theretofore 
had  are  hereby  ratified,  confirmed,  and  made 
valid,  and  it  shall  be  unnecessary  to  renew  or  con- 
duct over  again  any  proceedings  prior  to  the  pass- 
age of  this  act.  [Amendment  approved  March  9, 
1893;  Stats.  1893,  p.  89.] 

Section  53.  The  provisions  of  this  act  shall  be 
liberally  construed  to  permit  the  objects  thereof. 
[Amendment  approved  March  9,  1893;  Stats.  1893, 
p.  89.] 


1160  Streets. 


Au  act  to  provide  for  layin.a;  out,  openinjE?,  extend- 
in.c:,  widening,  straiglitening,  diverging,  curv- 
ing, contracting,  or  closing  up,  in  whole  or  in 
part,  any  street,  square,  lane,  alley,  court,  or 
place  within  municipalities  or  cities  and  cities 
and  counties  of  forty  thousand  inhabitants  or 
over,  and  to  condemn  and  acquire  any  and  all 
land  and  property  necessary  or  convenient  for 
that  purpose. 

[Approved  March  23,  1893;  Stats.  1893,  p.  220.] 

Section  1.  Be  it  enacted:  Whenever  the  public 
interest  or  convenience  may  require,  the  city 
council  of  any  municipality  or  cities  and  cities 
and  counties,  containing  over  forty  thousand  in- 
habitants, shall  have  full  power  to  order,  and 
upon  the  petition  of  the  owners  of  a  majority  of 
the  frontage  to  be  taken  for  said  purpose  shall  or- 
der, the  opening,  extending,  widening,  straighten- 
ing, diverging,  curving,  contracting,  or  closing  up, 
in  whole  or  in  part,  of  any  street,  square,  lane, 
alley,  court,  or  place  within  the  bounds  of  such 
city,  and  shall  condemn  and  acquire  any  and  all 
lands  necessary  or  convenient  for  that  purpose. 

Sec.  2.  Before  ordering  any  w^ork  to  be  done  or 
improvement  made,  which  is  authorized  by  sec- 
tion one  of  this  act,  the  city  council  shall  then 
pass  a  resolution  declaring  the  intention  to  do 
said  work,  describing  the  work  or  improvement, 
and  the  land  deemed  necessary  to  be  talven  there- 
for, and  specifying  the  exterior  boundaries  of  the 
district  of  land  to  be  affected  or  benefited  by  said 
work  or  improvement,  and  be  assessed  to  pay  the 
damages,  cost,  and  expense  thereof. 

Sec.  3.  The  street  superintendent  shall  then 
cause  to  be  conspicuously  posted  along  the  line  of 
said  contemplated  work  or  improvement,  and  not 
more  than  three  hundred  feet  In  distance  apart, 
but  not  less  than  three  in  all,  notices  of  the  pas- 
sage of  said  resolution.  Said  notice  shall  be 
headed,  "Notice  of  Public  Work,"  in  letters  not 
less  than  one  inch  in  length,  shall  be  in  legible 
characters,  state  the  fact  of  the  passage  of  the 
resolution,  its  date,  and,  briefly,  the  work  of  im- 
provement proposed,  and  refer  to  the  resolution 
for  further  particulars.     He  shall  also  cause  a  no- 


streets.  1161 

tice  similar  in  substance  to  be  published  for  a 
period  of  ten  days  in  one  or  more  daily  newspa- 
pers published  and  circulated  in  said  city,  and 
designated  by  said  city  council;  or  if  there  is  no 
daily  newspaper  so  published  and  circulated  in 
said  city,  then  by  four  successive  Insertions  in  a 
weekly  or  semi-weekly  newspaper  so  published, 
circulated,  and  designated. 

Sec.  4.  Any  person  through  Avhose  lands  said 
proposed  street  extension  runs,  or  who  will  be 
damaged  or  affected  by  said  proposed  work,  may, 
within  ten  days  after  the  first  publication  of  said 
notice,  file  with  the  clerk  of  the  city  council  his 
written  objections  thereto,  stating  in  what  man- 
ner and  to  what  extent  he  will  be  damaged,  which 
objection  shall  be  delivered  to  the  clerk  of  the 
city  council,  who  shall  indorse  thereon  the  date  of 
its  reception  by  him,  and  at  the  next  meeting  of 
the  city  council,  after  the  expiration  of  said  ten 
days,  lay  said  objections  before  said  city  council, 
which  shall  fix  a  time  for  hearing  said  objections, 
not  less  than  one  week  thereafter.  The  city  clerk 
shall  thereupon  Motify  the  persons  making  such 
objections  by  depositing  a  notice  thereof  in  the 
postoflice  of  said  city,  postage  prepaid,  addressed 
to  such  objector. 

Sec.  5.  At  the  time  specified,  or  to  which  the 
hearing  may  be  adjourned,  the  city  council  shall 
hear  the  objections  filed,  and  if  the  owners  of  a 
majority  of  the  frontage  of  all  lands  to  be  as- 
sessed for  benefits,  as  said  owners  appear  on  the 
last  preceding  annual  assessment  roll  for  state 
and  county  taxes,  object,  in  writing,  to  said  pro- 
posed opening,  extending,  and  widening,  straight- 
ening, diverging,  curving,  contracting,  or  closing 
up  of  said  street,  said  city  council  shall  sustain 
said  objections,  and  all  proceedings  therefor  shall 
be  stopped  for  the  period  of  twelve  months.  Pro- 
ceedings may  be  again  commenced  by  a  new  reso- 
lution of  intention.  If  the  owners  of  a  majority 
of  the  frontage  of  all  streets  within  the 
assessment  district  do  not  object,  in  writ- 
ing, thereto,  within  the  time  specified  in 
this  act,  the  city  council  shall  be  deem- 
ed to  have  acquired  jurisdiction  to  order  any 
of  the  work  to  be  done  or  improvements  to  be 
made  which  is  authorized  by  section  one  of  this 
act. 


1162  Streets. 

Sec.  6.  Having  acquired  jurisdiction,  as  pro- 
vided in  the  preceding  section,  the  city  council 
shall  order  said  worli  to  be  done,  and,  unless  the 
proposed  worlv  is  for  closing  up,  and  it  appears 
that  no  assessment  is  necessary,  shall  appoint 
three  disinterested  persons,  who  shall  constitute  a 
board  of  commissioners  in  that  regard,  who  shall 
have  full  supervision  of  the  proposed  work  or  im- 
provement until  the  completion  thereof  in  com- 
pliance with  this  statute.  For  their  services  they 
shall  each  receive,  as  compensation,  not  to  exceed 
five  dollars  for  every  day  of  actual  service;  pro- 
vided, that  said  compensation  shall  not  be  paid 
for  a  longer  term  than  six  months  for  each  dis- 
trict, unless  extended  by  the  council.  Such  ex- 
tension shall  not  exceed  two  months  at  one  time, 
nor  shall  the  term  of  ottice  of  said  commissioners, 
for  any  district,  continue  for  longer  than  one  year. 
Such  compensation  shall  be  added  to  and  be 
chargeable  as  a  part  of  the  expenses  of  the  work  or 
improvement.  Each  of  said  commissioners  shall  file 
with  the  clerk  of  the  city  council  an  affidavit 
and  a  bond  to  the  state  of  California,  in  the  sum 
of  five  thousand  dollars,  to  faithfully  perform  the 
duties  of  his  office.  The  city  council  may  at  any 
time  remove  any  or  all  of  said  commissioners  for 
cause  upon  reasonable  notice  and  hearing,  and 
may  till  any  vacancies  occurring  among  them  for 
any  cause.  At  the  end  of  the  terms  of  said  com- 
missioners, they  shall  hand  over  all  unfinished 
business  to  the  city  council,  who  shall  complete 
the  same.  In  all  municipalities  where  there  is  a 
board  of  public  works,  such  board  shall  consti- 
tute the  board  of  commissioners  in  this  section 
provided  for,  and  shall  perform  the  duties  of  such 
commissioners,  and  their  salaries  as  members  of 
the  board  of  public  works  shall  be  in  full  compen- 
sation for  such  services.  It  shall  be  the  official 
duty  of  the  city  attorney  to  render  said  commis- 
sioners all  necessary  legal  services;  provided,  that 
the  city  surveyor  shall,  for  any  work  or  services 
whicli  he  may  perform  by  the  direction  of  the 
common  council  or  other  legislative  department  of 
the  city  government,  receive,  in  addition  to  his 
salary  allowed  by  law,  all  sums  which  he  may 
lay  out,  pay  out,  or  expend  in  the  prosecution  of 
said  work,  for  materials;  or  labor  necessarily 
tljerein  by  him  employed. 


streets.  11G3 

Sec.  7.  Said  commissioners  shall  have  an  office 
assigned  to  them  by  the  city  council,  in  the  city 
hall,  and  shall  have  power  to  employ  a  secretary, 
at  a  salary  not  to  exceed  one  hundred  and  fifty 
dollars  per  month,  and  such  other  clerical  assist- 
ance as  shall  be  provided  them  by  the  city  coun- 
cil, the  salaries  and  fees  of  whom  shall  be  estab- 
lished and  £xed  by  said  city  council. 

Sec.  8.  All  such  charges  and  expenses  shall  be 
deemed  as  expenses  of  said  work  of  improvement, 
and  be  a  charge  only  upon  the  funds  devoted  to 
the  particular  work  or  improvement  as  provided 
hereinafter.  All  payments,  as  well  for  the  land 
and  improvements  taken  or  damaged,  and  for  the 
charges  and  expenses,  shall  be  paid  by  the  city 
treasurer,  upon  warrants  drawn  upon  said  fund 
from  time  to  time,  signed  by  said  commissioners, 
or  a  majority  of  them.  All  such  warrants  shall 
state  whether  they  are  issued  for  land  or  improve- 
ments taken  or  damaged,  or  for  charges  and  ex- 
penses, and  that  the  demand  is  only  payable  out 
of  the  money  in  said  fund,  and  in  no  event  shall 
the  city  be  liable  for  the  failure  to  collect  any  as- 
sessment made  by  virtue  hereof,  nor  shall  said 
warrant  be  payable  out  of  any  other  fund,  nor  a 
claim  against  the  city. 

Sec.  9.  Said  commissioners  shall  proceed  to 
view  the  lands  described  in  the  resolution  of  in- 
tention, and  may  examine  witnesses  on  oath,  to 
be  administered  by  any  of  them.  Having  viewed 
the  land  to  be  taken,  and  the  improvements 
affected,  and  considered  the  testimony  presented, 
they  shall  proceed  with  all  diligence  to  determine 
the  value  of  the  land,  and  the  damage  to  improve- 
ment and  property  affected,  and  also  the  amount 
of  the  expenses  incident  to  said  work  or  improve- 
ment, and  having  determined  the  same,  shall  pro- 
ceed to  assess  the  same  upon  the  lands  described 
in  said  district  herein  provided.  The  lands  front- 
ing on  said  extension  or  widening  shall  only  be 
assessed  to  the  depth  of  one  hundred  and  twenty 
feet,  or  the  full  depth  of  the  lots,  not  exceeding 
one  hundred  and  fifty  feet;  and  said  lands  shall 
be  assessed  with  reference  to  the  amount  of  grad- 
ing to  be  done,  and  their  location  on  the  grades 
of  said  street  or  improvement;  and  the  expenses 
of  grading  said  lots  or  lands,  whether  filling  or 


1104  Streets. 

cutting  shall  be  necessary  to  place  them  on  the 
grade  of  said  street  or  improvement,  shall  be  esti- 
mated in  determining  the  value  of  the  land,  and 
the  damage  to  the  improvement  and  property  af- 
fected. 

Sec.  10.  Said  commissioners,  having  made  their 
assessment  of  benehts  and  damage,  shall,  with  all 
diligence,  mal^e  a  written  report  thereof,  to  the 
city  council,  and  shall  accompany  their  report 
with  a  plat  showing  the  land  talsen,  or  about  to 
be  taken,  for  the  worli  or  improvement,  and  the 
lands  assessed,  showing  the  relative  location  of 
each  district,  block,  lot,  or  portion  of  lot,  and  its 
dimensions,  so  far  as  the  commissioners  can  rea- 
sonably ascertain  the  same.  Each  block  and 
lot,  or  portion  of  lot,  taken  or  assessed,  shall  be 
designated  and  described  in  said  plat  by  an  appro- 
priate number,  and  a  reference  to  it  by  such  de- 
scriptive number  shall  be  a  sufficient  descrip- 
tion of  it  in  any  suit  entered  to  condemn  and  in 
all  respects.  When  the  report  and  plat  are  ap- 
proved by  the  city  council,  a  copy  of  said  plat,  ap- 
propriately designated,  shall  be  filed  by  the  clerk 
thereof  in  the  office  of  the  recorder  of  the  county. 

Sec.  11.  Said  report  shall  specify  each  lot,  sub- 
division, or  piece  of  property  taken  or  injured  by 
the  widening  or  other  improvement,  or  assessed 
therefor,  together  with  the  name  of  the  owner  or 
claimant  thereof,  or  of  persons  interested  therein 
as  lessees,  encumbrancers,  or  otherwise,  so  far 
as  the  same  are  known  to  such  commissioners, 
and  the  particulars  of  their  interests,  so  far  as  the 
same  can  be  ascertained,  and  the  amount  of  value 
or  damage,  or  the  amount  assessed,  as  the  case 
may  be. 

Sec.  12.  If  in  any  case  the  commissioners  find 
conflicting  claims  of  title  exist,  or  shall  be  in  ig- 
norance or  doubt  as  to  the  ownership  of  any  lot  of 
land,  or  of  any  improvements  thereon,  or  any  in- 
terest therein,  it  shall  be  set  down  as  belonging  to 
unknown  owners.  Error  in  the  designation  of  the 
owner  or  owners  of  any  land  or  improvements,  or 
of  the  particulars  of  their  interest,  shall  not  affect 
the  validity  of  the  assessment  or  the  condemna- 
tion of  the  property  to  be  taken. 

Sec.  18.  Said  report  and  plat  shall  be  filed  in 
the  clerk's  office  of  the  city  council,  and  thereupon 


Streets.  1165 

the  clerk  of  said  city  council  shall  give  notice  of 
such  filing  by  publication  for  at  least  ten  days  in 
one  or  more  daily  newspapers  published  and  cir- 
culated in  said  city;  or  if  there  be  no  daily  news- 
paper, by  three  successive  insertions  in  a  weekly 
or  semi- weekly  newspaper  so  published  and  circu- 
lated. Said  notice  shall  also  require  all  persons 
interested  to  show  cause,  if  any,  why  such  report 
should  not  be  confirmed,  before  the  city  council, 
on  or  before  a  day  fixed  by  the  clerk  thereof,  and 
stated  in  said  notice,  which  day  shall  be  not  less 
than  thirty  days  from  the  first  publication 
thereof. 

Sec.  14.  All  objections  shall  be  in  writing,  and 
filed  with  the  clerk  of  the  city  council,  who  shall, 
at  the  next  meeting  after  the  day  fixed  in  the  no- 
tice to  show  cause,  lay  the  said  objections,  if  any, 
before  the  city  council,  which  shall  fix  a  time  for 
hearing  the  same,  of  which  the  clerk  shall  notify 
the  objectors  in  me  same  manner  as  ODjectors  to 
the  original  resolution  of  intention.  At  the  time 
set,  or  at  such  other  time  as  the  hearing  may  be 
adjourned  to,  the  cily  council  shall  hear  such  ob- 
jections and  pass  upon  the  same;  and  at  such 
time,  or  if  there  be  no  objections  at  the  first  meet- 
ing after  the  day  set  in  such  order  to  show  cause, 
or  such  other  time  as  may  be  fixed,  shall  proceed 
to  pass  upon  such  report,  and  may  confirm,  cor- 
rect or  modify,  or  may  sustain  the  objections 
thereto  and  order  the  commissioners  to  make  a 
new  report,  assessment,  and  plat,  which  in  either 
case  shall  be  filed,  and  notice  given  and  hearing 
had,  as  in  the  case  of  the  original  report;  but  no 
report,  or  plat,  or  assessment  shall  be  filed  by  said 
commissioners  after  the  expiration  of  ten  months 
after  their  appointment. 

Sec.  15.  The  clerk  of  said  city  council  shall  for^ 
ward  to  the  street  superintendent  of  the  city  a 
certified  copy  of  the  report,  assessment,  and  plat 
as  finally  confirmed  and  adopted  by  the  city  coun- 
cil. Such  certified  copy  shall  thereupon  be  the 
assessment  roll,  and  thirty  days  after  such  filing 
shall  become  a  lien  on  the  property  assessed  there- 
in, for  its  proportion  of  the  costs  of  said  improve- 
ment, as  hereinbefore  provided. 

Sec.  16.    The  superintendent     of     streets     shall 
thereupon  give  notice  by  publication  for  ten  days 
Gen.  Laws— 98. 


1166  Streets. 

in  two  daily  newspapers  published  and  circu- 
lated in  said  city  and  county,  or  by  two  successive 
insertions  in  a  weekly  or  semi-weekly  newspaper 
so  published  and  'Circulated,  that  he  has  received 
said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  pay- 
able immediately,  and  that  the  payment  of  said 
sums  is  to  be  made  to  him  within  thirty  days 
from  the  date  of  the  first  publication  of  said  no- 
tice. Said  notice  shall  also  contain  a  statement 
that  all  assessments  not  paid  before  the  expira- 
tion of  said  thirty  days  will  be  declared  to  be  de- 
linquent, and  that  thereafter  the  sum  of  five  per 
cent,  upon  the  amount  of  each  delinquent  assess- 
ment, together  with  the  cost  of  advertising  each 
delinquent  assessment,  will  be  added  thereto. 
When  payment  of  any  assessment  is  made  to 
said  superintendent  of  streets,  he  shall  write  the 
word  "paid"  and  the  date  of  payment  opposite  the 
respective  assessments  so  paid,  and  the  names 
of  persons  by  or  for  whom  said  assessment  is 
paid,  and  shall,  if  so  required,  give  a  receipt  there- 
for. On  the  expiration  of  said  thirty  days,  all  as- 
sessments then  unpaid  shall  be  and  become  delin- 
quent, and  said  superintendent  of  streets  shall 
certify  such  fact  at  the  foot  of  said  assessment 
roll,  and  shall  add  five  per  cent,  to  the  amount 
of  each  assessment  so  delinquent.  The  said  su- 
perintendent of  streets  shall,  within  five  days 
from  the  date  of  said  delinquency,  proceed  to  ad- 
vertise and  collect  the  various  sums  delinquent 
and  the  whole  thereof,  including  the  cost  of  ad- 
vertising, which  last  shall  not  exceed  the  sum  of 
fifty  cents  for  each  lot,  piece,  or  parcel  of  land  sep- 
arately assessed,  by  the  sale  of  the  assessed  prop- 
erty in  the  same  manner  as  is  or  may  be  provided 
for  the  collection  of  state  and  county  taxes;  and 
after  the  date  of  said  delinquency,  and  before  the 
time  of  said  sale  herein  provided  for,  no  assess- 
ment shall  be  received  unless  at  the  time  the  five 
per  cent,  added  thereto,  as  aforesaid,  together 
with  the  cost  of  advertising  then  already  incurred, 
shall  be  paid  therewith.  Said  list  of  delinquent 
assessments  shall  be  published  daily  for  five  days 
in  one  or  more  daily  newspapers  published  and 
circulated  in  such  city,  or  by  at  least  one  insertion 
in  a  weekly  newspaper  so  published  and  circu- 


S5treets.  1167 

latftd,  before  the  day  of  sale  of  such  delinquent 
•assessment.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publica- 
tion of  said  delinqumt  assessment  list,  and  the 
place  must  be  in  or  in  front  of  the  office  of  said 
superintendent  of  streets.  All  property  sold  shall 
be  subject  to  redemption  in  the  same  time  and 
manner  as  in  sales  for  delinquent  state  and 
county  taxes;  and  the  superintendent  of  streets 
may  collect  for  each  certificate  fifty  cents,  and  for 
each  deed  one  dollar.  All  provisions  of  the  law  in 
reference  to  the  sale  and  redemption  of  property 
for  delinquent  state  and  county  taxes  in  force  at 
any  given  time  shall  also  then,  so  far  as  the  same 
are  not  in  conflict  with  the  provisions  of  this  act,be 
applicable  to  the  Piale  and  redemption  of  property 
for  delinquent  assessments  hereunder,  including 
the  issuance  of  certificates  and  the  execution  of 
deeds.  The  deed  of  the  street  superintendent 
made  after  such  sales,  in  case  of  failure  to  redeem, 
sliall  be  prima  facie  evidence  of  the  regularity  of 
all  proceedings  hereunder  and  of  title  in  the 
grantee.  It  shall  be  conclusive  evidence  of  the 
aecessity  of  taking  or  damaging  the  lands  taken 
or  damaged,  and  of  the  correctness  of  the  compen- 
sation awarded  therefor.  The  superintendent  of 
streets  shall,  from  time  to  time,  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  on  ac- 
count of  any  such  assessments.  The  city  treas- 
urer shall,  upon  receipt  thereof,  place  the  same 
in  a  separate  fund,  designating  such  fund  by  the 
name  of  the  street,  square,  lane,  alley,  court,  or 
place  for  the  widening,  opening,  or  other  improve- 
ment of  which  the  assessment  was  made.  Pay- 
ments shall  be  made  from  said  fund  to  the  parties 
entitled  thereto,  upon  warrants  signed  by  the 
commissioners,  or  a  majority  of  them. 

Sec.  17.  When  r.ufficient  money  is  in  the  hands 
of  the  city  treasurer,  in  the  fund  devoted  to  the 
proposed  work  or  improvement,  to  pay  for  the 
land  or  improvements  taken  or  damaged,  and 
when,  in  the  discretion  of  the  commissioners,  or  a 
majority  of  them,  the  time  shall  have  come  to 
make  payments,  it  shall  be  the  duty  of  the  com- 
missioners to  notify  the  owner,  possessor,  or  oc- 
cupant of  any  land  or  improvements  thereon  to 
whom  damages  shall  have  been  awarded  that  a 


1168  Streets. 

warrant  has  been  dniwn  for  the  payment  of  the 
same,  and  that  he  can  receive  such  warrant  at  the 
office  of  such  commissioners,  upon  tendering  a  con- 
veyance of  any  propcn'ty  to  be  taken;  such  a  noti 
fication,  except  in  the  case  of  unknown  owners, 
to  be  made  by  depositing;-  a  notice,  postage  paid, 
in  the  postoffice,  addressed  to  his  last  known 
place  of  abode  or  residence.  If,  at  the  expiration 
of  thirty  days  after  the  deposit  of  such  notice,  he 
should  not  have  applied  for  such  warrant  and 
tendered  a  conveyance  of  the  land  to  be  taken, 
the  warrant  so  drawn  shall  be  deposited  with  the 
county  treasurer,  and  shall  be  delivered  to  such 
owner,  possessor,  or  0(  cupant,  upon  tendering  a 
conveyance  as  aforesaid,  unless  judgment  of  con- 
demnation shall  be  had,  when  the  same  shall  be 
canceled. 

Sec.  18.  If  any  owner  of  land  to  be  taken  neg- 
lects or  refuses  to  accept  the  warrant  drawn  in 
his  favor,  as  aforesaid,  or  objects  to  the  report 
as  to  the  necessity  of  taking  his  land,  the  com- 
missioners, with  the  approval  of  the  city  council, 
may  cause  proceedings  to  be  taken  for  the  con- 
demnation thereof,  as  provided  by  law  under  the 
right  of  eminent  domain.  The  complaint  may 
aver  that  it  is  necessary  for  the  city  to  take  or 
damage  or  condemn  the  said  lands,  or  an  ease- 
ment therein,  as  the  case  may  be,  without  setting 
forth  the  proceedings  herein  provided  for,  and  the 
resolution  and  ordinance  ordering  said  work  to 
be  done  shall  be  conclusive  evidence  of  such  ne- 
cessity. Such  proceedings  shall  be  brought  in  the 
name  of  the  municipalitj ,  and  have  precedence, 
so  far  as  the  business  of  the  court  will  permit: 
and  any  judgment  for  damages  therein  rendered 
shall  be  payable  out  of  such  portion  of  the  special 
fund  as  may  remain  in  the  treasury,  so  far  as  the 
same  can  be  applied.  At  any  time  after  trial  and 
judgment  entered,  or  preceding  an  appeal,  the 
court  may  order  the  city  treasurer  to  set  apart  in 
the  city  treasury  a  sufficient  sum  from  the  fund 
appropriated  to  the  particular  improvement,  to 
answer  the  judgment  and  all  damages,  and  there- 
upon may  authorize  and  order  the  municipality 
to  enter  upon  the  land  and  proceed  with  the  pro* 
l»osed  work  and  improvement.  In  case  of  a  de- 
ficiency  in  said   fund  to  pay  the  whole  of  said 


streets.  1169 

judgment  and  damages,  the  city  council  shall  or- 
der the  balance  thereof  to  be  paid  out  of  the 
^'eneral  fund  of  the  treasury. 

Sec.  19.  The  treasurer  shall  pay  such  warrants 
4)ut  of  the  appropriate  fund,  and  not  otherwise,  in 
the  order  of  their  presentation;  provided,  that 
warrants  for  land  or  improvements  taken  or 
damaged  shall  have  priority  over  warrants  for 
charges  and  expenses,  and  the  treasurer  shall  see 
that  sutticient  money  is  and  remains  in  the  fund 
to  pay  all  warrants  of  the  first  class  before  pay- 
ing any  of  the  second. 

Sec.  20.  If  any  title  attempted  to  be  acquired 
by  virtue  of  this  act  shall  be  found  to  be  defective 
from  any  cause,  the  city  council  may  again  insti- 
tute  proceedings  to  acquire  the  land  as  in  this  act 
provided,  or  otherwise,  or  may  authorize  the  com- 
missioners to  purchase  the  same,  and  include  the 
cost  thereof  in  a  supplementary  assessment,  as 
provided  in  the  last  section. 

Sec.  21.  1.  The  words  "work"  and  "improve- 
ment," as  used  in  this  act,  shall  include  all  work 
mentioned  in  section  one  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semi- 
weekly  newspaper  printed  and  circulated  in  the 
city,  then  such  notices  as  are  herein  required  to 
be  published  in  a  newspaper  shall  be  posted  and 
kept  posted  for  the  length  of  time  required  herein 
for  the  publication  of  the  same  in  a  weekly  news- 
paper, in  three  of  the  most  public  places  in  such 
city.  Proof  of  the  publication  of  posting  of  any 
notice  provided  for  herein  shall  be  made  by  aflS- 
davit  of  the  owner,  publisher,  or  clerk  of  the 
newspaper,  or  of  the  poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word 
"city"  shall  be  understood  and  so  construed  as  to 
include  all  corporations  heretofore  organized  and 
now  existing,  or  hereaftei  organized,  for  munici- 
pal purposes. 

4.  The  term  "street  superintendent"  and  "su- 
perintendent of  streets,"  as  used  in  this  act,  shall 
be  understood  and  so  construed  as  to  include,  and 
are  hereby  declared  to  include,  any  person  or  ofii- 
cer  whose  duty  it  is,  under  the  law,  to  have  the 
care  or  charge  of  the  stieets,  or  the  improvement 
thereof,  in  any  city.  In  all  those  cities  where 
there  is  no  street  superintendent  or  superintend- 


1170  Streets. 

ent  of  streets,  the  city  council  thereof  is  hereby- 
authorized  and  empoAYcred  to  appoint  a  suitable 
person  to  discharge  the  duties  lierein  laid  down  as 
those  of  street  superintendent  or  superintendent 
of  streets,  and  all  the  provisions  hereof  applicable 
to  the  street  superintendent  or  superintendent  of 
streets  shall  apply  to  such  persons  so  appointed. 

5.  The  term  "city  council"  is  hereby  declared 
to  include  any  body  or  board  which,  under  the 
law,  is  the  legislative  department  of  the  govern- 
ment of  any  city. 

6.  The  term  "clerli"  and  "city  clerk,"  as  used 
in  this  act,  is  hereby  declared  to  include  any  per- 
son or  officer  who  shall  bo  clerk  of  said  city  coun- 
cil. 

7.  The  term  "treasurer"  or  "city  treasurer,"  as 
used  in  this  act,  shill  include  any  person  or  offi- 
cer who  shall  have  charge  and  make  payment  of 
the  city  funds. 

Sec.  22.  The  mayor,  tax  collector,  and  city  or 
city  and  county  attorney  as  the  case  may  be,  of 
all  municipalities  wiierein  there  is  existing  at  the 
passage  of  this  act  any  commission  appointed  for 
the  opening,  extending,  or  widening  of  streets  un- 
der the  provision  of  said  act  of  March  sixth, 
eighteen  hundred  and  eighty-nine,  and  which  com- 
mission is  not  within  the  proviso  of  section 
twenty-three  of  this  act,  are  hereby  constituted  a 
board  of  audit,  whose  duty  it  shall  be,  upon  peti- 
tion of  said  commission,  to  carefully  examine  all 
the  accounts,  bills,  and  expenditures,  made  or  con- 
tracted for  by  said  commission,  including  the 
salaries  of  the  said  commissioners;  and  said  board 
of  audit,  or  a  majority  of  its  members,  is  hereby 
autliorized  to  audit  and  allow  such  amounts  as  it 
shall  find  to  be  just  and  reasonable,  and  report 
said  amounts,  with  the  items  thereof  and  to 
whom  payable,  to  the  city  council.  Said  report 
shall  be  final  and  conclusive  as  to  said  amounts. 
The  city  council  is  authorized  to  pass  and  allow 
and  order  paid  to  each  of  the  persons  entitled 
thereto,  the  amounts  so  found  to  be  due,  in  the 
same  manner  as  clai>ns  and  demands  against  such 
municipality  are  passed,  allowed,  and  ordered 
paid.  The  payment  of  said  amounts  shall  be  pro- 
vided for  in  the  tax  levy  next  thereafter  made  by 
said  city  council,  and  when  said  taxes  are  collect- 


streets.  1171 

ed  the  said  amounts  shall  be  paia  out  of  the  gen- 
eral fund  of  said  municipality  in  the  same  man- 
ner as  other  claims  and  demands  are  paia. 

Sec.  23.  The  act  approved  March  sixth, 
eighteen  hundred  and  eighty-nine,  entitled  "An 
act  for  opening,  widtiuing.  and  extending  streets," 
etc.,  after  the  passage  of  this  act,  shall  not  apply 
to  any  city  or  city  and  county  having  a  population 
of  forty  thousand  inhabitants  or  over;  but  as  to 
any  city  or  city  and  coLuty  having  a  population 
of  forty  thousand  or  over  said  act  shall  not  apply; 
but  said  cities  and  citiof  and  counties  shall  be 
subject  only  to  the  provisions  of  this  act  in  all 
matters  embraced  within  the  purview  of  this  act; 
provided,  however,  that  the  present  city  council 
or  other  governing  body  of  any  municipality  of 
forty  thousand  inhabitants  or  over  shall  have 
power,  by  a  three-fourths  vote  of  its  members,  to 
extend  the  life  of  any  existing  commission  uniil 
its  work  shall  have  been  completed  as  in  said  act 
provided;  but  in  all  other  cases  in  cities  or  cities 
and  counties  of  forty  thousand  inhabitants  or 
over,  the  assessments,  plats,  and  reports  filed  by 
said  commissioners  are  declared  to  be  null  and 
void,  and  all  moneys  collected  under  the  provis- 
ions of  said  act  shall  be  refunded  to  the  persons 
from  whom  the  same  were  collected,  in  the  same 
manner  as  taxes  which  have  been  twice  collected, 
and  the  said  commissioners  are  hereby  removed 
from  office;  provided  further,  however,  that  in 
case  of  the  lands  necessary  to  widen  or  open  any 
street,  there  shall  have  been  actually  purchased 
and  conveyed  to  the  municipality,  unaer  the  pro- 
visions of  said  act  of  March  sixth,  eighteen  hun- 
dred and  eighty-nine,  more  than  one-half  of  the 
land  necessary  for  said  improvements,  as  shown 
by  the  report  and  plat  on  file,  then  said  streets, 
and  the  improvement  thereof,  shall  not  be  af- 
fected by  this  act,  but  the  same  shaii  be  com- 
pleted as  commenced. 

Sec.  24.  This  act  shall  be  liberally  construed, 
to  promote  the  objects  thereof. 

This  act  shall  talie  effect  and  be  in  force  from 
the  time  of  its  passage. 


1172  Streets. 

An  act  to  provide  a  system  of  street  improvement 
bonds  to  represent  certain  assessments  for 
the  cost  of  street  work  and  improvement 
wittiin  municipalities,  and  also  for  the  pay- 
ment of  such  bonds. 

[Approved  February  27,  1893;  Stats.  1893,  p.  33.] 

Section  1.  Wherever  in  this  act  the  phrase 
"street-work  act"  is  used,  it  means,  and  shall  be 
taken  to  mean,  the  act  entitled  "An  act  to  provide 
for  work  upon  streets,  lai-es,  alleys,  courts,  places, 
and  sidewalks,  and  for  construction  of  sewers 
within  municipalities,"  approved  March  eight- 
eenth, eighteen  hundred  and  eighty-five,  and  all 
acts  amendatory  thereof  or  supplementary  there- 
to; and  wherever  in  this  act  the  name  of  any  mu- 
nicipal body  or  oflScer  is  used,  or  any  word  or 
phrase  is  used  which  is  not  herein  expressly  de- 
fined, it  means  and  shall  be  taken  to  mean  such 
municipal  body  or  officer,  or  word  or  phrase,  as 
the  same  is  expressly  defined  in  said  street-work 
act,  and  in  all  acts  amendatory  thereof  or  supple- 
mentary thereto. 

Sec.  2.  Whenever  the  city  council  of  any  muni- 
cipality in  this  state  shaJI  find,  upon  estimates  of 
the  city  engineer,  that  the  cost  of  any  proposed 
work  or  improvement  authorized  by  said  street- 
work  act  will  be  greater  than  fifty  cents  per  front 
foot  along  each  line  of  the  street  so  proDosed  to 
be  improved,  including  the  cos;t  of  mtersection 
work  assessable  upon  said  frontage,  it  shall  have 
the  power,  in  its  discretion,  to  determine  that 
serial  bonds  shall  be  issued  to  represent  the  cost 
of  said  work  or  improvement,  in  the  manner  and 
form  hereinafter  provided.  Said  serial  bonds 
shall  extend  over  a  period  not  to  exceed  ten  years 
from  their  date,  and  an  even  annual  proportion 
of  the  principal  sum  thereof  shall  be  payable,  by 
coupon,  on  the  second  day  of  January  every  year 
after  their  date,  until  the  Avhole  is  paid,  and  the 
interest  shall  be  payable  semi-annually,  by  cou- 
pon, on  the  second  days  of  January  and  July,  re- 
spectively, of  each  year,  at  the  rate  of  not  to  ex- 
ceed ten  per  cent,  per  ar  num  on  all  sums  unpaid, 
until  the  whole  of  said  principal  and  interest  are 
paid.  Said  bonds  and  interest  thereon  shall  be 
paid  at  the  oflice  of  the  city  treasurer  of  said  mu- 


streets.  1173 

nicipality,  who  shall  keep  a  fund  designated  by 
the  name  of  said  bonds,  into  which  he  shall  re- 
ceive all  sums  paid  him  for  the  principal  of  said 
bonds  and  the  interest  thereon,  and  from  which 
he  shall  disburse  such  sums,  upon  the  presenta- 
tion of  said  coupons;  and  under  no  circumstances 
shall  said  bonds  or  the  interest  thereon  be  paid 
out  of  any  other  fund.  Said  city  treasurer  shall 
keep  a  register  in  his  office,  which  shall  show  the 
series,  number,  date,  amount,  rate  of  interest, 
payee  and  indorsees  of  each  bond,  and  the  number 
and  amount  of  each  coupon  of  principal  or  inter- 
est paid  by  him,  and  shall  cancel  and  file  each 
coupon  so  paid.  [Amended  March  2.  1899;  stats. 
1899,  ch.  42.] 

Sec.  3.  When  said  city  council  shall  determine 
that  serial  bonds  shall  be  issued  to  represent  th^ 
expenses  of  any  proposed  work  or  improvement 
under  said  streetwork  act,  it  shall  so  declare  in  the 
resolution  of  intention  to  do  said  work,  and  shall 
specify  the  rate  of  interest  which  they  shall  bear. 
The  like  description  of  said  bonds  shall  be  in- 
serted in  the  resolution  ordering  the  work,  in  the 
resolution  of  award,  and  in  all  notices  of  said  pror 
ceedings  required  by  said  street- work  act  to  be 
either  posted  or  published;  and  also  a  notice  that 
a  bond  will  issue  *'0  represent  each  assessment  of 
twenty-five  dollars  or  more  remaining  unpaid  for 
thirty  days  after  the  date  of  the  warrant,  or  five 
days  after  the  decision  of  said  council  upon  an 
appeal,  and  describing  the  bonds,  shall  be  included 
in  the  warrant  provided  for  in" section  nine  of  said 
street-work  act.  [Amended  March  2,  1899;  Stats. 
1899,  ch.  42.1 

Sec.  4.  After  the  full  expiration  of  thirty  days 
from  the  date  of  the  warrant,  or  if  an  appeal  be 
taken  to  the  city  council,  as  provided  in  section 
eleven  of  said  street-work  act,  then  five  days  af- 
ter the  final  decision  of  said  council,  and  after  the 
street  superintendent  shall  have  recorded  the  re- 
turn, as  provided  in  section  ten  of  the  same  act, 
the  street  superintendent  shall  make  and  certify 
to  the  city  treasurer  a  complete  list  of  all  assess- 
ments unpaid,  which  amount  to  twenty-five  dollars 
or  over,  upon  any  assessment  or  diagram  number; 
and  said  treasurer  shall  thereupon  make  out,  sicrn. 
and  issue  to  the  contractor,  or  his  assigns,  payee 
of  the  waiTant  and  assessment,  a  separate  bond, 


1174  Streets. 

representing  upon  each  lot  or  parcel  of  land  upon 
said  list  the  total  amount  of  the  assessments 
against  the  same,  as  thereon  shown.  And  if  said 
lot  or  parcel  of  land  is  described  upon  said  assess- 
ment and  diagram  by  its  number  or  blocli,  or 
both,  and  is  also  designated  by  its  number  or 
block,  or  both,  upon  the  official  map  of  said  mu- 
nicipality, or  upon  any  map  on  file  in  the  oftice  of 
the  county  recorder  of  the  county  in  which  said 
municipality  is  situated,  then  it  shall  be  in  said 
bond  a  sufficient  description  of  said  lot  or  parcel 
of  land  to  designate  it  by  said  number  or  block, 
or  both,  as  it  appears  on  said  official  or  recorded 
map.  Said  bond  shall  be  substantially  in  the  fol- 
lowing form: 

STREET  IMPROVEMENT  BOND. 

Series  (designating  it),  in  the  city  (or  other  form 
of  the  municipality)  of  (naming  it). 

$ !100.  NO. . 

Under  and  by  virtue  of  an  act  of  the  legislature 
of  the  state  of  California  (title  of  said  act),  I,  out 
of  the  fund  for  the  above  designated  street  im- 
provement bonds,  series ,  will  pay  to  ,  or 

order,  the  sum  of ($ ),  with  interest  at  the 

rate  of per  cent,  per  annum,  all  as  is  herein- 
after specified,  and  at  the  office  of  the treas- 
urer of  the of ,  state  of  California.    Thi« 

bond  is  issued  to  represent  the  cost     of     certain 

street  work  upon  ,  in  the  of  ,  as  the 

same  is  more  fully  described  in  the  assessment 

number  ,  issued  by  the  street  superintendent 

of  said  ,  after  his  acceptance  of  said  work, 

and  recorded  in  his  office.  Its  amount  is  the 
amount  assessed  in  said  assessment  against  the 
lot  or  parcel  of  land  numbered  therein,  and   in 

the  diagram  attached  thereto,  as  number ,  and 

which  now  remains  unpaid,  but  until  paid,  with 
accrued  interest,  is  a  first  lien  upon  the  property 
affected  thereby,  as  the  same  is  described  lierein, 
and  in  said  recorded  assessment  with  its  diagram, 

to  wit,  the  lot  or  parcel  of  lauv^  in  said of , 

^•oiiuty  of ,  state  of  California, . 

This  bond  is  payable  exclusively  from  said  fund, 
and  neither  the  municipality  nor  any  officer 
thereof  is  to  be  holden  for  payment  otherwise  of 
its  principal  or  interest.  The  term  of  this  bond 
is years  from  its  date,  and  at  the  expiration 


streets.  1175 

of  said  time  tlie  whole  sum  tlien  unpaid  shall  be 
due  and  payable;  but  on  the  second  day  of  Janu- 
ary of  each  year  after  its  date  an  even  annual  pro- 
portion of  its  whole  amount  is  due  and  payable, 
upon  presentation  of  the  coupon  therefor,  until 
the  whole  is  paid,  with  all  accrued  interest  at  the 

rate  of per  centum  per  annum.     The  interest 

is  payable  semi-annually,  to  wit,  on  the  second 
daj^s  of  January  and  of  July  in  each  year  here- 
after, upon  presentation  of  the  coupons  therefor, 
the  first  of  which  is  for  the  interest  from  date  to 
the  next  second  day  of ,  and  thereafter  the  in- 
terest coupons  are  for  semi-annual  interest,  ex- 
cept the  last,  which  is  for  interest  from  the  semi- 
annual payment  next  preceding  and  to  the  date 
of  the  final  maturity  of  this  bond.  Should  default 
be  made  in  the  annual  payment  upon  the  princi- 
pal, or  in  any  payment  of  interest  from  the  owner 
of  said  lot  or  parcel  of  land,  or  any  one  in  his  be- 
half, tlie  holder  of  this  bond  is  entitled  to  declare 
the  whole  unpaid  amount  to  be  due  and  payable, 
and  to  have  said  lot  or  parcel  of  land  advertised 
and  sold  forthwith,  in  the  manner  provided  by 
law. 

At  said of ,  this  day  of  ,  in  the 

year  one  thousand hundred  and . 


City  treasurer  of  the of . 

Provided,  that  in  case  the  amount  of  unpaid  as- 
sessments upon  any  lot  or  parcel  of  land  shall  be 
less  than  twenty-five  dollars,  then  the  same  shall 
be  collected  as  is  hereinbefore  provided  in  part 
one  of  said  street- worl^  act. 

Provided,  also,  that  if  any  person,  or  his  author- 
ized agent,  sliall  at  any  time  before  the  issuance 
of  the  bond  for  said  assessments  upon  his  lot  or 
parcel  of  land  present  to  the  city  treasurer  his 
affidavit,  made  before  a  competent  officer,  that  he 
is  the  owner  of  a  lot  or  parcel  of  land  in  said  list, 
accompanied  by  the  certificate  of  a  searcher  of 
records  that  he  is  such  owner  of  record,  and  with 
such  affidavit  and  certificate  such  person  notifies 
said  treasurer  in  writing  that  he  desires  no  bond 
to  be  issued  for  the  assessments  upon  said  lot  or 
parcel  of  land,  then  no  such  bond  shall  be  issued 
therefor,  and  the  payee  of  the  warrant,  or  his  as- 
signs, shall  retain  his  right  for  enforcing  collec- 


1176  Streets. 

tion  as  if  said  lot  or  parcel  of  land  had  not  been  so 
listed  by  the  street  superintendent.  The  bonds  so 
issued  by  said  treasurer  shall  be  payable  to  the 
party  to  whom  they  issue,  or  order,  and  shall  be 
serial  bonds,  as  is  hereinbefore  described,  and 
shall  bear  interest  at  the  rate  specified  in  the  reso- 
lution of  intention  to  do  said  worlj.  They  shau 
have  annual  coupons  attached  thereto,  payable  in 
annual  order,  on  the  second  day  of  January  in 
each  year  after  the  date  of  the  bond,  until  all  are 
paid,  and  each  coupon  shall  be  for  an  even  annual 
proportion  of  the  principal  of  the  bond.  They 
shall  have  semi-annual  interest  coupons  thereto 
attached,  the  first  of  which  shall  be  payable  upon 
the  second  day  of  January  or  July,  as  the  case 
may  be,  next  after  its  date,  and  shall  be  for  the 
interest  accrued  at  that  time,  and  the  last  of 
which  shall  be  for  the  amount  of  interest  accru- 
ing from  the  second  day  of  January  or  July,  as 
the  case  may  be,  next  preceding  the  maturity 
of  said  bonds  to  the  maturity  thereof.  The 
city  treasurer  shall,  in  addition  to  his  other 
duties  in  the  premises,  report  all  coupon  pay- 
ments of  principal  upon  said  bonds  to  the 
street  superintendent,  who  shall  forthwith  indorse 
the  same  upon  the  margin  of  the  record  of  the 
assessment  to  the  credit  of  which  the  same  is 
paid,  and  said  assessment  shall  be  a  first  lien 
upon  the  property  affected  thereby  until  the  bond 
issued  for  the  payment  thereof,  and  the  accrued 
interest  thereon,  shall  be  fully  paid.  Said  bonds, 
by  their  issuance,  shall  be  prima  facie  evidence 
of  the  regularity  of  all  proceedings  thereto  under 
said  street-work  act  and  this  act,  previous  to  the 
making  of  the  certified  list  of  all  assessments  un- 
paid to  the  amount  of  twenty-five  dollars  or  over 
by  the  street  superintendent,  to  the  city  treasurer, 
and  of  the  validitv  of  said  lien,  up  to  the  date 
of  said  list.  [Amended  March  2,  1899;  Stats.  1B99, 
ch.  42.] 

Sec.  5.  Whenever,  through  the  default  of  the 
owner  of  any  lot  or  parcel  of  land  to  represent 
the  assessment  upon  which  such  bond  has  been,  or 
may  hereafter  be,  issued,  any  payment,  either 
upon  the  principal,  or  of  the  interest,  has  not  been, 
or  shall  not  be  made  when  the  same  has  become, 
or  shall  become  due,  and  the  holder  of  the  bond 


Streets.  1177 

thereupon  demands,  in  writing,  that  the  said  city- 
treasurer  proceed  to  advertise  and  sell  saia  lot  or 
parcel  of  land,  as  herein  provided,  then  the  whole 
bond,  or  its  unpaid  remainder,  with  its  accrued  in- 
terest, as  expressed  in  said  bond,  shall  become 
due  and  payable  immediately,  and  on  the  day 
following  shall  become  delinquent. 

Subdivision  a.  Upon  the  application  of  the 
holder  of  any  bond  that  is  now  or  shall  hereafter 
become  delinquent  as  provided  in  this  section,  the 
said  city  treasurer  shall  publish  for  two  weeks  in 
a  newspaper  of  general  circulation,  to  be  desig- 
nated by  him,  published  in  the  city  where  his  of- 
fice is  situated,  a  notice  which  must  contain  the 
date,  number,  and  series  of  the  delinquent  bond, 
a  description  of  the  property  mentioned  in  said 
bond,  and  the  name  of  the  owner  of  such  property 
(if  known),  and  if  unknown,  the  fact  shall  be  so 
stated,  the  amount  due  thereon,  and  a  statement 
that  unless  the  amount  of  said  bond  and  the  in- 
terest due  thereon,  together  with  the  cost  of  pub- 
lication of  such  notice  are  paid,  the  real  property 
described  in  said  bond  will  be  sold  at  public  auc- 
tion on  a  day  to  be  therein  fixed,  which  shall  not 
be  less  than  fifteen  nor  more  than  thirty  days 
from  the  day  of  the  first  pubication  of  said  notice, 
and  the  place  of  such  sale,  which  must  be  the 
ofiice  of  the  said  city  treasurer. 

Subdivision  b.  The  city  treasurer,  before  the 
day  of  sale  hereinafter  provided  for,  must  file  with 
the  city  clerk  a  copy  of  the  publication,  with  an 
affidavit  of  the  publisher  of  such  newspaper,  or 
some  one  in  his  behalf,  attached  thereto,  that  it 
is  a  true  copy  of  the  same;  that  the  publication 
was  made  in  a  newspaper,  stating  its  name  and 
place  of  publication  and  the  date  of  each  appear- 
ance in  which  such  publication  was  made— which 
affidavit  is  primary  evidence  of  all  the  facts  stated 
therein. 

Subdivision  c.  The  city  treasurer  must  collect, 
in  addition  to  the  account  due  on  such  bond,  the 
cost  of  the  publication  of  such  notice,  ana  fifty 
cents  for  the  certificate  of  sale,  as  hereinafter  pro- 
vided. 

Gen.  Laws— 99. 


1178  Streets. 

Subdivision  d.  At  any  time  prior  to  the  sale, 
tlie  owner  or  person  in  possession  of  any  real  es- 
tate offered  for  sale  under  the  provisions  of  this 
act  may  pay  the  whole  amount  of  said  bond  then 
due,  with  costs,  and  such  bond  shall  thereupon 
be  canceled;  but  in  case  such  payment  is  not  made 
by  such  owner,  or  person  in  possession,  or  by  some 
one  in  behalf  of  such  owner,  or  person  in  pos- 
session, the  property^  subject  thereto  shall  be  sold 
as  herein  provided. 

Subdivision  f.  The  city  treasurer,  before  deliv- 
ering any  certificate,  must,  in  a  book  l^ept  in  his 
office  for  that  purpose,  enter  the  date,  number, 
and  series  of  the  bond,  a  description  of  the  land 
sold  con'esponding  with  the  description  in  the  cer- 
tificate, the  date  of  sale,  purchaser's  name,  the 
amount  paid,  regularly  number  the  descriptions 
on  tlie  margin  of  the  book,  and  put  a  correspond- 
ing number  on  each  certificate.  Such  book  must 
be  open  to  public  inspection  during  office  hours 
when  not  in  actual  use,  and  he  shall  enter  on  the 
record  of  the  bond  the  words  "canceled  by  sale  of 
the  property."  giving  the  date  of  suclT  sale. 

Subdivision  (/.  Immediately  on  the  sale,  the  pur- 
chaser shall  become  vested  with  a  lien  on  the 
property,  so  sold  to  him,  to  the  extent  of  his  bid, 
and  is  only  divested  of  such  lien  by  the  payment 
to  the  city  treasurer  of  the  purchase  money,  in- 
cluding costs  herein  provided  for,  with  interest 
thereon  at  the  rate  of  one  per  cent  per  month 
from  the  date  of  sale. 

Subdivision  /*.  A  redemption  of  the  property 
sold  may  be  made  by  the  owner  of  the  property, 
or  any  party  in  interest,  within  twelve  months 
from  the  date  of  purchase,  or  at  any  time  prior 
to  the  application  for  a  deed,  as  hereinafter  pro- 
vided. Redemption  must  be  made  in  lawful  money 
of  the  United  States,  and  when  made  to  the  city 
treasurer  he  must  credit  the  amount  paid  to  the 
person  named  in  his  certificate,  and  pay  it  on  de- 
mand to  him  or  his  assignees. 

Subdivision  i.  On  receiving  the  certificate  of 
sale,  the  recorder  must  file  it,  and  make  an  entry 
in   a    book   similar   to   that   required   of   the   city 


streets.  1179 

treasurer,  the  fee  for  which  shall  be  fifty  cents, 
and  on  presentation  of  the  receipt  of  the  city  treas- 
urer for  the  total  amount  of  the  redemption  money, 
the  recorder  must,  without  charge,  mark  the  word 
"redeemed,"  the  date,  and  by  whom  redeemed, 
on  the  margin  of  the  book  where  the  entry  of  the 
certificate  is  made. 

Subdivision  j.  If  the  property  is  not  redeemed 
within  the  time  allowed  by  subdivision  h  hereof 
for  its  redemption,  the  city  treasurer,  or  his  suc- 
cessor in  office,  upon  application  of  the  purchaser 
or  his  assignee,  must  make  to  said  pm-chasei",  or 
his  assignee,  a  deed  to  the  property,  reciting  in 
the  deed,  substantially,  the  matter  contained  in 
the  certificate,  and  that  no  person  has  redeemed 
the  property  during  tlie  time  allowed  for  its  re- 
demi>tion;  the  treasurer  shall  be  entitled  to  receive 
from  the  purchaser  two  dollars  for  making  said 
deed,  which  shall  be  deposited  in  the  city  treas- 
ury for  the  use  of  the  city  after  payment  has 
been  made  therefrom  for  the  acknowledgment  of 
said  deed;  provided,  however,  that  the  purchaser 
of  the  property,  or  his  assignee,  must,  thirty  days 
prior  to  the  expiration  of  the  time  of  the  redemp- 
tion, or  thirty  days  before  his  application  for  a 
deed,  serve  upon  the  ow^ner  or  agent  of  the  prop- 
erty purchased,  if  named  in  such  certificate,  and 
upon  the  party  occupying  the  property,  if  the  prop- 
erty is  occupied,  a  written  notice,  stating  that  said 
property,  or  a  portion  thereor,  has  been  sold  to 
satisfy  the  bond  lien,  the  date  of  sale,  the  date, 
number,  and  series  of  the  bond,  the  amount  then 
due,  and  the  time  when  the  right  of  redemption 
will  expire,  or  when  the  purchaser  will  apply  for 
a  deed,  and  the  owner  of  the  property  shall  have 
the  right  of  redemption  indefinitely,  until  such 
notice  shall  have  been  given  and  said  deed  ap- 
plied for,  upon  the  payment  of  the  fees,  penalties, 
and  costs  in  this  act  required.  In  case  of  unoc- 
cupied property,  a  similar  notice  must  be  posted 
in  a  conspicuous  place  upon  the  property  at  least 
thirtj^  days  before  the  expiration  of  the  time  for 
redemption,  or  thirty  days  before  the  purchaser 
applies  for  a  deed;  and  no  deed  to  the  property 


1180  Streets. 

sold,  in  accordance  with  the  provisions  of  this  act, 
shall  he  issued  by  the  city  treasurer  to  the  pur- 
chaser of  such  property,  until  such  purchaser  shall 
have  filed  with  sucli  treasurer  an  affidavit  show- 
ing that  the  notice  liereinbefore  required  to  be 
given  has  been  given  as  herein  required,  which 
said  affidavit  shall  be  filed  and  preserved  by  the 
said  treasurer  as  other  records  kept  by  him  in  his 
office.  Such  purchaser  shall  be  entitled  to  receive 
the  sum  of  fifty  cents  for  his  service  of  such  no- 
tice and  the  making  of  said  affidavit,  which  sum 
of  fifty  cents  shall  be  paid  by  redemptioner  at  the 
time  and  in  the  same  manner  as  the  other  sums, 
costs,  and  fees  are  paid. 

Subdivision  k.  The  deed,  when  duly  acknowl- 
edged or  proved,  is  primary  evidence  of  the  reg- 
ularity of  all  proceedings  theretofore  had,  and  con- 
veys to  the  gi'antee  the  absolute  title  to  the  lands 
described  therein,  as  of  the  date  of  the  expiration 
of  the  period  for  redemption,  free  of  all  incum- 
brances, except  the  lien  for  state,  county,  and  mu- 
nicipal taxes.  [Amended  March  2,  1899;  Stats. 
1899:  ch.  xlii.] 

See-  6.  Whenever  any  railroad  track  or  tracks 
of  any  description  exists  upon  any  street  or  streets 
on  which  the  city  council  has  ordered  work  to  be 
done  or  improvements  made,  excepting  therefrom 
such  portions  as  is  required  by  law  to  be  kept  in 
order  or  repair  by  any  person  or  company  hav 
ing  railroad  tracks  thereon,  the  said  council  may, 
at  any  time  thereafter,  order  such  person  or  com- 
pany *^to  perform  upon  said  excepted  portion  the 
work  or  improvements,  similar  in  all  respects  to 
that  already  ordered  to  be  performed  under  the 
same  specifications  and  superintendence,  with  the 
same  materials,  within  the  same  time,  and  to  the 
like  satisfaction  and  acceptance.  Thereupon  it 
shall  be  the  duty  of  the  clerk  of  said  council  tr> 
deliver  immediately  a  copy  of  such  order,  certified 
by  him,  to  such  person  or  comi)any,  and  to  make 
and  preserve  in  his  office  a  certificate  of  such  de 
livery,  its  date,  and  upon  whom  made.  Should 
such  person  or  company,  for  thirty  days,  or  within 
such  extension  of  time  as  the  city  council  may 


Streets.  1180  a 

grant,  thereafter  refuse  or  neglect  to  make  or  have 
made  such  work  or  improvement  in  the  manner  or 
time  ordered,  it  shaU  be  the  duty  of  the  city  coun- 
cil to  have  such  work  or  improvement  performed, 
and  such  refusal  or  neglect  punished  in  the  man- 
ner provided  by  law.  Within  fifteen  days  after  re- 
ceiving the  certified  copy  of  said  order,  such  per-, 
son  or  company  may  tile  with  the  clerk  of  said 
council  a  written  assumption  of  the  performance 
of  said  work  or  improvement,  according  to  the  or- 
der, or  a  request  to  the  council  to  have  such  work 
or  improvement  performed,  for  and  at  ihe  expense 
of  such  person  or  company,  in  the  manner  herein 
provided.  The  failure  to  file  such  instrument 
within  said  time  shall  be  taken  and  deemed  to  be 
a  refusal  to  comply  with  the  order.  Upon  recep- 
tion of  said  assumption  of  direct  performance  of 
said  work  or  improvement,  the  city  council  shall 
take  no  further  proceedings  in  the  matter,  unless 
such  person  or  company  neglects  or  fails  for  thir- 
ty days,  or  such  further  time  as  the  council  may 
grant,  to  comply  with  the  provisions  of  the  order. 
But  if  such  person  or  company  files  the  said  re- 
quest that  the  said  council  have  such  work  or  im- 
provement performed,  or  fails  to  perform  said 
work  within  thirty  days,  or  within  such  further 
time  as  the  council  may  grant,  then  said  city  coun- 
cil may  pass  an  ordinance  of  intention  to  perform 
said  work,  which  ordinance  shall  specify  the  work 
to  be  performed,  and  a  statement  that  unless  with- 
in thirty  days  after  the  recording  of  the  return  of 
the  warrant,  or  within  five  days  after  the  final 
decision  of  the  council  on  an  appeal,  the  said 
person  or  company  shall  pay  the  cost  of  said 
work,  or  the  street  superintendent  of  said  city 
shall  issue  bonds  to  represent  the  cost  of  said 
work,  stating  also  that  the  cost  of  said  work,  in 
case  bonds  shall  issue,  shall  be  paid  in  ten  yearly 
installments,  and  also  the  rate  of  interest  (not  to 
exceed  ten  per  cent  per  annum)  that  the  same 
shall  bear.  The  subsequent  procedure  shall  be  as 
provided  by  the  "street-work  act."  A  similar 
statement  shall  also  be  incorporated  in  all  notices 
required  to  be  posted  or  published  by  the  pro- 
visions of  the  "street-work  act";  also  in  the  ordi- 


1180  b  Streets. 

nance  or  resolution  ordering  the  work,  advertise- 
ment for  proposals,  and  in  the  contract.  When- 
ever the  person  or  company  owning  any  such 
railroad  shall  not  have,  within  thirty  days  after 
the  recording  of  the  return  of  the  warrant,  or 
within  five  days  after  the  final  decision  of  the 
council  on  an  appeal,  paid  the  cost  of  such  work, 
the  street  superintendent  shall  issue  to  the  con- 
tractor, or  his  assigns,  bonds  for  the  amount  of 
such  cost,  which  shall  describe  the  franchise, 
tracks,  and  road-bed  along  or  between  which  said 
work  has  been  performed,  and  describing  the  same 
as  upon  the  assessment  and  diagram,  giving  its 
assessment  number.  Such  bonds  shall  also  de- 
scribe the  work  performed,  giving  the  total 
amount  of  the  cost  of  such  work,  the  name  of  the 
owner  of  said  railroad,  the  number  of  install- 
ments in  which  the  cost  of  the  work  is  to  be  paid, 
and  the  rate  of  interest  which  the  deferred  pay- 
ments shall  bear.  Said  bonds  shall  be  in  sums  of 
not  less  tlian  one  hundred  dollars  or  ihore  than 
one  thousand  dollars,  and  shall  recite  that  the 
total  amount  of  the  cost  of  such  work,  together 
with  the  interest  thereon,  as  represented  in  said 
bonds,  is,  except  state,  county,  and  municipal 
taxes,  a  first  lien  upon  all  the  track,  road-bed, 
switches,  and  franchises  of  said  railroad  lying 
within  the  corporate  limits  of  the  city  or  to^vn,  on 
any  part  of  which  said  work  has  been  performed. 
Said  street  superintendent  shall  also  keep  a 
record  of  such  bonds,  as  required  by  section  eigh- 
teen of  the  "street-work  act."  Whenever  bonds 
have  been  issued,  as  herein  provided,  the  same, 
together  with  the  cost  of  such  work  and  the  in- 
terest thereon,  shall  be,  except  state,  county,  or 
municipal  taxes,  a  first  lien  upon  all  the  tracks, 
road-beds,  switches,  and  franchises  of  said  rail- 
road within  the  corporate  limits  of  the  city  or 
town,  on  any  part  of  which  said  work  has  been 
performed.  Sections  four  and  five  of  this  act,  re- 
garding the  form,  issuance,  and  foreclosure  of 
street  bonds,  and  the  sale  of  property  described 
therein,  shall  apply  hereto,  except  that  the  work 
required  to  be  performed  by  the  treasurer  by 
said   sections   shall  be  performed   by  the  street 


streets.  1180c 

superintendent,  in  so  far  as  the  bonds  for  the  pav- 
ing of  railroads  are  concerned.  None  of  the  pro- 
visions of  the  "street-work  act"  in  regard  to  a 
protest  against  the  work  shall  apply  to  any  work 
contemplated  by  this  section.  All  provisions  of  the 
"street-work  act"  not  inconsistent  with  the  pro- 
visions hereof  shall  apply  hereto. 

Sec.  7.  The  term  "city  treasurer,"  as  used  in 
this  act,  shall  be  held  to  mean  and  include  any 
person  who,  under  whatever  name  or  title,  is  the 
custodian  of  the  funds  of  the  municipality. 

Sec.  8.  The  act  entitled  "An  act  to  amend  an 
act  entitled  'An  act  to  provide  for  work  upon 
streets,  lanes,  alleys,  courts,  places,  and  side- 
walks, and  for  construction  of  sewers  within  mu- 
nicipalities,' approved  March  eighteenth,  eighteen 
hundred  and  eighty-five,  by  adding  thereto  an  ad- 
ditional part,  numbered  four,  consisting  of  sec- 
tions thirty-eight,  thirty-nine,  forty,  forty-one, 
forty-two.  forty-three,  ^nd  forty-four,  relative  to 
a  system  of  street  improvement  bonds,"  approved 
March  seventeenth,  eighteen  hundred  and  ninety- 
one,  is  hereby  repealed,  except  as  to  any  and  all 
proceedings  hitherto  commenced  thereunder, 
which  proceedings  may  be  completed  and  have 
full  force  as  is  therein  provided. 

Sec.  9.  This  act  shall  take  effect  and  become 
of  force  from  and  after  its  passage. 


An  Act  fixing  and  regulating  the  manner  of  sale 
and  redemption  of  real  property  for  delinquent 
assessments  to  pay  the  damages,  costs,  and  ex- 
pense for  or  incident  to  laying  out,  opening, 
extending,  widening,  straightening,  diverging, 
curving,  contracting,  or  closing  up,  in  whole  or 
in  any  part,  any  street,  square,  lane,  alley, 
court,  or  place  within  municipalities  in  this 
State. 

[Stat,  approved  March  27,  1895;  Stats.  1895,  chap, 
clxxvii.] 

The  People  of  the  State  of  California,  represented 
in  the  Senate  and  Assembly,  do  enact  as  fol- 
lows: 


llSOd  Streets. 

Section  1.  All  sales,  and  redemptions  aftep 
sale,  of  any  real  property  upon  which  the  assess- 
ment levied  and  assessed  to  pay  the  damages, 
costs,  and  expense  f,or  or  incident  to  laying  out, 
opening,  extending,  widening,  straightening,  di- 
verging, curving,  constructing,  or  closing  up,  in 
whole  or  in  part,  any  street,  square,  lane,  alley, 
court,  or  place  within  municipalities  in  this  State, 
shall  remain  unpaid  and  become  delinquent  under 
the  provisions  of  any  Act  or  law  regulating  such 
matters,  shall  be  made  and  had  in  the  same  time 
and  manner  as  such  sales  and  redemption  were  re- 
quired by  law  to  be  made  and  had  on  the  first 
day  of  January,  Anno  Domini  eighteen  hundred 
and  ninety-five. 

Sec.  2.  All  Acts  or  parts  of  Acts  in  confiict  with 
this  Act  are  hereby  repealed. 

Sec.  3.  This  Act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 


Sundays— Surveyors.  1181 

TITLE  273. 

SUNDAYS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle, Sunday,  p.  695. 

TITLE  274. 

SUPERVISORS. 

Acts  relating  to:  See  Penal  Code,  Appendix,  ti- 
tle. Supervisors,  p.  696:  Political  Code,  Appendix,, 
title.  Supervisors,  p.  1065. 


TITLE  275. 
SUPREME  COURT  REPORTER. 
Deputy  for:  See  Political  Code,  p.  1065. 

TITLE  276. 

SURA^EYOR  GENERAL. 

Act  relating  to:  See  Political  Code,    Appendix^ 
title  Surveyor  General,  p.  1066. 


TITLE  277. 
SURVEYORS. 

An  act  to  define  the  duties  of  and  to  license  land 

surveyors. 
[Approved  March  31,  1891;  Stats.  1891,  p.  478.] 
Section  1.  Every  person  desiring  to  become  a 
licensed  land  surveyor  in  this  state  must  present 
to  the  state  surveyor  general  of  this  state  a  certif- 
icate that  he  is  a  person  of  good  moral  character; 
also,  a  certificate  signed  by  three  licensed   sur- 


1182  Surveyors. 

veyors,  or  a  certificate  signed  by  the  board  of  ex- 
amining surveyors  (provided  for  in  section  five  of 
this  act),  which  certificate  shall  set  forth  that  the 
person  named  therein  is,  in  the  opinion  of  the  per- 
son signing  the  same,  a  fit  and  competent  person 
to  receive  a  license  as  a  land  surveyor,  together 
with  his  oath  that  he  will  support  the  constitution 
of  this  state  and  of  the  United  States,  and  that  he 
will  faithfully  discharge  the  duties  of  a  licensed 
land  surveyor,  as  defined  in  this  act. 

Sec.  2.  Upon  receipt  of  such  certificate  and  oath 
by  the  state  surveyor  general,  it  shall  be  his  duty 
forthwith  to  issue  to  such  applicant  a  license, 
without  charge,  which  license  shall  set  forth  the 
fact  that  the  applicant  is  a  competent  surveyor, 
or  that  he  has  had  at  least  two  years'  experience 
in  the  field  as  a  surveyor  or  assistant  surveyor. 

Sec.  3.  Such  license  shall  contain  the  full  name 
of  the  applicant;  the  technical  institution  from 
which  he  is  a  graduate  (if  he  be  a  graduate),  or  if 
he  be  not  a  graduate,  the  fact  must  be  stated  in 
the  license;  his  birthplace,  age,  and  to  whom  is- 
sued; the  name  of  the  person  upon  whose  certif- 
icate the  license  is  issued,  and  the  date  of  its  is- 
suance. 

Sec.  4.  All  papers  received  by  the  state  sur- 
veyor general  on  application  for  licenses  shall  be 
kept  on  file  in  his  office,  and  a  proper  index  and 
record  thereof  shall  be  kept  by  him,  and  a  list  of 
all  licensed  land  surveyors  shall  be  kept  by  him, 
and  he  shall  monthly  transmit  to  the  county  re- 
corder of  each  county  in  this  state  a  full  and  cor- 
rect list  of  all  persons  so  licensed;  and  it  is  here- 
by made  the  duty  of  such  recorders  to  keep  such 
lists  in  their  offices  in  such  a  way  as  they  may 
be  easily  accessible  to  all  persons. 

Sec.  5.  Within  t^^enty  days  after  the  passage 
of  this  act,  the  governor  shall  appoint  three  sur- 
veyors in  good  standing,  members  of  the  techni- 
cal society  of  the  Pacific  coast,  and  two  other  sur- 
veyors in  good  standing,  not  members  of  such  so- 
ciety, as  a  board  of  examining  surveyors,  who 
shall  conduct  such  examinations  and  make  such 
inquiries  as  to  them  may  seem  necessary  to  as- 
certain the  qualifications  of  applicants  for  survey- 
ors' licenses. 

Sec.  6.  A  majority  of  the  board  of  examining 
surveyors  shall  meet  on  the  first  Friday  of  each 
month  during  their  term  of  office,  in  the  rooms 


Surveyors.  1183 

of  the  technical  society  of  the  Pacific  coast,  in 
San  Francisco,  and  at  such  other  times  and  places 
as  they  may  select.  The  members  of  the  board 
shall  hold  office  for  the  term  of  one  year  from  the 
date  of  appointment,  and  shall  serve  without 
compensation. 

Sec.  7.  Every  licensed  surveyor  shall  have  a 
seal  of  office,  the  impression  of  which  must  con- 
tain the  name  of  the  surveyor,  his  principal  place 
of  business,  and  the  words  "licensed  surveyor"; 
and  all  maps  and  papers  signed  by  him,  and  to 
which  said  seal  has  been  attached,  shall  i^e  prima 
facie  evidence  in  all  the  courts  of  this  state. 

Sec.  8.  Surveyors'  licenses,  issued  in  accord- 
ance with  this  act,  shall  remain  in  force  until  re- 
volved for  cause,  as  hereinafter  provided. 

Sec.  9.  Every  licensed  surveyor  is  authorized  to 
administer  and  certify  oaths,  when  it  becomes 
necessary  to  take  testimony  to  identify  or  estab- 
lish old  or  lost  comers;  or,  if  a  corner  or  monu- 
ment be  found  in  a  perishable  condition,  and  it  ap- 
pears desirable  that  evidence  concerning  such  cor- 
ner or  monument  be  perpetuated;  or  whenever 
the  importance  of  the  survey  malves  it  desirable, 
to  administer  an  oath  for  the  faithful  performance 
of  duty  to  his  assistants.  A  record  of  such  oaths 
shall  be  preserved  as  a  part  of  the  field  notes  of 
the  survey. 

Sec.  10.  Every  licensed  surveyor  is  hereby  au- 
thorized to  make  surveys  relating  to  the  sale  or 
subdivision  of  lands,  the  retracing  or  establishing 
of  property  or  boundary  lines,  public  roads, 
streets,  alleys,  or  trails;  and  it  shall  be  the  duty  of 
each  surveyor,  whenever  making  any  such  sur- 
veys, except  those  relating  to  the  retracing  or  sub- 
division of  cemetery  or  town  lots,  whether  the  sur- 
vey be  made  for  private  persons,  corporations, 
cities,  or  counties,  to  set  permanent  and  reliable 
monuments,  and  such  monuments  must  be  perma- 
nently marked  with  the  initials  of  the  surveyor 
setting  them. 

Sec.  11.  Within  sixty  days  after  a  survey  re- 
lating to  the  sale  or  subdivision  of  lands,  the  re- 
tracing or  establishing  of  property  and  boundary 
lines,  public  roads  or  trails,  original  cemetery 
or  town  sites,  and  their  subdivisions,  has  been 
made  by  a  licensed  surveyor,  he  shall  file  with 
the  recorder  of  the  county  in  which  such  sur- 
vey or  any  portion  thereof  lies,  a  record  of  sur 


1184  Surveyors. 

vey.  Such  record  shall  be  made  in  a  good 
draughtsman-like  manner,  on  one  or  more  sheets 
of  firm  paper  of  the  uniform  size  of  twenty-one  by 
thirty  inches.  This  record  of  survey  shall  be 
either  an  original  plat  or  a  copy  thereof,  and  must 
contain  all  the  data  necessary  to  enable  any  com- 
petent practical  surveyor  to  retrace  the  survey. 
The  record  of  survey  must  show:  All  permanent 
monuments  set,  describing  their  size,  kind,  and 
location,  with  reference  to  the  corners  which 
they  are  intended  to  perpetuate;  all  bearing  or 
witness  trees  marked  in  the  field;  complete  out- 
lines of  the  several  tracts  or  parcels  of  land  sur- 
veyed within  courses,  and  lengths  of  boundary 
lines;  the  angles,  as  measured  by  Vernier  read- 
ings, which  the  lines  of  blocks  or  lots,  if  the  re- 
cord relate  to  an  original  town  site  survey,  make 
with  each  other  and  with  the  center  lines  of  ad- 
jacent streets,  alleys,  roads,  or  lanes;  the  varia- 
tions of  the  magnetic  needle  with  which  old  lines 
have  been  retraced;  the  scale  of  the  map;  the 
date  of  survey;  a  proper  connection  with  one  or 
more  points  of  an  original  or  larger  tract  of  land 
and  the  name  of  the  same;  the  name  of  the  grant 
or  grants,  or  of  the  townships  and  ranges,  within 
which  the  survey  is  located;  the  signature  and 
seal  of  the  surveyor;  provided,  that  nothing  in  this 
section  shall  require  record  to  be  made  of  surveys 
of  a  preliminary  nature,  where  no  monuments  or 
corners  are  established. 

Sec.  12.  The  record  of  surveys  thus  filed  with 
the  county  recorder  of  any  county  must  be  by  him 
pasted  into  a  stub-book,  provided  for  that  purpose, 
and  he  must  keep  a  proper  index  of  such  recoi"ds, 
by  name  of  owner,  by  name  of  surveyor,  by  name 
of  grant,  city,  or  town,  and  by  United  States  sub- 
divisions; and  he  shall  make  no  charge  for  filing 
and  indexing  such  records  of  surveys. 

Sec.  13.  Upon  the  failure  of  any  licensed  sur- 
veyor to  comply  with  the  requirements  of  this  act 
and  the  furnishing  of  satisfactory  proofs  of  such 
fact,  the  state  surveyor  general  must  revoke  his  li- 
cense, and  no  other  license  shall  be  issued  to  him 
within  one  year  from  such  revocation.  A  viola- 
tion of  section  eleven  of  this  act  shall  be  a  misde- 
meanor, and  any  person  convicted  of  such  viola- 
tion shall  be  punished  by  a  fine  not  to  exceed  more 
than  one  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  exceeding  thirty  days. 


Surveyors— Sutter  County,  1185 

Sec.  14.  In  ease  said  board  shall  refuse  to  meet 
and  examine  applicants  for  licenses  as  in  ttiis  act 
provided,  and  issue  to  such  applicants  the  certifi- 
cate or  certificates  mentioned  in  this  act,  if  such 
person  be  a  fit  and  competent  person  to  receive 
the  same,  they  may  be  compelled  to  do  so  by  man- 
damus; and  if  upon  the  hearing  of  such  man- 
damus it  appears  that  they  have  willfully  and 
wrongfully  refused  to  examine  any  applicant,  or 
to  issue  him  a  certificate  when  he  is  entitled  to 
the  same,  such  board  so  refusing  or  failing  shall 
be,  jointly  and  severally,  liable  for  all  cost  of  said 
mandamus  proceeding,  including  attorney's  fee 
of  five  hundred  dollars,  and  shall  be  so  jointly 
and  severally  liable  to  any  person  aggrieved  by 
such  refusal,  in  the  sum  of  five  hundred  dollars, 
as  fixed,  settled,  and  liquidated  damages,  which 
may  be  recovered  in  any  court  in  this  state,  and 
the  judgment  (if  it  be  for  plaintiff)  in  mandamus 
shall  be  prima  facie  evidence  of  such  injury  and 
damage  in  any  action  which  may  be  brought  to 
recover  damages  under  the  provisions  of  this  act. 

Sec.  15.  All  that  part  of  the  Code  of  Civil  Pro- 
cedure of  this  state  relating  to  mandamus  is  here- 
by made  applicable  to  the" provisions  of  this  act; 
and  all  proceedings  in  mandamus  under  this  act 
shall  be  in  accordance  therewith. 

Sec.  16.  This  act  shall  take  effect  on  the  first 
day  of  July,  eighteen  hundred  and  ninety-one. 


TITLE  278. 

SUTTER  COUNTY. 

A  reference  to  special  laws  affecting  Sutter 
county  is  contained  in  Deering's  Annotated  Penal 
Code,  pp.  711  and  712. 

In  addition  to  those  there  referred  to  consult: 

Act  approved  March  19,  1889;  Stats.  1889.  p.  355, 
relating  to  levee  district  No.  1;  act  approved 
March  10.  1891,  Stats.  1891,  p.  62.  relating  to 
swamp  land  district  seventy;  an  act  amending  the 
act  authorizing  supervisors  to  construct  bridge 
across  Feather  river,  approved  March  19,  1889; 
Stats.  1889,  p.  323. 


1186  Swamp  and  Overflowed  Lands. 

TITLE  279. 
SUTTER'S  FORT. 
Consult  the  following  acts: 

An  act  to  provide  for  the  appointment  of  a  board 
of  Sutter's  Fort  trustees,  and  for  the  acquisi- 
tion of  the  Sutter's  Fort  property,  and  provid- 
ing for  an  appropriation  for  the  preservation, 
protection,  and  improvement  of  said  property. 
[Approved  March  7,  1891;  Stats.  1891,  p.  25.] 

An  act  providing  an  appropriation  for  the  purpose 

of  completing  and  preserving  Sutter's  Fort. 

[Approved  March  9,  1893;  Stats.  1893,  p.  102.] 


An  act  for  the  appointment  of  a  guardian.     [Ap- 
proved March  16,  1895,  p.  56.]. 


An  act  providing  an  appropriation  for  the  im- 
provement of  and  repairs  to  Sutter's  Fort  and 
grounds. 

[Stat,  approved  April  1,   1897;  Stats.  1897,  chap, 
cclxxvi.] 


TITLE  280. 
SWAMP  AND  OVERFLOWED  LANDS. 

Acts  relating  to:  See  ante,  title  "Lands  of  the 
State." 

An  act  to  determine  that  lands  of  this  state  are 
swamp  and  overflowed  when  returned  as  such 
by  the  United  States  surveyor  general. 
[Approved  March  31,  1891;  Stats.  1891,  p  221.] 

Section  1.    Lands  within  this  state  which  have 
been  or  may  hereafter  be  returned  by  the  United 


Swamp  and  Overflowed  Lands.  1187 

States  surveyor  general  as  swamp  and  overflowed 
lands,  and  shown  as  such  on  approved  township 
plati?,  shall,  as  soon  as  patents  have  been  or  may- 
be issued  therefor  by  this  state,  be  held  to  be  of 
the  character  so  returned;  provided,  however, 
that  nothin.i?  herein  contained  shall  be  construed 
to  affect  the  rights  of  any  homestead  or  pre- 
emption settler  claiming  under  the  laws  of  the 
United  States,  nor  shall  it  affect  any  suit  now 
pending  in  any  court  as  between  the  parties 
thereto;  provided,  that  nothing  contained  in  this 
act  shall  be  construed  to  prejudice  the  rights  of 
any  settler  now  or  hereafter  located  upon  said 
lands  to  perfect  title  to  the  same,  if  permitted  un- 
der existing  laws. 

Sec.  2.    This  act  shall  take  effect  from  and  af- 
ter its  passage. 


An  Act  providing  for  the  dissolution  and  annul- 
ment of  swamp  and  overflowed  land  reclama- 
tion districts  and  protection  districts  for  non- 
user  of  corporate  powers.  [Approved  I'ebru- 
ary  17,  1899;  Stats.  1899;  ch.  xvi.] 

An  act  to  declare  certain  tide  lands  public 
grounds,  and  granting  the  same  to  the  county 
of  San  Mateo  in  'trust  tor  the  use  of  the  public. 

[Approved  February  27, 1893;  Stats.  1893,  p.  42.] 

An  act  quitclaiming  to  the  successors  in  interest 
of  James  Bowman  all  claim  of  the  state  in 
"water  lot  No.  41.5." 
[Approved  March  11,  1893;  Stats.  1893,  y.  151.] 


An  act  quitclaiming  to  the  successors  in  interest  of 
Sallie  C.  Perry  all  claim  of  the  state  of  Cali- 
fornia in  that  certain  tract  of  land  in  the  city 
and  county  of  San  Francisco  known  as  "city 
slip  lot  number  one  hundred  and  sixteen,"  and 
empowering  and  directing  the  governor  to  exe- 
cute a  deed  of  quitclaim  therefor  to  said  suc- 
cessors in  interest  of  said  Sallie  C.  Perry. 
[Approved  March  9,  1893;  Stats.  1893,  p.  102.] 


1188  Swamp  and  Overflowed  Lands. 


An  act  regulating  the  sale  of  the  lands  uncovered 
by  the  recession  or  drainage  of  the  waters  of 
inland  lakes,  and  unsegregacad  swamp  and 
overflowed  lands,  and  validating  waies  and 
surveys  heretofore  made. 

[Approved  March  24,  1893;  Stats.  1893,  i-.  341.] 

Section  1.  Any  person  desiring  to  purchase  any 
of  the  lands  uncovered  by  the  recession  or  drain- 
age of  the  waters  of  inland  lakes,  and  inuring  to 
the  state  by  virtue  of  their  sovereignty,  or  the 
swamp  and  overflowed  lands  not  segregated  by 
the  United  States,  shall  make  an  amplication 
therefor  to  the  surveyor  general  of  th<j  state, 
which  application  shall  be  accompanied  by  appli- 
cant's affidavit  that  he  is  a  citizen  of  the  United 
States,  or  has  declared  his  intention  to  become 
such,  a  resident  of  this  state,  of  lawful  age,  that 
he  desires  to  purchase  such  lands  (describing  the 
same  by  legal  subdivisions,  or  by  meies  and 
bounds  if  the  legal  subdivisions  are  unknown) 
under  the  provisions  of  this  act;  that  he  desires 
to  purchase  the  same  for  his  own  use  and  benefit, 
and  for  the  use  and  benefit  of  no  other  person  or 
persons  whomsoever,  and  that  he  has  made  no 
contract  or  agreement  to  sell  the  same,  Mud  that 
he  does  not  own  any  state  lands  which,  together 
with  that  now  sought  to  be  purchase!,  exceeds 
six  hundred  and  forty  acres. 

Sec.  2.  Upon  the  filing  of  said  ap]>lication, 
when  the  land  has  not  been  sectionized.  the  sur- 
veyor general  shall  authorize  the  county  surveyor 
of  the  county  where  the  whole  or  the  j^'roater  por- 
tion of  the  land  lies  to  survey  the  same,  who  shall 
make  an  actual  survey  thereof,  at  the  expense  of 
the  applicant,  establishing  four  corners  to  each 
quarter-section,  and  connecting  the  same  with  a 
United  States  survey;  and  he  must,  witit'n  thirty 
days,  file  with  the  surveyor  general  a  copy,  under 
oath,  of  his  field-notes  and  plat,  and  a  statement, 
under  oath,  showing  whether  or  not  the  land  is 
occupied  by  any  actual  settler. 

Sec.  3.  If  the  surveyor  thus  authorized  shall 
fail  to  make  his  return  to  the  surveyor  general 
within  the  time  specified  in  the  preceding  section. 


Swamp  and  Overflowed  Land«.  1189 

the  surveyor  general  may  designate  another  per- 
son to  make  the  said  survey. 

Sec.  4.  No  application  to  purchase  land  under 
this  act  shall  be  approved  by  the  surveyor  general 
until  the  expiration  of  ninety  days  from  the  filing 
thereof  in  his  oftice,  and  meanwhile  the  laod  shall 
be  subject  to  the  adverse  claim  of  any  actual  set- 
tler who  has  resided  thereon  when  the  said  appli- 
cation was  filed. 

Sec.  5.  The  lands  designated  in  this  act  shall 
be  sold  and  patented  at  the  price  of  two  dollars 
and  fifty  ceufs  per  acre  and  on  the  same  terms  and 
manner  of  payment  as  at  present  provided  for 
swamp  and  overflowed  lands.  All  moneys  received 
for  said  lands  shall  be  paid  into  the  swamp  land 
fund  of  the  county  in  which  the  lands  are  situated, 
and  shall  be  treated  and  disposed  of  in  the  same 
manner  as  moneys  arising  from  the  sale  of  segre- 
gated swamp  and  overflow  lands,  and  all  moneys 
heretofore  received  for  the  sale  of  such  lauds, 
and  remaining  in  the  treasury,  shall  be  subject 
to  the  same  provisions  of  law.  If  any  of  tlie  lands 
described  in  this  act  are  suitable  for  cultivation 
without  reclamation,  such  lands  shall  be  sold  only 
to  actual  settlers  in  tracts  not  exceeding  one  hun- 
dred and  sixty  acres.  [Amendment  approved 
March  22,  1899;  Stats.  1899,  ch.  cxlix.] 

Sec.  6.  Any  of  the  lands  designated  in  this  act 
which  by  reason  of  periodical  overflow,  need  and 
are  susceptible  of  reclamation  may  be  reclaimed 
by  the  formation  of  districts  in  the  sauic  manner 
and  subject  to  all  of  the  provisions  of  law  regu- 
lating the  reclamation  of  swamp  and  overflowed 
lands;  provided,  that  the  board  of  supv^r visors  of 
the  county  in  which  the  lands,  or  the  greater  part 
thereof,  are  situated  must  first  determine,  upon 
proper  petition  presented  therefor,  by  the  holders 
of  the  title,  or  evidence  of  title,  representing  one- 
half  or  more  of  any  body  of  such  land,  that  such 
reclamation  is  necessary  and  feasible. 

Sec.  7.  When  land  has  been  sold  under  this  act, 
no  contest  shall  be  maintained  against  the  pur- 
chaser on  the  ground  that  the  land  is  iiM  of  the 
Gen.  Laws— 100. 


1190  Swamp  and  Overflowed  Lands. 

character  stated  in  the  application,  unless  it  is 
shown  that  it  is  not  of  the  character  recited  in 
Section  one  of  this  act. 

Sec.  8.  All  uncanceled  certificates  of  purchase 
and  patents  heretofore  issued  and  payments 
heretofore  made  for  any  lands  as  swamp  and 
overflowed  lands  which  lands  belong  to  any  of  the 
classes  described  in  section  one  of  this  act, 
whether  or  not  such  lands  were  segregated  or  sec- 
tionized,  shall,  for  all  purposes,  be  valid  and  shall 
have  the  same  force  and  effect  as  if  such  lands 
had  been  at  all  times  subject  to  sale  as  swamp 
and  overflowed  lands;  provided,  however,  that 
any  and  all  contests  now  existing  betwe-in  settlers 
and  holders  of  certificates  of  purchase  shall  not 
be  affected  by  the  provisions  of  this  act. 

Sec.  9.  All  plats  of  any  of  the  lands  described 
in  section  one  of  this  act  which  have  been  here- 
tofore made  under  authority  of  the  Unjtpd  States 
surveyor  general,  and  which  plats  designate  the 
same  as  swamp  and  overflowed  lands,  shall  be 
deemed  valid  and  effectual  as  surveys  cf  such 
lands  from  and  after  the  date  thereof. 

Sec.  10.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 


An  act  to  abolish  the  state  board  of  tide  land  com- 
missioners, and  to  repeal  sections  Ihiee  hun- 
dred and  sixty-five  and  six  huud'-ed  and 
ninety-eight  of  the  Political  Code. 

[Approved  February  4,  1876;  amendments  1875-6, 
15.] 

Section  1.  The  state  board  of  tide  land  commis- 
sioners is  hereby  abolished. 

Sec.  2.  All  books,  maps,  papers,  and  documents 
belonging  to  the  archives  of  said  board,  and  all 
other  property  of  the  state  under  its  custody  or 
control,  must  be  deposited  with  and  kept  and  pre- 
served by  the  surveyor  general  of  the  state. 

Sec.  .3.  Sections  365  and  698  of  the  Political 
Code  are  hereby  repealed. 

Sec.  4.  An  act  entitled  "An  act  supplementary 
to  and  amendatory  of  *An  act  supplementary  to 


Taxation.  1191 

and  amendatory  of  an  act  entitled  An  act  to  sur- 
vey and  dispose  of  certain  salt-marsli  and  tide 
lauds  belonging  to  the  state  of  California,'  "  ap- 
proved March  30,  1868,  also  an  act  approved  April 
1,  1870,  approved  March  30,  1874,  is  hereby  re- 
pealed. 

Sec.  5.  This  act  shall  talie  effect  and  be  in 
force  from  and  after  its  passage. 

Compare  in  connection  with  section  4  of  this 
act  section  3488  of  Political  Code  as  amended  in 
1891. 


TITLE  281. 
TAXATION. 

The  state  revenue  law^s  up  to  1865  were  care- 
fully collated  in  the  General  Laws,  sec.  6148  et 
seq.,  and  the  several  acts  passed  between  1864 
and  1871  given  in  the  Supplement,  sec.  9255  et 
seq.  Since  then  various  acts  have  been  passed, 
which  are  important    as    affecting  vested    rights. 

These  acts  are  collected  in  Deering's  Annotated 
Penal  Code,  p.  712  et  seq. 


An  act  to  establish  a  t^x  on  collateral  Inheri- 
tances, bequests,  and  devises,  to  provide  for  its 
collection,  and  to  direct  the  disposition  of  the 
proceeds. 

[Approved  March  23,  1893;  Stats.  1893.  p.  193.] 

Section  1.  All  property  which  shall  pass,  by  will 
or  by  the  intestate  laws  of  this  state,  from  any  per- 
son who  may  die  seized  or  possessed  of  the  same 
while  a  resident  of  this  state,  or  if  such  decedent 
was  not  a  resident  of  this  state  at  the  time  of 
death,  which  property,  or  any  part  thereof,  shall 
be  within  this  state,  or  any  interest  therein  or  in- 
come therefrom,  which  shall  be  transferred  by 
deed,  grant,  sale,  or  gift,  made  in  contemplation 
of     the     death     of     the     grantor     or     bargainor, 


1192  Taxation. 

or  intended  to  talie  effect  in  possession  or 
enjoyment  after  such  death,  to  any  person 
or  persons,  or  to  any  body  politic  or  corporate,  in 
trust  or  otherwise,  or  by  reason  whereof  any  per- 
son or  body  politic  or  corporate  shaU  become 
beneficially  entitled,  in  possession  or  expectancy, 
to  any  property,  or  to  the  income  thereof,  other 
than  to  or  for  the  use  of  his  or  her  fathe",  mother, 
husband,  wife,  lawful  issue,  the  wife  or  widow 
of  a  son,  or  Ihe  husband  of  a  daughter,  or  any 
child  or  children  adopted  as  such  in  conformity 
with  the  laws  of  the  state  of  California,  and  any 
lineal  descendent  of  such  decedent  born  in 
lawful  Avedlock,  or  the  societies,  corporations, 
and  institutions  now  or  hereafter  exempted  by  law 
from  taxation,  or  to  any  public  corporation,  or  to 
any  society,  corporation,  institution,  oi*  associa- 
tion of  persons  engaged  in  or  devoted  to  any 
charitable,  benevolent,  educational,  public,  or 
other  like  work  (pecuniary  i»rofit  not  being  its  ol5 
ject  or  purpose),  or  to  any  person,  society,  cor- 
poration, institution,  or  association  of  persons  in 
trust  for  or  to  be  devoted  to  any  charitable,  be- 
nevolent, educational,  or  public  purpose,  by  rea- 
son whereof  any  such  person  or  corporation  shall 
become  beneficially  entitled,  in  possession  or  ex- 
pectancy, Lo  any  such  property,  or  to  the  income 
thereof,  shall  be  and  is  subject  to  a  tax  of  five 
dollars  on  every  hundred  dollars  of  tl\e  market 
value  of  such  property,  and  at  a  proportionate 
rate  for  any  less  amount,  to  be  paid  to  the  treas- 
urer of  the  proper  county,  as  hereinafter  defined, 
for  the  use  of  the  state;  and  all  administrators, 
executors,  and  trustees  shall  be  liable  or  any 
and  all  such  taxes  until  the  same  shall  have  been 
paid,  as  hereinafter  directed;  provided,  that  an 
estate  which  may  be  valued  at  a  less  sum  than 
five  hundred  dollars  shall  not  be  subject  to  such 
duty  or  tax.  fSec.  2.  The  exemptions  contained  in 
this  act  shall  apply  to  all  property  which  has 
passed,  by  will,  succession,  or  transfer,  since  the 
approval  of  the  act  of  which  this  act  is  amenda- 
tory, except  in  Ihose  cases  where  the  tax  has  been 
paid    to  the    treasurer    of    the   proper    county.] 


Taxation.  1193 

[Amendment  of  March  14.  1899;  Stats.  1899,  cli.  85. 
In  effect  immediately.] 

Sec.  2.  Wlien  any  grant,  gift,  legacy,  or  succes- 
sion upon  which  a  tax  is  imposed  by  section  one  of 
this  act  shall  be  an  estate,  income,  or  interest  for 
a  term  of  years,  or  for  life,  or  determinable  upon 
any  future  or  contingent  event,  or  shall  be  a  re- 
mainder, reversion,  or  other  expectancy,  real  or 
personal,  the  entire  property  or  fund  by  which 
such  estate,  income,  or  interest  is  supported,  or  of 
which  it  is  a  part,  shall  be  appraised  immediately 
after  the  death  of  the  decedent,  and  the  market 
value  thereof  determined,  in  the  manner  provided 
in  section  eleven  of  this  act,  and  the  tax  pre- 
scribed by  this  act  shall  be  immediately  due  and 
payable  to  the  treasurer  of  the  proper  county,  and, 
together  with  the  interest  thereon,  shall  be  and 
remain  a  lien  on  said  property  until  the  same  is 
paid;  provided,  that  the  person  or  persons,  or  body 
politic  or  corporate,  beneficially  interested  in  the 
property  chargeable  with  said  tax,  may  elect  not 
to  pay  the  same  until  they  shall  come  into  the  act- 
ual possession  or  enjoyment  of  such  property,  and 
in  that  case  such  person  or  persons,  or  body  poli- 
tic or  corporate,  shall  execute  a  bond  to  the  peo- 
ple of  the  state  of  California,  in  a  penalty  of 
twice  the  amount  of  the  tax  arising  upon  personal 
estate,  with  such  sureties  as  the  said  superior 
court  may  approve,  conditioned  for  the  payment 
of  said  tax.  and  interest  thereon,  at  such  time  or 
period  as  they  or  their  representatives  may  come 
into  the  actual  possession  or  enjoyment  of  such 
property,  which  bond  shall  be  filed  in  the  office 
of  the  county  clerk  of  the  proper  county,  provided 
further,  that  such  person  shall  make  a  lull  and 
verified  return  of  such  property  to  said  court,  and 
file  the  same  in  the  office  of  the  county  clei  k  with- 
in one  year  from  the  death  of  the  decedent,  and 
witliin  that  period  enter  into  such  security,  and 
renew  the  same  every  five  years.  [Amt-ndment 
approved  March  9,  1895;  Stats.  1895,  chap,  xxviii. 
In  effect  immediately.] 

Sec.  8.  Whenever  a  decedent  appoints  or  names 
one  or  more  executor.s  or  trustees,  and  makes  a 


1194  Taxation. 

bequest  or  devise  of  property  to  theDj  in  lieu  of 
commissions  or  allowances,  which  otherwise  would 
be  liable  to  said  tax,  or  appoints  them  his  resid- 
uary legatees,  and  said  bequest,  devises,  or  re- 
siduary legacies  exceed  what  would  be  a  reason- 
able compensation  for  their  services,  such  excess 
shall  be  liable  to  said  tax;  and  the  superior  court 
in  which  the  probate  proceedings  are  pending 
sljall  lix  the  compensation. 

Sec.  4.  All  taxes  imposed  by  this  act,  unless 
otherwise  herein  provided  for,  shall  bti  due  and 
payable  at  the  death  of  the  decedent,  and  if  the 
same  are  paid  within  eighteen  mouths  no  inter- 
est shall  be  charged  and  collected  thereon,  but  if 
not  so  paid,  interest  at  the  rate  of  ten  per  cen- 
tum per  annum  shall  be  charged  and  collected 
from  the  time  said  tax  accrued;  provided,  that  if 
said  tax  is  paid  within  six  months  from  the  accru- 
ing thereof  a  discount  of  five  per  centum  shall  be 
allowed  and  deducted  from  said  tax.  And  in  all 
cases  where  the  executors,  administrators,  or  trus- 
tees do  not  pay  such  tax  within  eighteen  months 
from  the  death  of  the  decedent,  they  shall  be  re- 
quired to  give  a  bond,  in  the  form  and  to  the  ef- 
fect prescribed  in  section  two  of  this  act,  for  the 
payment  of  said  tax,  together  with  interest. 

Sec.  5.  The  penalty  of  ten  per  centum  per  an- 
num imposed  by  section  four  hereof  for  the  non- 
payment of  said  tax  shall  not  be  charged  in  cases 
where,  by  reason  of  claims  made  up  )P  the  es- 
tate, necessary  litigation,  or  other  unavoidable 
cause  of  delay,  the  estate  of  any  decedent,  or  a 
part  thereof,  cannot  be  settled  at  the  end  of  eight- 
een months  from  the  death  of  the  decedent;  and 
in  such  cases  only  seven  per  centum  p^r  annum 
shall  be  charged  upon  the  said  tax  from  the  ex 
piration  of  said  eighteen  months  until  tbo  cause 
of  such  delay  is  removed. 

Sec.  6.  Any  administrator,  executor,  or  trustee 
having  in  charge  or  trust  any  legacy  or  property 
for  distribution,  subject  to  the  said  tax,  shall  de- 
duct the  tax  therefrom,  or  if  the  legacy  or  prop- 
erty be  not  money  he  shall  collect  the  tax  thereon, 
upon  the  market  value  thereof,  from  the  legatee 
or  person  entitled  to  such  property,  and  be  shall 
not  deliver,  or  be  compelled  to  deliver,  any  specif- 


Taxation.  1195 

ic  legacy  or  property  subject  to  tax  to  any  person 
until  he  shall  have  collected  the  tax  thereon;  and 
whenever  any  such  legacy  shall  be  charged  upon 
or  payable  out  of  real  estate,  the  executor,  admin- 
istrator, or  trustee  shall  collect  said  tax  from  the 
distributee  thereof,  and  the  same  shall  remain  a 
charge  on  such  real  estate  until  paid;  if,  however, 
such  legacy  be  given  in  money  to  any  person  for 
a  limited  period,  the  executor,  administrator,  or 
trustee  shall  retain  the  tax  upon  the  whole 
amount;  but  if  it  be  not  in  money  he  shall  make 
application  to  the  superior  court  to  make  an  ap- 
portionment, if  the  case  require  it,  of  the  sum  to 
be  paid  into  his  hands  by  such  legatees,  and  for 
such  further  order  relative  thereto  as  the  case  may 
require,  f  Amendment  approved  March  9,  1895; 
Stats.  1895,  chap,  xxviii.    In  effect  immediately.] 

Sec.  7.  All  executors,  administrators,  and  trus- 
tees shall  have  full  power  to  sell  so  mach  of  the 
property  of  the  decedent  as  will  enable  them  to 
pay  said  tax,  in  the  same  manner  as  they  may 
be  enabled  by  law  to  do  for  the  payment  of  debts 
of  the  estate,  and  the  amount  of  said  tax  shall  be 
paid  as  hereinafter  directed. 

Sec.  8.  Every  sum.  of  money  retained  by  an  ex- 
ecutor, administrator,  or  trustee,  or  paid  into  his 
hands,  for  any  tax  on  property,  shall  be  paid  by 
him,  within  thirty  days  thereafter,  to  tho  treasur- 
er of  the  county  in  which  the  probate  pfoceedings 
are  pending;  and  the  said  treasurer  shall  give,  and 
every  executor,  administrator,  or  trustee  shall 
take,  duplicate  receipts  for  such  payment,  one  of 
which  receipts  said  executor,  administrator,  or 
trustee  shall  immediately  send  to  the  controller  of 
the  state,  whose  duty  it  shall  be  to  charge  the 
treasurer  so  receiving  the  tax  with  the  amount 
thereof,  and  said  controller  shall  seal  said  receipt 
with  the  seal  of  his  office,  and  countersign  the 
same,  and  return  it  to  the  executor,  administra- 
tor, or  trustee,  whereupon  it  shall  be  a  proper 
voucher  in  the  settlement  of  his  accounts;  and  an 
executor,  administrator,  or  trustee  shall  not  be 
entitled  to  credits  In  his  accounts,  nor  be  discharg- 
ed from  liability  for  such  tax,  nor  shall  said  estate 
be  distributed,  unless  he  shall  produce  a  receipt 
so  sealed  and  countersigned  by  the  controller,  or 
a  copy  thereof  certified  by  him. 


1196  Taxation. 

Sec.  9.  AVhenever  any  debts  shall  be  proven 
against  the  estate  of  a  decedent  after  the  payment 
of  legacies  or  distribution  of  property  from  which 
the  said  tax  has  been  deducted  or  upon  which  it 
has  been  paid,  and  a  refund  is  made  by  the  leg- 
atee, devisee,  heir,  or  next  of  liin,  a  proportion  of 
the  tax  so  deducted  or  paid  shall  be  *epaid  to 
him  by  the  executor,  administrator,  or  trustee,  if 
the  said  tax  has  not  been  paid  to  the  county  treas- 
urer or  to  the  state  controller,  or  by  them,  if  it 
has  been  so  paid. 

Sec.  10.  Whenever  any  foreign  executor  or  ad- 
ministrator shall  assign  or  transfer  any  stocks  or 
loans  in  this  state  standing  in  the  name  of  a  de- 
cedent, or  held  in  trust  for  a  decedent,  which  shall 
be  liable  to  the  said  tax,  such  tax  shall  be  paid  to 
the  treasurer  of  the  proper  county  on  the  transfer 
thereof;  otherwise  the  corporation  permitting 
such  transfer  shall  become  liable  to  pay  5uch  tax; 
provided,  that  such  corporation  had  knowledge 
before  such  transfer  that  said  stocks  or  loans  are 
liable  to  said  tax. 

Sec.  11.  When  the  value  of  any  inheritance,  de- 
vise, bequest,  or  other  interest  subject  to  the  pay- 
ment of  said  tax  is  uncertain,  the  superior  court 
in  which  the  probate  proceedings  are  pending,  on 
the  application  of  any  interested  party,  or  upon 
his  own  motion,  shall  appoint  some  competent 
person  as  appraiser,  as  often  as  and  whenever  oc- 
casion may  require,  whose  duty  it  shall  be  forth- 
with to  give  such  notice,  by  mail,  to  ail  persons 
known  to  have  or  claim  an  interest  in  such  prop- 
erty, and  to  such  persons  as  the  court  may  by  or- 
der direct,  of  the  time  and  place  at  which  he  will 
appraise  such  property,  and  at  such  time  and 
place  to  appraise  the  same  and  make  a  report 
thereof,  in  writing,  to  said  court,  together  with 
such  other  facts  in  relation  thereto  as  said  court 
may  by  order  require  to  be  filed  with  the  clerk  of 
said  court:  and  from  this  report  the  said  court 
shall,  by  order,  forthwith  assess  and  fix  the  mar- 
ket value  of  all  inheritances,  devises,  bejuests,  or 
other  interests,  and  the  tax  to  which  the  same  is 
liable,  and  shall  immediately  cause  notice  thereof 
to  be  given,  by  mail,  to  all  parties  known  to  be 
interested  therein;   and  the  value  of  every  future 


Taxation.  1197 

or  contingent  or  limited  estate,  income,  or  inter- 
est shall,  for  the  purposes  of  this  act,  be  determin- 
ed by  the  rule,  method,  and  standards  of  mortal- 
ity and  of  value  that  are  set  forth  in  the  actua- 
ries' combined  experience  tables  of  mortality  for 
ascertaining  the  value  of  policies  of  life  insurance 
and  annuities,  and  for  the  determination  of  the 
liabilities  of  life  insurance  companies,  save  that 
the  rate  of  interest  to  be  assessed  in  computing  the 
present  value  of  all  future  interests  and  contin- 
gencies shall  be  five  per  centum  per  annum;  and 
the  insurance  commissioner  shall,  on  the  applica- 
tion of  said  court,  determine  the  value  of  such 
future  or  contingent  or  limited  estate,  income 
or  interest,  upon  the  facts  contained  in  ?uch  re- 
port, and  certify  the  same  to  the  court,  and  his 
certificate  shall  be  conclusive  evidence  ihi  t  the 
method  of  computation  adopted  therein  is  correct. 
The  said  appraiser  shall  be  paid  by  the  county- 
treasurer  out  of  any  funds  that  he  may  have  in 
his  hands  on  account  of  said  tax,  on  the  certificate 
of  the  court,  at  the  rate  of  five  dollars  per  day 
for  every  day  actually  and  necessarily  eniDloyed 
in  said  appraisement,  together  vs^ith  his  actual  and 
necessary  traveling  expenses.  [Amendment  ap- 
proved March  9,  1895:  Stats.  1895,  chap,  xxviii. 
In  effect  immediately.] 

Sec.  12.  Any  appraiser  appointed  by  virtue  of 
this  act  who  shall  take  any  fee  or  reward  from  any 
executor,  administrator,  trustee,  legatee,  next  of 
kin,  or  heir  of  any  decedent,  or  from  any  other 
person  liable  to  pay  said  tax,  or  any  portion  there- 
of, shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than 
two  hundred  and  fifty  dollars  nor  more  than  five 
hundred  dollars,  or  imprisoned  in  the  county  jail 
ninety  days,  or  both,  and  in  addition  thereto  the 
court  shall  dismiss  him  from  such  service. 

Sec,  13.  The  superior  court  in  the  county  In 
which  is  situate  the  real  property  of  a  iecedent 
who  was  not  a  resident  of  the  state,  oi"  in  the 
county  of  which  the  decedent  was  a  resident  at  the 
time  of  his  death,  shall  have  jurisdiction  to  hear 
and  determine  all  questions  in  relation  to  the  tax 
arising  under  the  provisions  of  this  act,  and  the 


1198  Taxation. 

court  first  acquiring  jurisdiction  hereunder  shall 
retain  the  same,  to  the  exclusion  of  eveiy  other. 

Sec.  14.  If  it  shall  appear  to  the  superior  court, 
or  judge  thereof,  that  any  tax  accruing  under 
this  act  has  not  been  paid  according  to  law,  it 
shall  issue  a  citation,  citing  the  persons  known  to 
own  any  interest  in  or  part  of  the  property  liable 
to  the  tax  to  appear  before  the  court  on  a  day 
certain,  not  more  than  ten  weeks  aftec  the  date 
of  such  citation,  and  show  cause  why  said  tax 
should  not  be  paid.  The  service  of  sucu  citation, 
and  the  time,  manner,  and  proof  thereof,  and  the 
hearing  and  determination  thereon,  and  the  en- 
forcement of  the  determination  or  decree  shall 
conform  to  the  provisions  of  chapter  twelve  of  ti- 
tle eleven  of  part  three  of  the  Code  of  Civil  Pro- 
cedure; and  the  clerk  of  the  court  shall,  upon  the 
request  of  the  district  attorney  or  treasurer  of 
the  county,  furnish,  without  fee,  one  or  more 
transcripts  of  such  decree,  and  the  same  shall  be 
docketed  and  filed  by  the  county  clerk  of  any 
county  in  the  state,  without  fee,  in  the  same  man- 
ner and  with  the  same  effect  as  provided  by  sec- 
tion six  hundred  and  seventy-four  of  said  Code 
of  Civil  Procedure  for  filing  a  transcript  of  an 
original  docket. 

vSec.  15.  Whenever  the  treasurer  of  any  county 
shall  have  reason  to  believe  that  any  tax  is  due 
and  unpaid  under  this  act,  after  the  refusal  or  neg- 
lect of  the  persons  interested  in  the  property  lia- 
ble to  said  tax  to  pay  the  same,  he  shall  notify  the 
district  attorney  of  the  proper  county,  in  writing 
of  such  failure  to  pay  such  tax,  and  the  district 
attorney  so  notified,  if  he  have  probable  cause  to 
believe  a  tax  is  due  and  unpaid,  shall  prosecute 
the  proceeding  in  the  superior  court,  as  provided 
in  section  fourteen  of  this  act,  for  the  enforcement 
and  collection  of  such  tax.  [Amendment  ap- 
proved March  9,  1895:  Stats.  1895,  chap,  xxviii. 
In  effect  immediately.] 

Sec.  16.  The  county  clerk  of  each  county  shall, 
every  three  months,  make  a  statement,  in  writing, 
to  the  county  treasurer,  of  the  properly  from 
which,  or  the  party  from  whom,  he  has  reason  to 
believe  a  tax  under  this  act  is  due  and  unpaid. 

Sec.  17.    Whenever  the  superior  court     of     any 


Taxation.  1199 

county  shall  certify  that  there  was  proba'Dle  cause 
for  issuing  a  citation,  and  taking  the  proceedings 
specihed  in  section  fifteen  of  this  act,  the  state 
treasurer  shall  pay,  or  allow,  to  the  treasurer  of 
any  county,  all  expenses  incurred  for  services  of 
citation,  and  his  other  lawful  disbursements  that 
have  not  otherwise  been  paid.  [Amendment  ap- 
proved March  9,  1895;  Stats.  1895,  chap,  xxviii. 
In  effect  immediately.] 

Sec.  18.  The  county  clerk  of  each  county  shall 
keep  a  book  in  which  he  shall  enter  the  values  of 
inheritances,  devises,  bequests,  and  other  inter- 
ests subject  to  the  payment  of  said  tax,  and  the 
tax  assessed  thereon,  and  the  amounts  of  any  re- 
ceipts for  payments  thereon  filed  with  him,  which 
books  shall  be  kept  by  him  as  public  records. 
[Amendment  approved  March  9,  1835;  Stats. 
1895,  chap,  xxviii.    In  effect  immediately.] 

Sec.  19.  The  treasurer  of  each  county  shall  col- 
lect and  pay  the  state  treasurer  all  taxes  that  may 
be  due  and  payable  under  this  act,  who  shall  give 
him  a  receipt  therefor,  of  which  collection  and 
payment  he  shall  make  a  report,  under  oath,  to  the 
controller,  between  the  first  and  fifteenth  days  of 
May  and  December  of  each  year,  stating  for  what 
estate  paid,  and  in  such  form  and  containing  such 
particulars  as  the  controller  may  prescribe:  and 
for  all  such  taxes  collected  by  him  and  not  paid 
to  the  state  treasurer  by  the  first  day  of  June  and 
January  of  each  year  he  shall  pay  interest  at  the 
rate  of  ten  per  centum  per  annum. 

Sec.  20.  The  treasurer  of  each  county  shall  be 
allowed  to  retain,  on  all  taxes  paid  and  account- 
ed for  by  him  each  year,  under  this  act.  in  addi- 
tion to  his  salary  or  fees  now  allowed  by  law, 
five  per  centum  on  the  first  fifty  thousand  dollars 
so  paid  and  accounted  for  by  him,  three  per  cen- 
tum on  the  next  fifty  thousand  dollars  so  paid 
and  accounted  for  by  him,  and  one  pe**  centum 
on  all  additional  sums  so  paid  and  accounted  for 
by  him. 

Sec.  21.  Any  person,  or  body  politic  or  corpo- 
rate, shall,  upon  payment  of  the  sum  of  fifty 
cents,  be  entitled  to  a  receipt  from  the  county 
treasurer  of  any  county,  or  a  copy  of  thci  receipt, 
at  his  option,  that  may  have  been  given  by  said 


1200  Taxation. 

treasurer  for  the  payment  of  any  tax  under  this 
act,  to  be  sealed  with  the  seal  of  his  offi  ,a,  which 
receipt  shall  designate  on  what  real  property,  if 
any,  of  which  any  decedent  may  have  died  seized 
said  tax  has  been  paid,  and  by  whom  paid,  and 
whether  or  not  it  is  in  full  of  said  tax,  ard  said 
receipt  may  be  recorded  in  the  clerk's  office  in 
the  county  in  which  said  property  is  situate,  in  a 
book  to  be  kept  by  said  clerk  for  such  purpose, 
which  shall  be  labeled  "Collateral  Tax.' 

Sec.  22.  All  taxes  levied  and  collected  under  this 
act  shall  be  paid  into  the  treasury  of  the  state, 
for  the  uses  of  the  state  school  fund. 

Sec.  23.  All  acts  or  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 


An  act  to  repeal  an  act  entitled  "An  act  imposing 
a  tax  on  the  issue  of  certificates  of  t^tock  cor- 
porations," approved  April  1,  1878. 

[Approved  March  31,  1897,  p.  243.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  An  act  entitled  an  act  impi-sing  a 
tax  on  the  issue  of  certificates  of  stock  of  stock 
corporations,  approved  April  one,  eighteen  hun- 
dred and  seventy-eight,  is  hereby  repealed. 

Sec.  2.  This  act  shall  take  effect  from  and  after 
its  passage. 


Taxation.  1201 


An  act  to  provide  for  the  levy  and  colleotion  of 
taxes  by  and  for  the  use  of  municipal  corpo- 
rations and  cities  incorporated  under  the  laws 
of  the  state  of  California,  except  municipal 
corporations  of  the  first  class,  and  to  provide 
for  the  consolidation  and  abolition  of  certain 
municipal  offices,  and  to  provide  that  their  du- 
ties may  be  performed  by  certain  officers  of 
the  county,  and  fixing  the  compensation  to  be 
allowed  for  such  county  officers  foi*  the  ser- 
vices so  rendered  to  such  municipal  corpora- 
tions. 

[Stat,  approved  March  27,1895;  Stats.  1895,  chap, 
clxxxii.] 
Section  1.  The  board  of  trustees,  comiiion  coun- 
cil, or  other  legislative  body  of  any  municipal  cor- 
poration or  city  in  this  state,  except  muaicipal  cor- 
porations of  the  first  class,  shall  have  power,  and 
it  shall  be  their  duty  to  fix  by  ordinance  the 
amount  of  money  necessary  to  be  raised  by  taxa- 
tion upon  the  taxable  property  therein,  as  a  rev- 
enue to  carry  on  the  various  departments  of  such 
municipal  corporation  or  city  for  the  current  year, 
not  to  exceed  the  limit  fixed  by  law,  and  to  pay 
the  bonded  or  other  indebtedness  of  such  munici- 
pal corporation  or  city.  The  board  of  trustees, 
common  council,  or  other  legislative  b'^Jy.  shall 
meet  for  such  purpose,  and  shall  so  asceitain  and 
fix  said  amount,  on  the  first  Monday  in  August 
of  each  year;  provided,  however,  that  the  provi- 
sions of  this  act  shall  not  apply  to  or  be  in  force 
in  any  city  or  municipal  corporation  until  its 
board  of  trustees,  common  council,  or  other  legis- 
lative body,  shall  have  passed  an  ordinance  elect- 
ing to  avail  itself  of  the  provisions  of  this  act,  and 
filed  a  certified  copy  of  the  same  with  rhe  auditor 
of  the  county  in  which  such  municipa'  corpora- 
tion or  city  is  situated,  on  or  before  the  first  Mon- 
day in  February  of  each  year;  and  theieatter  all 
assessments  shall  be  made  and  taxes  collected  by 
the  assessor  and  tax  collector  of  such  county  until 
such  city  or  municipal  corporation  shall,  h's  ordi- 
nance, elect  not  to  avail  itself  of  the  provisioDS  of 
this  not  for  any  longer  time. 
Gen.  Laws— 101. 


1202  Taxation. 

Sec.  2.  The  board  of  trustees,  common  council, 
or  other  legislative  body  of  any  municipal  corpo- 
ration or  city  in  this  state,  except  munii;ipal  cor- 
porations of  the  first  class,  shall  have  power  to 
elect  that  the  duties  of  the  city  treasurer  of  such 
city  or  municipal  corporation  shall  be  performed 
by  the  county  treasurer  of  the  county  in  w^hich 
such  city  or  municipal  corporation  is  situated; 
and  whenever  such  board  of  trustees,  common 
council,  or  other  legislative  body  shall,  by  ordi- 
nance, so  determine,  such  duties  shall  be  perform- 
ed by  the  treasurer  of  the  county  in  which  such 
city  or  municipal  corporation  is  situate  1.  A  cer- 
tified copy  of  such  ordinance  shall  be  served  on 
the  tax  collector  and  treasurer  of  such  county,  and 
such  ordinance  shall  also  prescribe  the  manner  in 
which  money  shall  be  drawn  out  of  the  various 
funds  belonging  to  such  city  or  municipal  corpo- 
ration in  the  hands  of  the  treasurer. 

Sec.  3.  The  county  auditor  must,  on  or  before 
the  second  Monday  in  August  of  each  year,  trans- 
mit to  the  board  of  trustees,  common  council,  or 
other  legislative  body  of  such  municipal  corpora- 
tion or  city  within  such  county,  a  statement,  in 
writing  showing  the  total  value  of  all  pjoperty 
within  each  municipal  corporation  or  city,  respec- 
tively, which  value  shall  oe  ascertained  from  the 
assessment  books  of  such  county  for  such  year,  as 
equalized  and  corrected  by  the  board  of  supervi- 
sors of  such  county. 

Sec.  4.  Each  board  of  trustees,  common  council, 
or  other  legislative  body  of  such  municipal  cor- 
poration or  city  shall,  on  the  first  Monday  in 
September,  fix  the  rate  of  taxes,  designated  in 
the  number  of  cents  upon  each  hundred  dollars, 
using  as  a  basis  the  value  of  the  prope'''-y  as  as- 
sessed by  the  county  assessor,  and  so  returned  to 
such  board  by  the  county  auditor,  as  required  by 
section  two  of  this  act.  which  rate  of  taxation 
shall  be  suflicient  to  raise  the  amount  so  fixed  by 
such  board,  as  required  in  section  one  of  this  act, 
which  acts  by  said  board  are  declared  to  bo  a  val- 
id assessment  of  such  property  and  a  valid  levy 
of  such  rates  so  fixed.  Such  municipal  or  city- 
board  must  immediately  thereafter  transmit  to  the 
county  auditor  of  the  county  in  which  such  muni- 


Taxation.  1203 

cipal  corporation  or  city  is  situated  a  statement 
of  such  rate  so  fixed  by  such  municipal  board. 

Sec.  5.  The  auditor  must  then  compute  and  en- 
ter in  a  separate  column  in  the  assessment  book, 

to  be  headed  "City  Tax,  City  of "  (naming  it), 

the  respective  sums  in  dollars  and  cents  to  be  paid 
as  a  municipal  or  city  tax  on  the  property  therein 
enumerated  and  assessed  as  being  in  any  muni- 
cipal corporation  or  city,  using  the  rate  of  levy 
so  fixed  by  such  municipal  board,  and  the  assess- 
ed value  as  found  in  such  assessment  book.  Such 
taxes  so  levied  shall  be  collected  at  the  sau  e  time 
and  in  the  same  manner  as  state  and  county  taxes; 
and  when  collected  the  net  amount  as  ascertained 
by  sections  six  and  seven  of  this  act  shall  be  paid 
to  the  treasurer  of  the  municipal  corporation  or 
city  to  which  it  respectively  belongs,  ander  the 
general  requirements  and  penalties  provided  by 
law  for  the  settlement  of  other  taxes;  provided, 
however,  that  when  such  city  has  by  ordinance,. 
a  certified  copy  of  which  has  been  serve i  upon  the 
tax  collector  of  such  county,  elected  to  avail  it- 
self of  the  provisions  of  section  two  of  this  act, 
then  such  tax  collector  shall  pay  the  money  be- 
longing to  such  city  or  municipal  corporation  over 
to  the  treasurer  of  the  county  in  which  such  city 
or  municipal  corporation  is  situated. 

Sec.  6.  The  board  of  supervisors,  on  the  filing 
of  itemized  statements  by  the  county  aa  litor  and 
county  tax  collector,  showing  the  addit  cnal  ex- 
pense to  their  offices  of  assessing  and  collecting 
these  local  taxes,  may,  by  an  order  spread  upon 
the  minutes,  deduct  such  expenses  from  the  taxes 
of  such  municipal  corporation  or  city,  whilt  in  the 
hands  of  the  county  tax  collector,  and  cover  the 
same  into  the  county  salary  fund;  provided,  that 
not  more  than  one  per  cent  shall  be  charged  for 
collecting  the  first  twenty-five  thousand  dollars 
so  collected,  and  one-fourth  of  one  per  cent  for  all 
sums  over  that  amount. 

Sec.  7.  Whenever  the  board  of  trustees,  com- 
mon council,  or  other  legislative  body  ol  any  mu- 
nicipal corporation  or  city  in  this  state  has  elect- 
ed to  avail  itself  of  the  provisions  of  section  two 
of  this  act,  the  board  of  supervisors  of  such  county 
shall  also  reserve  as  and  for  the  expen.^et^  of  the 


1204  Taxation. 

county  treasurer,  incurred  by  reason  of  ^he  im- 
posing of  these  duties  upon  him,  the  sum  of  one- 
fourth  of  one  per  cent,  which  sum  shall  be  de- 
ducted from  the  money  collected  by  the  county 
tax  collector,  and  covered  in  to  the  county  treas- 
urer into  the  county  salary  fund. 

Sec.  8.  Whenever  the  board  of  trustees,  com- 
mon council,  or  other  legislative  body  oC  any  mu- 
nicipal corporation  or  city  in  this  state,  -^hall  have 
availed  itself  of  the  provisions  of  this  act,  all  du- 
ties, other  than  the  assessing  of  the  property  of 
such  city  or  municipal  corporation,  belonging  to 
the  office  of  the  city  assessor  shall  be  transferred 
to  and  performed  by  the  clerk  of  such  cicv  or  mu- 
nicipal corporation;  and  all  duties,  other  'han  the 
collection  of  taxes,  belonging  to  the  offico  of  city 
tax  collector  shall  be  transferred  to  and  be  per- 
formed by  the  city  marshal  or  chief  of  police  of 
such  city  or  municipal  corporation,  and  tliereafter 
the  office  of  city  assessor,  and  city  tax  collector, 
and  city  treasurer  may  be  by  ordinance  abolished. 

Sec.  9.  Whenever  any  real  property  sitcate  in 
any  city  or  municipal  corporation  which  has 
availed  itself  of  the  provisions  of  this  acx,  has  been 
sold  for  taxes  and  has  been  redeemed,  tha  money 
paid  for  such  redemption  shall  be  apportioned  by 
the  county  treasurer  to  such  city  or  municipal 
corporation  in  the  proportion  which  the  tax  due 
to  such  city  or  municipal  corporation  bears  to 
the  total  tax  for  which  such  real  properly  was 
sold. 

Sec.  10.  All  acts  and  parts  of  acts  ia  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Sec.  11.    This  act  shall  take  effect  immediately. 


Taxation.  1205 


An  act  to  provide  for  the  levy  and  coll  action  of 
taxes  by  and  for  the  use  of  municii>al  corpo- 
rations and  cities  incorporated  under  the  laws 
of  the  state,  excepting  municipal  cocpurations 
of  the  first,  second,  third,  and  fourtii  classes, 
and  cities  operating  under  a  charter    framed 
under  section  eight,  article  eleven,  of  the  con- 
stitution. 
[Approved  March  2,  1891;  Stats.  1891    p.  22.] 
Section  1.    The  board  of  trustees,  commoi)  coun- 
cil, or  other  legislative  body  of  any  municipal  cor- 
poration or  city  in  this  state,  excepting  'jiunici- 
pal  corporations  of  the     first,  second,  thhd,  and 
fourth  classes,  and  cities  operating  under  a  char- 
ter framed  under  section  eight,  article  (;ieven,  of 
the  constitution,  shall  have  power  and  it  sliall  be 
their  duty  to  fix,  by  ordinance,  the  amount  of 
money  necessary  to  be  raised  by  taxation  upon 
the  taxable  property  therein,  as  a  revenue  to  car- 
ry on  the  various  departments  of  such  corpora- 
tion or  city  for  the  current  year,  not  to  exceed 
the  limit  fixed  by  law,  and  to  pay  the  bonded  or 
other  indebtedness  of  such  municipal  cori)oration 
or  city.    The  board  of  trustees,  commo  i  council^ 
or  other  legislative  body  shall  meet  for  su^h  pur- 
pose, and  shall  so  ascertain  and  fix  said  amount, 
on  the  first  Monday  in  August  of  each  year;  pro- 
vided, however,  that  the  provisions  of     th^s     act 
shall  not  apply  to  or  be  in  force  in  any  city  or 
municipal  corporation  until  its  board  Ojl  trustees, 
common  council,  or  other  legislative     body  shall 
have  passed  an  ordinance  electing  to  avail  itself 
of  the  provisions  of  this  act,  and  filed  a  certified 
copy  of  the  same  with  the  auditor  of  t'Jo  county 
in   which   such   municipal  corporation   or  city   is 
situated,  on  or  before  the  first  Monday  in  March 
of  each  year. 

Sec.  2.  The  county  auditor  must,  on  or  before 
the  third  Monday  in  August  of  each  ye^ir.  trans- 
mit to  the  board  of  trustees,  common  council,  or 
other  legislative  body  of  each  municipal  corpo- 
ration or  city  within  such  county  a  statement,  in 
writing,  showing  the  total  value  of  all  property 
within  each  municipal     corporation     or  <^itv,  re- 


1206  Taxation. 

spectively,  which  value  shall  be  ascertained  from 
the  assessment-book  of  such  county  for  such  year 
as  equalized  and  corrected  by  the  board  of  super- 
visors for  such  county. 

Sec.  3.  Each  board  of  trustees,  common  coun- 
cil, or  other  legislative  body  of  such  municipal 
corporation  or  city  shall,  on  the  first  Monday  of 
October,  fix  the  rate  of  taxes,  desigaatiug  the 
number  of  cents  upon  each  hundred  dollars,  using 
as  a  basis  the  value  of  property  as  assessed  by 
the  county  assessor  and  so  returned  to  s  ich  board 
by  the  county  auditor,  as  required  in  sejtion  two 
of  this  act,  which  rate  of  taxation  shall  be  suffi- 
cient to  raise  the  amount  so  fixed  by  such  board, 
as  required  in  section  one  of  this  act,  which  acts 
by  said  board  are  declared  to  be  a  vali<1  assess- 
ment of  such  property  and  a  valid  levy  of  such 
rates  so  fixed.  Such  municipal  or  city  board  must 
immediately  thereafter  transmit  to  the  county  au- 
ditor of  the  county  in  which  such  municipal  cor- 
poration or  city  is  situated  a  statement  of  such 
rate  so  fixed  by  such  municipal  board. 

Sec.  4.  The  auditor  must  then  compute  and  en- 
ter in  a  separate  column  in  the  assessment-book, 

to  be  headed  "City  Tax,  City  of "  (naiiurg  it), 

the  respective  sums,  in  dollars  and  cents,  to  be 
paid  as  a  municipal  or  city  tax  on  the  property 
therein  enumerated  and  assessed  as  being  in  any 
municipal  corporation  or  city,  using  tbe  rate  of 
levy  so  fixed  by  such  municipal  board  aad  ^he  as- 
sessed value  as  found  in  such  assessn-ent-book; 
such  taxes  so  levied  shall  be  collected  a^.  the  same 
time  and  in  the  same  manner  as  state  and  coun- 
ty taxes;  and  when  collected  the  net  amount  as 
ascertained  by  section  five  shall  be  pa.d  to  the 
treasurer  of  the  municipal  corporation  or  city  to 
which  it  respectively  belongs,  under  th't^  general 
requirements  and  penalties  provided  by  law  for 
the  settlement  of  other  taxes. 

Sec,  5.  The  board  of  supervisors,  on  the  filing 
of  itemized  statements  by  the  county  aa-i'tor  and 
county  tax  collector  showing  the  add  *»onal  ex- 
pense to  their  offices  of  assessing  and  collecting 
these  local  taxes,  may,  by  an  order  spread  upon 
its  minutes,  deduct  such  expenses  from  the  taxes 
of  each  municipal  corporation  or  city,  whil^;  in  the 


Taxation.  1207 

hands  of  the  county  tax  collector,  and  cover  the 
game  into  the  county  salary  fund. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  re- 
pealed. 


An  act  in  relation  to  reassessment  of  property, 
the  equalization  of  the  same,  and  tie  collec- 
tion of  taxes  thereon,  in  cases  where  a  former 
assessment  made  since  eighteen  hund»ed  and 
seventy-nine  is  illegal  or  invalid,  or  where  the 
proceedings  for  the  collection  of  such  taxes 
have  been  ineffectual  by  reason  of  error,  ir- 
regularity, or  invalidity,  and  such  taxes  have 
not  been  paid. 

[Approved  March  23,  1893;  Stats.  1893,  p.  290.] 
Section  1.  Every  assessment  of  property  made 
after  the  year  one  thousand  eight  hundred  and 
seventy-nine  which  is  invalid,  or  may  hereafter 
be  adjudged  to  be,  by  reason  of  any  illegal  ty,  in- 
validity, or  irregularity  declared  or  existing,  in  the 
assessment  of  such  property,  or  in  the  mode  pro- 
vided for  the  assessment  thereof,  shall  be  remade, 
and  the  property  reassessed  and  equalized  for  each 
year  for  which  such  assessment  is  invalid  as  afore- 
said, and  for  the  year  for  which  the  assessment  of 
such  property  was  invalid  as  aforesaid,  and  such 
reassessment  and  equalization  shall  be  made  by 
the  same  officers  and  boards  at  the  same  time  or 
times,  as  are  now  prescribed  by  law  for  the  as- 
sessment and  equalization  of  property,  of  the 
same  classes  or  kinds  as  the  property  which  here- 
by is  required  to  be  reassessed.  The  assessment 
and  equalized  assessment  of  such  prope?'ty  shall 
be  entered  on  the  several  assessment  roJs  or 
bocks  in  the  same  manner  that  asses<»a)er!ts  of 
such  property  are  or  were  required  by  law  to  be 
entered  for  the  year  or  years  during  which  such 
reassessments  shall  be  made.  And  there  is  here- 
by levied  for  state  purposes  the  same  i-ates  of 
taxation  for  each  of  such  respective  years  as  were 
heretofore  levied  upon  such  property  for  each  of 
said  years  for  said  state  purposes. 
Sec.  2.    All  taxes  for  counties,  cities  and  coun- 


1208  Taxation. 

ties,  and  other  taxing  districts,  shall  be  levied  by 
the  proper  board  or  boards  upon  the  pToperty 
mentioned  in  the  tirst  secton  of  this  act,  at  the 
spine  rates  for  each  respective  year  as  were  'evied 
upon  property  for  each  of  said  years  af te ;  the  year 
cij;hteen  hundred  and  seventy-nine. 

Sec.  3.  All  property  authorized  to  be  reassessed 
bv  this  act  shall  be  reassessed  and  equalized  by 
the  proper  officers  and  boards  at  the  value  to 
which  and  to  the  person  or  corporation  to  whom 
or  to  which  such  property  ought,  for  each  of  such 
years,  to  have  been  assessed,  under  such  viles  of 
notice  and  at  the  times  and  in  the  modes  as  are 
prescribed  for  the  assessment  and  equarzation  of 
like  classes  of  property;  and  the  assess jient  and 
eoralization  thereof,  and  the  levy  and  ci»'^ection 
of  taxes  thereunder,  shall  be  made  by  ti  e  proper 
officers  at  the  time,  upon  like  notice  aad  in  the 
mjmner  now  or  hereafter  provided  b/  ).tw  for 
making  assessments  and  equalizing  the  same  and 
for  the  levy  and  collection  of  taxes  on  iilvc  classes 
of  property;  and  if  the  taxes  so  relevied  shall  be- 
come delinquent,  there  shall  be  added  th.-r^to  and 
the  amount  thereof  the  saine  percenLige  as  a 
penalty  for  such  delinquency,  ap  is  addid  to  oth- 
er delinquent  taxes  on  like  classes  of  L^operty, 
ai  d  such  delinquent  taxes  ard  penaltic?  added 
thereto  shall  be  collected  by  the  proper  ( fficers  in 
t>  f  manner  now  or  hereafter  provided  by  law  for 
the  collection  of  delinquent  la:>  es  and  penalties 
upon  like  classes  of  proper  y;  the  co^eHors  of 
such  taxes  to  allow  as  credits  thereon  all  pay- 
ments heretofore  made  on  t;ie  trx  as  first  levied. 

Sec.  4.  There  shall  be  no  limitation  or  limita- 
tions as  to  the  time  in  which  actions  foi*  the  col- 
lections of  taxes  levied  under  this  act  may  be 
(commenced,  and  all  the  provisions  of  law  now 
or  hereafter  provided  in  respect  to  asse.^^ments, 
equalization,  levy,  and  collect? on  of  ta.vej'  shall, 
where  applicable,  apply  to  ••fasf?essmen*^s  equali- 
zation, and  relevies  and  collections  of  taxes  made 
urder  the  provisions  of  this  act. 

Sec.  5.  This  act  s^hall  apply  to  taxes  for  revenue 
or  ly,  and  not  to  assessments  for  local  improve- 
ments or  street  piirposes. 

Sec.  6.  This  act  shall  take  effect  and  be  In  force 
OTi  and  after  its  passage. 


Taxation.  1209 


An  act  authorizing  the  payment  of  compensation 
or  commission  to  persons  employe!  by  the 
state  controller  and  attorney-general,  or  by 
boards  of  supervisors  of  the  different  counties, 
to  collect  delinquent  state  and  county  taxes, 
and  legalizing  all  payments  made  for  that  pur- 
pose. 

(v^tat.  approved  March  26,  1895;  Stats.  1895,  chap. 

cv.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  That  all  sums  heretofore  pa'd  by  the 
state  to  any  person  for  comiJtnsation  or  ocmmis- 
sicn  to  persons  for  collecting  delinquent  state  and 
county  taxes  in  pursuance  ef  an  agreen^ent  by 
svch  persons  with  the  state  controller  and  attor- 
ney-general for  such  collections,  and  all  sums 
heretofore  paid  by  any  board  of  supervisors  out 
of  the  county  treasury  as  compensation  or  com- 
missions for  collecting  such  delinquent  taxes  in 
pirsuance  of  an  agreement  by  such  peisons  with 
such  boards  of  supervisors,  are  hereby  approved 
and  legalized. 

Sec.  2.  This  act  shall  take  f feect  and  be  in  force 
fum  and  after  its  passage. 

An  act  to  abolish  commissions  or  fees  paid  by  the 
state  for  the  assessment  equalization,  audit- 
ing, and  collection  of  ad  valorem  taxes. 

[Approved  February  23,  18:)3;  Stats.  1893.  p.  5.] 

An  Act  to  abolish  commissions  or  fees  paid  by  the 
state  for  the  assessment,  equalization,  audit- 
ing, and  collection  of  ad  valorem  taxes. 

[Approved  March  14,  1899;  Stats.  1899,  ch.  Ixxxvi.] 

An  Act  to  prevent  the  maintenance  against  the 
state  or  any  officer  thereof  by  any  county  or 
county  officer,  of  any  action  or  proceeding  for 
the  collection  or  recovery  of  any  money  allege  d 
to  be  due  such  county  or  any  onicer  tliereof  for 
services  rendered  in  the  assessment,  equaliza- 
tion,   auditing,    and    collection  of    ad  valorem 

[Approved  February  16,  1899;  Stats.  1899.  ch.  xi.] 


1210  Taxation. 

An  Act  prohibiting  tlie  payment  of  money  by  the 
state  to  counties  and  cities  and  counties  for 
the  collection  of  taxes. 

[Approved  March  4,  1899;  Stats.  1899;  ch.  xlvii.] 


An  act  to  repeal  an  act  of  the  legislature  of  the 
state  of  California  entitled  "An  act  in  relation 
to  the  assessment  and  collection  of  taxes  upon 
personal  property  in  the  city  and  county  of 
San  Francisco,"  approved  March  18,  1874,  and 
requiring  all  counties  and  cities  and  counties 
of  this  state  to  conform  to  the  requirements 
of  the  provisions  of  the  Political  Code  in  re- 
lation to  the  assessment,  equalization,  levy, 
and  collection  of  taxes  for  revenue  purpses. 
[Stat,  approved  March  28.  1895;  Stats.  1895,  chap. 

ccxvii.] 
The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
Section  1.  An  act  entitled  "An  act  in  relation 
to  the  assessment  and  collection  of  taxes  upon 
personal  property  in  the  city  and  county  of  San 
Francisco,"  approved  March  eighteenth,  eighteen 
hundred  and  seventy-four,  is  hereby  repealed. 

Sec.  2.  All  counties  and  cities  and  counties  of 
this  state  are  hereby  required  to  conform  to  the 
provisions  of  the  Political  Code  in  relation  to  the 
assessment,  equalization,  levy  and  collection  of 
taxes  on  real  and  personal  property  for  revenue 
purposes,  and  all  law^s  now  in  force  in  relation  to 
revenue  are  hereby  made  applicable  to  all  such 
counties  and  cities  and  counties. 

Sec.  3.     All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 
Sec.  4.     This  act  shall  take  effect  immediately. 


An  act  conicerning  the  assessment  of  animals. 
[Approved  March  30,  1872;  1871-2,  754.] 
Assessment  of  animals  temporarily  pasturing  in 
any  county. 


Taxation.  1211 

Section  1.  Whenever  any  person  residing  in  any 
county  of  the  stiite,  and  owning  any  neat  cattle, 
horses,  mules,  sheep,  or  goats  therein,  shall  drive 
the  same  from  the  county  where  he  resides  into 
any  other  county,  for  the  purpose  of  temporarily 
pasturing  the  same,  all  such  animals  shall  be  as- 
sessed in  and  for  the  county  where  such  owner 
resides,  although  the  said  animals  shall  not  be  at 
the  time  of  said  assessment  in  said  county  in 
which  he  may  so  permanently  reside;  and  such 
owner  shall  include  such  animals  in  his  assess- 
ment list,  and  the  assessor  of  the  county  where 
such  stock  are  so  temporarily  grazed  shall  list  the 
same,  with  a  full  description  of  each  liind  and  the 
number  of  the  same;  and  for  the  purpose  of  mak- 
ing such  list,  the  assessor  shall  have  power,  and  it 
is  hereby  made  his  duty,  to  examine  on  oath  the 
person  or  persons  owning  or  having  charge  of 
such  cattle,  horses,  mules,  sheep,  or  goats,  touch- 
ing their  number,  ownership,  and  to  whom  and 
in  what  county,  if  any,  they  have  been  assessed 
for  taxation.  The  list  made  out  as  aforesaid  by 
the  assessor,  together  with  a  full  statement  of  the 
same,  shall  be  signed  and  sworn  to  by  the  person 
or  persons  owning  or  having  in  charge  such 
stock. 
Duties  of  assessors  and  treasurers. 

Sec.  2.  The  assessor  shall  file  a  copy  of  said  list 
of  such  stock  with  the  county  treasurer  of  his 
county,  and  another  copy  with  the  treasurer  of 
the  county  in  which  the  said  stock  was  first  listed 
and  assessed  for  taxation.  Upon  filing  the  lists 
aforesaid,  with  the  sworn  statement  therein  that 
the  stock  specified  in  said  lists  has  been  pastured 
or  used  in  the  county  mentioned  therein  during 
the  grazing  season,  with  the  treasurer  of  the 
county  in  which  it  was  assessed  for  taxation,  said 
treasurer  shall  pay,  on  the  order  of  the  treasurer 
of  the  county  in  which  the  stock  was  so  pastured 
or  used,  one-half  of  the  amount  of  taxes  paid  in 
on  the  said  stock,  less  the  cost  of  collection. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  with 
this  act.  so  far  as  they  are  in  conflict  with  this  act. 
are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  from  and  after 
its  passage. 


1212  Taxation. 

Ad  act  to  regulate  the  assessment  of  migratory 
herds  or  bands  of     livestock,  and  to  provide 
for  an  equitable  distribution  of  the  taxes  de- 
rived therefrom. 
[Approved  March  16,  1874;  1873-4,  376.] 
Assessment  of  migratory  stock. 

Section  1.  Whenever  the  assessor  assesses  any 
livestock,  he  must  demand  of  the  person  vrho 
gives  him  a  list  thereof  a  statement  under  oath, 
showing:  first,  whether  such  stock,  or  any  part 
thereof,  will,  during  the  year  for  which  such  as- 
sessment is  being  made,  be  moved  to  another 
county  for  pasturage,  and  if  such  removal  is  to  be 
made;  second,  the  county  to  which  such  stock 
will  be  taken;  and  third,  the  number,  kind,  and 
value  thereof;  provided,  that  should  such  person, 
at  the  time  of  assessment,  not  have  determined  to 
remove  such  stock,  and  afterwards  should  make 
such  removal,  it  shall  be  lawful  for  him  to  make 
the  statement  to  the  assessor  of  the  county  from 
which  such  stock  was  removed,  as  in  this  section 
provided,  through  the  T"'nited  States  mail. 

[Statement  need  not  be  made  unless  the  asses- 
sor demand  it:  People  v.  Shippee,  53  Cal.  675.] 
Duty  of  assessor. 

Sec.  2.  The  assessor  must  fully  note  on  his  as- 
sessment roll,  immediately  below  the  description 
of  the  property  listed  to  such  person:  first,  the 
number  and  kind  of  stock  to  be  removed;  second, 
the  name  of  the  county  to  which  such  stock  is  to 
be  removed;  and  third,  the  assessed  value  of  such 
stock;  and  within  ten  days  after  making  the  as- 
sessment, he  must  transmit,  by  mail,  to  the  coun- 
ty treasurer  of  the  county  to  which  such  stock  is 
to  be  taken,  a  copy  of  the  statement  provided  for 
in  section  one  of  this  act:  and  the  treasurer  must 
enter  the  same  in  a  book  to  be  kept  by  him  for 
that  purpose,  which  book  shall  be  known  as  the 
assessment  roll  of  migratory  stock,  and  shall  be 
open  for  inspection. 

Collector's  account. 

Sec.  3.  The  collector  must  keep  a  separate  ac- 
count of  all  taxes  collected  upon  the  property 
mentioned  in  this  act,  which  account     must     in- 


Taxation.  1213 

elude  the  names  of  the  persons,  description  of  the 
property,  and  the  counties  to  which  such  stock 
has  been  driven,  and  at  the  time  of  his  settlement, 
file  such  account  with  the  treasurer  of  his  coun- 
ty; and  the  treasurer  must  enter  the  same  in  a 
book  to  be  kept  by  him  for  that  purpose. 
Treasurer's  duty. 

Sec  4.  The  treasurer  receiving  moneys  so  col- 
lected must  set  apart  one-half  of  the  sum  collected 
for  county  purposes,  for  the  use,  respectively,  of 
the  different  counties  to  which  the  stock  has  been 
sent  for  pasturage. 
Demand. 

Sec.  5.  On  the  first  Monday  of  February  in  each 
year  the  treasurer  of  each  county  to  which  any 
list  provided  for  in  section  one  has  been  sent,  must 
make  out  a  demand  against  the  county  from 
which  the  list  came,  for  one-half  of  the  tax  as- 
sessed for  county  purposes,  against  the  property 
on  said  list,  and  must  transmit  the  same  to  the 
county  treasurer  of  the  county  from  which  the 
list  came,  who  must  pay  over  to  the  treasurer 
making  the  demand  all  moneys  received  in  the 
county  treasury,  to  the  use  of  the  county  from 
which  the  demand  came,  and  which  had  not  been 
before  paid  over,  accompanied  with  a  duplicate 
of  the  statement  filed  by  the  tax  collector. 
How  made. 

Sec.  6.     The  demand  and  payment  provided  for 
in  the  preceding  section  may  be  made  through  any 
regularly  organized  express  company. 
Mark  "paid." 

Sec.  7.  The  treasurer  receiving  money  and 
statement,  as  provided  in  the  preceding  section, 
must  pay  the  same  into  the  county  treasury,  and 
must  mark  the  word  "paid"  on  the  assessment 
roll  opposite  the  name  and  description  of  proper- 
ty corresponding  with  the  name  and  description 
of  property  included  in  such  statement. 
Examinations  by  assessor. 

Sec.  8.    The  assessor  must  make  examinations 
of  the  property  listed  in  said  roll,  and  must  as- 
certain whether  any  livestock  not  on  such  roll  has 
been  sent  or  brought  into  his  county  for  pastur- 
Gen.  Laws— 102. 


1214  Taxation. 

age,  and  if  lie  finds  any  such,  must  assess  it  at  its 
full  cash  value;  and  in  that  case  the  fact  that  the 
same  property  has  been  assessed  in  another  coun- 
ty for  the  same  year,  and  that  the  taxes  have 
been  paid  in  such  county,  shall  be  no  defense  to 
any  proceeding  to  recover  the  taxes  assessed  in 
the  county  in  which  such  stock  is  found,  unless 
it  be  proved  that  such  person  has  complied  with 
the  provisions  of  section  one  of  this  act,  and  that 
the  assessor  has  failed  to  make  the  return  thereof. 
Penalty  for  failure  to  make  statements. 

Sec.  9.  Any  person  who  drives,  or  causes  to  be 
driven,  any  live-stock  to  another  county  for  pas- 
turage, and  fails  to  make  the  statement  provided 
for  in  section  one,  or  who  willfully  fails  to  include 
in  such  statement  the  full  number  or  value  of 
stock  so  sent  or  driven,  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars,  to  be  recovered  in  the 
district  court  of  the  county  to  which  said  stock  is 
sent  or  driven;  and  such  suit  must  be  instituted 
by  the  district  attorney  of  said  county  in  the  name 
of  the  people  of  the  state  of  California,  upon  the 
information  of  any  responsible  person,  and  one- 
half  of  the  penalty  recovered  must  be  paid  to  the 
person  on  whose  information  the  suit  was  insti- 
tuted. 
Misdemeanor. 

Sec.  10.  Any  ofiicer  who  shall  fail,  neglect,  or 
refuse  to  perform  the  duties  required  of  him  by 
this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  a  sum  of  not  less 
than  fifty  nor  more  than  five  hundred  doUaBS 
Print  and  transmit. 

Sec.  11.  The  state  board  of  equalization  must, 
immediately  after  the  passage  of  this  act,  have 
it  printed,  and  transmit  twenty  copies  thereof  to 
each  assessor  in  the  state. 

Sec.  12.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

The  above  act  was  declared  unconstitutional  and 
void  in  People  v.  Townsend,  56  Cal.  633. 


i 


Taxation.  1215 


An  act  supplementary  to  the  foregoing  act  of 
March  sixteenth,  eighteen  hundred  and  sev- 
enty-four. 

[Approved  April  1,  1876;  1875-6,  797.] 
Apportionment  of  assessments. 

Section  1.  County  treasurers  to  whom  a  list  is 
sent  from  the  county  of  Calaveras,  under  the  pro- 
visions of  the  above-mentioned  act,  shall  make 
out  a  demand  against  the  treasurer  of  the  county 
of  Calaveras  for  such  a  portion  of  one-half  of  the 
tax  assessed  and  collected  for  county  purposes  as 
vrould  have  been  assessed  and  collected  at  the 
rate  of  taxation  in  the  county  making  the  demand, 
had  the  property  been  assessed  therein. 

Sec.  2.  This  act  shall  be  in  full  force  from  and 
after  its  passage. 


An  act  in  relation  to  moneys  belonging    to     the 
state  derived   from  taxes  assessed    on   mort- 


[ Approved  March  30,  1872;  1871-2,  762.] 
Disposition  of  moneys. 

Section  1.  All  moneys  belonging  to  the  state 
now  in  the  hands  of  tax  collectors,  which  were  re- 
ceived as  taxes  on  promissory  notes  secured  by 
mortgage  assessed  and  collected  in  the  years 
eighteen  hundred  and  seventy  and  eighteen  hun- 
dred and  seventy-one,  and  all  moneys  that  may 
be  derived  from  taxes  now  delinquent,  which 
were  assessed  on  promissory  notes  secured  by 
mortgage  in  the  years  eighteen  hundred  and  sev- 
enty and  eighteen  hundred  and  seventy-one,  are 
hereby  directed  to  be  retained  for  the  use  of  the 
several  counties  which  levied  such  taxes.  The  tax 
collectors  of  the  several  counties  in  which  such 
property  was  assessed  are  authorized  and  required 
to  pay  over  all  such  moneys  to  the  county  treasur- 
er in  the  same  manner  as  other  taxes  are  paid. 
General  fund. 

Sec.  2.  All  moneys  which  by  this  act  are  remit- 
ted to  the  several  counties  in  which  such  assess- 
ments were  made  shall  be  placed  to  the  credit  of 
of  the  general  fund. 


1216  Taxation. 

Sec.  3.  All  laws  and  parts  of  laws  inconsistent 
with  this  act  are  hereby  repealed. 

Sec.  4.  This  act  shall  be  in  force  from  and  af- 
ter its  passage. 

An  act  prescribing  the  form  of  complaint  in  ac- 
tions to  recover  delinquent  taxes,  and  to  au- 
thorize the  bringing  of  suits  therefor. 
[Approved  April  23,  1880;  1880, 136  (Ban.  ed.  402).] 
Form  of  complaint  in  action  for  delinquent  taxes. 
Section  1.  In  any  action  that  may  be  hereafter 
commenced  in  any  county,  or  city  and  county,  in 
this  state,  for  the  collection  of  delinquent  taxes 
for  any  fiscal  year,  the  complaint  may  be  in  the 
following  form,  and  shall  be  legally  suflacient,  and 
on  the  trial  thereof  the  duplicate  assessment  roll 
for  any  said  fiscal  year,  of  said  county,  or  city 
or  county,  or  a  copy  of  any  entry  therein  duly 
certified,  showing  unpaid  taxes  against  the  de- 
fendant, or  in  cases  where  the  defendant  is  sued 
in  a  representative  capacity  against  any  person  or 
estate  he  represents,  shall  be  prima  facie  evidence 
of  the  plaintiff's  right  to  recover: 

(Title  of  court.)  (Name  of  plaintiff)  vs.  (name  of 
defendant.)  Plaintiff  avers  that  defendant  is  in- 
debted to  plaintiff  in  the  sum  of  $ (naming 

the  amount  for  county,  or  city  and  county),  taxes, 
with  five  per  cent  penalty  added  thereto  for  the 
non-payment  thereof,  and  interest  thereon  at  the 
rate  of  two  per  cent  per  month  from  the  (date), 
and  fifty  cents  costs  of  advertising.  Plaintiff  fur- 
ther avers  that  defendant  is  indebted  to  plaintiff 

in  the  further  sum  of  $ (naming  amount),  for 

state  taxes,  with  five  per  cent  penalty  added  there- 
to for  the  non-payment  thereof,  and  interest  there- 
on at  the  rate  of  two  per  cent  per  month  from 
(date),  and  fifty  cents  costs  of  advertising,  which 
said  taxes  were  duly  assessed  and  levied  upon 
(the  real  or  personal)  property  of  said  defendant, 
to-wit  (describe  property  as  assessed),  for  the  fis- 
cal year  (naming  the  year).  Wherefore,  plaintiff 
prays  judgment  against  said  defendant,  for  said 
several  sums,  with  interest  and  penalty  as  afore- 
said, and  costs  of  suit. 

(Signature  of  attorney.) 


Tehama  County.  1217 

And  in  any  case  where  the  defendant  is  sued  in 
a  representative  capacity,  such  other  further  or 
additional  allegations  as  may  be  necessary  to 
charge  him  in  such  capacity;  and  it  is  further  pro- 
vided, that  any  county,  or  city  and  county,  where 
such  taxes  are  delinquent,  may  sue  in  its  own 
name  for  the  recovery  of  delinquent  taxes,  wheth- 
er the  same  be  for  county,  or  city  and  county, 
and  state  purposes,  or  taxes,  or  either  of  them. 

Sec.  2.  This  act  shall  talie  effect  and  be  in  force 
from  and  after  its  passage. 


An  act  to  protect  the  county  treasuries  of  certain 

counties. 

[Approved  March  16,  1874;  1873-4,  393.] 

This  act  provides  that  the  assessors  of  certain 
counties  should  pay  the  salaries  of  deputies  em- 
ployed by  them. 

This  act  was  probably  repealed  by  the  County 
Government  Act. 

An  act  approved  March  27,  1874;  Stats.  1873-4, 
p.  731,  exempting  firemen  in  Nevada,  Placer,  El 
Dorado,  Alameda,  and  Siskiyou  counties  from  the 
payment  of  poll  tax  was  repealed  by  an  act  ap- 
proved March  15,  1876;  Stats.  1875-6,  p.  287. 


TITLE  282. 
TEHAMA   COUNTY. 

A  reference  to  special  and  local  laws  affecting 
Tehama  county  is  contained  in  Deering's  Anno- 
tated Penal  Code,  pp.  722,  723. 

See,  in  addition  to  those  enumerated,  an  act  to 
amend  certain  sections  of  the  act  incorporating 
Red  Bluff,  approved  March  17,  1891;  Stats.  1891, 


1218  Theaters. 

TITLE  283. 

TELEGRAPH  COMPANIES. 

Act  granting   franchise   for  line  between   Asia 
and  America:  See  Stats.  1871-2,  97. 


TITLE  284. 
THEATERS. 

An  act  making  it  unlawful  to  refuse  admission  to 
places  of  amusement. 

[Approved  March  23,  1893;  Stats.  1893,  p.  220.] 

Section  1.  It  shall  be  unlawful  for  any  corpora- 
tion, person,  or  association,  or  the  proprietor,  les- 
see, or  the  agents  of  either,  of  any  opera-house, 
theater,  melodeon,  museum,  circus,  caravan, 
race-course,  fair,  or  other  place  of  public  amuse- 
ment or  entertainment,  to  refuse  admittance  to 
any  person  over  the  age  of  twenty-one  years  who 
presents  a  ticket  of  admission  acquired  by  pur- 
chase, and  who  demands  admission  to  such  place; 
provided,  that  any  person  under  the  influence  of 
liquor,  or  who  is  guilty  of  boisterous  conduct,  or 
any  person  of  lewd  or  immoral  character,  may  be 
excluded  from  any  such  place  of  amusement. 

Sec.  2.  Any  person  who  is  refused  admission 
to  any  place  of  amusement  contrary  to  the  provi- 
sions of  this  act  is  entitled  to  recover  from  the 
proprietor,  lessee,  or  their  agents,  or  from  any 
person,  association,  corporation,  or  the  directors 
thereof,  his  actual  damages  and  one  hundred  dol- 
lars in  addition  thereto. 

Sec.  3.    TJiis  act  shall  take  effect  immediately. 


Thistle— Torrens  Land  System.  1219 

TITLE  285. 

THISTLE. 

An  act  to  prevent  the  propagation  of  the  Scotch 
or  Canada  thistle  in  the  counties  of  Hum- 
boldt, Siskiyou,  Klamath,  Del  Norte,  and 
Alameda. 

[Approved  March  2,  1872;  1871-2,  214.] 
Consult  Stats.  1871-2,  p.  214,  for  the  act. 


TITLE- 286. 

TIA  JUANA  SUFFERERS. 

An  act  to  appropriate  the  sum  of  five  thousand 
dollars  for  the  benefit  of  the  sufferers  from 
the  Tia  Juana  flood  of  the  twenty-second  of 
February,  1891,  and  to  provide  for  its  pay- 
ment to  the  board  of  supervisors  of  San 
Diego  county  and  its  distribution  to  the  suf- 
ferers. 
[Approved  March  31,  1891;  Stats.  1891,  p.  450.] 
The  nature  of  the  act  appears  from  the  title. 


TITLE  287. 
TORRENS  LAND  SYSTEM. 

An  act  to  create  a  special  commission  for  the 
purpose  of  examining  and  reporting  to  the 
thirty-first  session  of  the  legislature  on  the 
Torrens  land  transfer  act  of  Australia,  and 
making  an  appropriation  therefor. 

[Approved  March  9,  1893;  Stats.  1893,  p.  121.] 
Section  1.  A  special  commission  of  five  persons, 
four  of  whom  shall  be  members  of  the  legal  pro- 
fession, is  hereby  created  for  the  pui"pose  of  ex- 
amining the  methods  of  land  transfer  and  regis- 
tration as  existing  under  the  Torrens  land  trans- 
fer act  of  Australia,  and  of  preparing  a  system 


1220  Torreus  Land  System. 

for  the  state  of  California  in  accordance  with  said 
act;  and  of  reporting  the  same,  with  an  opinion 
thereon,  to  the  thirty-first  session  of  the  legisla- 
ture of  the  state  of  California. 

Sec.  2.  The  members  of  such  commission  shall 
be  appointed  by  the  governor  within  twenty  days 
after  the  passage  of  this  act;  and  within  ten  days 
from  such  appointment  said  commissioners  shall 
meet  and  organize  themselves  into  a  board,  at 
the  place  in  which  the  majority  of  said  commis- 
sioners shall  have  their  residences.  The  members 
of  said  commission  shall  receive  no  salary. 

Sec.  3.  The  state  printer  shall  print  such  re- 
ports as  said  commission  may  malie. 

Sec.  4.  There  is  hereby  appropriated  the  sum  of 
five  hundred  dollars  ($500)  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated,  for 
the  contingent  expenses  of  said  commission,  and 
the  state  controller  shall  draw  a  warrant  on  the 
state  treasurer  for  such  sum. 

Sec.  5,    This  act  shall  take  effect  immediately. 

An  Act  for  the  certification  of  land  titles  and  the 
simplification  of  the  transfer  of  real  estate. 

[Stat,  approved  March  17,  1897;  Stats.  1897,  chap, 
ex.] 

The  People  of  the  State  of  California,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

County  Recorders  Ex  Officio  Registrars. 

Section  1.    Recorders  to  be  registrars. 

Section  1.  Recorders  and  ex  officio  recorders  in 
the  several  counties  of  this  state  shall  be  regis- 
trars of  titles  in  their  respective  counties,  and 
their  deputies  shall  be  deputy  registrars.  All 
laws  relative  to  recorders  and  their  deputies,  in- 
cluding their  compensation,  clerk  hire,  and  ex- 
penses, shall  extend  to  registrars  and  their  depu- 
ties, so  far  as  the  same  may  be  applicable,  except 
as  in  this  act  otherwise  provided.  Registrars  of 
titles  shall  be  county  officers  within  the  meaning 
of  the  laws  of  this  state. 

Section  2.    Bonds  of  Recorders  to  cover  their  du- 
ties as  registrars. 

See.  2.  The  official  bonds  now  required  by  law 
to  be  given  by  recorders  and  ex  officio  recorders 


Torrens  Land  System.  1221 

before  entering  upon  the  discharge  of  their  duties, 
shall  also  apply  to  and  cover  the  faithful  dis- 
charge of  their  duties  as  registrars,  whether  such 
additional  condition  be  specifically  provided  for 
in  such  bonds  or  not. 

Section  3.    Deputies  may  act. 

Sec.  3.  Deputies  may  perform  any  and  all  du- 
ties of  the  registrar,  in  the  name  of  the  registrar, 
and  the  acts  of  such  deputies  shall  be  held  to  be 
the  acts  of  the  registrar. 

Section  4.    Registrar  and  deputy  not  to  practiee 
law. 

Sec.  4.  Registrars  and  deputy  registrars  are 
prohibited  from  practicing  law,  or  acting  as  at- 
torneys or  counselors  at  law,  or  having  as  a  part- 
ner a.  lawyer  or  any  one  who  acts  as  such,  or 
from  acting  as  searchers  of  title  under  this  act. 

Bringing  Land  under  the  Act. 
Section  5.    Application  by  verified  petition;  char- 
acter of  applicant;  county  of  application. 

Sec.  5.  Land  may  be  brought  under  the  opera- 
tion of  this  act  by  the  filing  with  the  county  clerk 
of  a  verified  petition  to  the  superior  court  of  the 
county  within  which  such  land  is  situated,  by  the 
owner  of  any  estate  or  interest  in  such  land, 
whether  legal  or  equitable  (other  than  an  undi- 
vided share,  or  an  easement).  The  clerk  shall  im- 
mediately indorse  on  such  application  the  exact 
time  of  its  presentation,  and  enter  the  same  in 
a  book  kept  for  that  purpose  and  known  as  the 
Land  Register  Docket.  Persons  who  collectively 
claim  to  hold  the  entire  legal  estate  in  fee  simple 
may  jointly  file  such  petition.  A  corporation  may 
apply  by  its  authorized  agent,  an  infant  by  his 
guardian;  any  other  person  under  disability  by 
his  guardian  or  trustee.  Land  constituting  a  sin- 
gle parcel  and  lying  partly  in  two  or  more  coun- 
ties may  be  included  in  one  application,  which 
may  be  made  in  either  county  in  which  the  land 
lies,  but  the  certificate  issued  therefor  must  be 
filed  with  the  registrars  of  all  the  counties  within 
which  such  land  is  situate.  Two  or  more  parcels 
of  land  may  be  included  in  one  application  if 
owned  by  the  same  person  and  in  the  same  right. 
Section  6.    Contents  of  application. 

Sec.  6.  The  petition  shall  set  forth  substan- 
tially: 


1222  Tarrens  Land  System. 

(a)  The  name,  occupation,  place  of  residence, 
and  post-office  address  of  the  applicant,  and  if  the 
application  is  by  one  acting  in  behalf  of  another, 
the  name,  place  of  residence,  post-office  address, 
and  capacity  of  the  person  so  acting,  and  the  na- 
ture of  the  disability  of  the  person  for  whom  he  is 
acting. 

(b)  Whether  the  applicant  (except  in  case  of  a 
corporation)  is  married  or  not,  and,  if  married, 
the  name  and  residence  of  the  husband  or  wife. 

(c)  The  description  of  the  land. 

(d)  The  applicant's  estate  or  interest  in  the 
same,  and  whether  the  same  is  subject  to  an  es- 
tate of  homestead. 

(e)  Whether  the  land  is  occupied  or  unoccupied, 
and,  if  occupied,  the  name  and  post-office  address 
of  each  occupant,  and  what  estate  or  interest  he 
has  or  claims  in  the  land, 

(f)  Whether  the  land  is  subject  to  any  ease- 
ment, lien,  or  incumbrance,  and,  if  any,  the  name 
and  post-office  address  if  known  of  each  holder 
thereof,  and  the  nature  and  amount  of  the  same, 
and,  if  recorded,  the  book  and  page  of  the  record. 

(g)  Whether  any  other  person  has  any  estate  or 
claims  any  interest  in  the  land,  in  law  or  equity, 
in  possession,  remainder,  reversion,  or  expectaa 
cy,  and,  if  any.  the  name  and  post-office  address  if 
known  of  every  such  person,  and  the  nature  of  his 
estate  or  claim, 

(h)  The  names  and  post-office  addresses  of  all 
the  owners  of  the  adjoining  lands,  so  far  as  he  is 
able,  upon  diligent  inquiry,  to  ascertain  the  same. 

(i)  If  the  applicant  is  a  male,  that  he  is  of  the 
full  age  of  twenty-one  years;  if  a  female,  that  she 
is  of  the  full  age  of  eighteen  years.  If  the  appli- 
cation is  made  by  a  corporation,  its  name,  when 
and  where  incorporated,  its  principal  place  of 
business,  and  the  names  and  post-office  addresses 
of  its  president  and  secretary.  If  the  application 
is  by  a  husband  or  wife,  and  the  property  is  com- 
munity property,  the  petition  must  so  state,  and 
both  spouses  must  join  therein.  A  plat  or  plan  of 
survey  of  the  land  made  by  the  county  or  a  licens- 
ed surveyor  must  accompany  the  application,  and 
if  said  land  is  a  part  of  a  city,  town,  or  subdivi- 
sion, the  application  must  refer  to  the  book  and 
page  of  the  records  of  the  county  where  the  map 
of  said  city,  town,  or  subdivision  is  recorded,  if 
at  all. 


Torrens  Land  System.  1223 

Each  application  must  be  accompanied  by.  an 
abstrac-t  of  the  title,  verified  by  the  searcher  mak- 
ing* the  same,  as  required  in  proceedings  in  parti- 
tion, or,  if  made  by  a  corporation  engaged  in  the 
business  of  making  and  certifying  abstracts  of  ti- 
tle, then  in  lieu  of  the  affidavit  a  certificate  by 
such  coi-poration,  under  its  seal,  shall  be  suffi- 
cient. When  the  title  to  the  land  in  question  has 
been  previously  determined  by  a  final  decree  of  a 
court  of  competent  jurisdiction,  such  abstracts 
need  not  antedate  such  decree  unless  required  by 
the  court  in  which  such  application  is  filed.  No 
person  or  corporation  shall  be  authorized  to  make 
or  furnish  such  abstracts  of  title  until  after  enter- 
ing into  an  undertaking  with  two  or  more  suffi- 
cient sureties  to  the  people  of  the  state  of  Cali- 
fornia in  a  sum  not  less  than  ten  thousand  dol- 
lars, which  may  be  increased  from  time  to  time 
by  order  of  the  court.  Such  bonds  shall  be  re- 
corded in  the  record  of  official  bonds  in  the  re- 
corder's office  of  the  county  and  then  filed  in  the 
county  clerk's  office.  Said  bond  shall  be  condi- 
tioned to  pay  all  damages  and  costs  which  the 
state  may  sustain  by  reason  of  any  error  or  in- 
sufficiency in  said  abstract.  The  sureties  on  such 
bond  shall  qualify  as  provided  in  section  ten 
hundred  and  fifty-seven  of  the  Code  of  Civil  Pro- 
cedure, and  the  sufficiency  of  the  bond  and  of  the 
sureties  thereon  shall  be  approved  by  a  judge  of 
the  superior  court  of  the  county  where  such  bond 
is  to  be  filed.  The  sureties  upon  such  bond  may 
become  severally  liable  in  portions  of  not  less 
than  five  hundred  dollars  each,  making  in  the  ag- 
gregate at  least  two  sureties  for  the  whole  sum. 
Said  bond  shall  be  renewed  as  often,  at  least,  as 
once  in  every  period  of  three  years. 

Section  7.    Registration  of  fee  simple  must    pre- 
cede all  else. 
Sec.  7.    No  mortgage,  lien,  charge,  or  lesser  es- 
tate than  a  fee  simple  shall  be  registered  unless 
the  fee  simple  to  the  same  land  is  first  registered. 

Section  8.  Registration  not  to  be  refused  because 
of  incumbrance. 
Sec.  8.  It  shall  not  be  an  objection  to  bringing 
land  under  this  act,  that  the  estate  or  interest  of 
the  applicant  is  subject  to  any  outstanding  lesser 
estate,  mortgage,  lien,  or  charge;  but  every  such 


1224  Torrens  Land  System. 

lesser  estate,  mortgage,  lien,  or  charge  shall  be 
noted  upon  the  certificate  of  title  and  the  dupli- 
cate thereof,  and  the  title  or  interest  certified 
shall  be  subject  only  to  such  estates,  mortgages, 
liens,  and  charges  as  are  so  noted,  except  as  here- 
in provided. 

Section  9.  No  registration  based  on  tax  title  until 
after  five  years  adverse  possession. 
Sec.  9.  No  title  derived  through  sale  for  any 
tax  or  assessment  shall  be  entitled  to  be  first  reg- 
istered, unless  it  shall  appear  to  the  satisfacfion 
of  the  court,  upon  the  hearing  of  the  application, 
that  the  applicant,  or  those  through  whom  he 
claims  title,  have  been  in  the  open,  actual,  con- 
tinuous, uninterrupted,  undisputed,  exclusive,  and 
adverse  possession  of  the  land  under  such  title  at 
least  five  years,  and  have  paid  all  taxes  and  as- 
sessments legally  levied  thereon  for  five  succes- 
sive years. 

Section  10.    Amendment  to  application  verified. 

Sec.  10.  The  application  may  be  amended  only 
by  petition  verified  as  in  the  case  of  the  original. 
Such  amendment  may  be  ordered  by  the  court  on 
its  own  motion,  or  upon  the  motion  of  any  person 
interested  in  the  proceeding. 

Section  11.    Filing  of  application  to  be  notice  to 
subsequent  purchasers. 

Sec.  11.  The  filing  of  the  application  in  the  of- 
fice of  the  county  cleric  shall  be  sufficient  notice 
of  the  same  to  all  subsequent  purchasers  or  in- 
cumbrancers without  the  filing  of  a  lis  pendens 
in  the  office  of  the  recorder. 

Section  12.    Court  to  dismiss  application,  or  set 
it  for  hearing. 

Sec.  12.  The  court  shall,  in  its  discretion,  ex- 
amine the  abstract  itself,  or  refer  the  same,  as 
provided  in  section  eighteen  of  this  act.  If  it  shall 
appear  to  the  court,  from  an  examination  of  the 
abstract,  or  from  the  report  of  the  referee,  that 
the  title  to  the  land  described  in  the  application 
is  substantially  as  alleged  by  the  applicant,  the 
application  shall  be  set  for  hearing,  otherwise  the 
court  may  order  the  application  dismissed. 


Torrens  Land  System.  1225 

Section  13.    Notice  of  hearing-  to  be  given;  any 

one  may  appear  and  object;  costs. 
Sec.  13.  When  The  time  and  place  for  hearing 
the  application  is  fixed  by  the  court,  notice  there- 
of shall  be  given  to  all  parties  interested,  as 
shown  by  the  petition  and  the  abstract  or  ref- 
eree's report,  and  to  the  husband  or  wife  of  the 
applicant,  if  married,  and  the  owners  of  adjoin- 
ing lands,  in  the  same  manner  as  the  service  of  a 
summons  in  a  civil  action,  and  by  publication  for 
ar  least  four  weeks,  in  some  newspaper  of  gen- 
eral circulation,  to  be  designated  by  the  court; 
provided,  that  no  copy  of  abstract  or  map  need 
be  served  with  the  petition.  Any  person  interest- 
ed may  appear  and  object  to  the  granting  of  the 
application,  and  if  such  objection  is  sustained, 
the  costs  of  the  same  shall  be  paid  by  the  appli- 
cant; if  not,  by  the  person  so  objecting.  The 
time  for  appearance  after  service  shall  be  the 
same  as  in  the  case  of  a  civil  action. 
Section  14.    Upon  the  hearing  the     court  to  take 

evidence  on  the  allegations  of     petition;  and 

may  adjourn  hearing. 
Sec.  14.  Upon  the  day  set  for  the  hearing  of  the 
application,  or  at  such  time  as  the  same  may  be 
continued  to,  the  court  shall  cause  examination 
to  be  made  into  the  applicant's  title  to  the  land  in 
question,  and  shall  hear  testimony  as  to  the  alle- 
gations of  the  petition,  or  of  any  objections 
thereto;  and  if  any  defects  are  found  in  the  appli- 
cation, or  in  the  applicant's  title  to  the  land,  or 
if  any  of  the  allegations  of  the  petition  are  found 
to  be  untrue,  or  any  objections  to  said  petition  are 
sustained,  the  court  may  dismiss  such  applica- 
tion, or  may  give  the  applicant  such  further 
time  as  the  court  may  deem  reasonable,  before 
finally  passing  upon  his  application. 
Section  15.    Decree  setting  forth  title  to  be  made 

by  court  on  granting  application. 
See.  15.  If  it  shall  be  made  to  appear,  to  the 
satisfaction  of  the  court,  that  the  notice  required 
by  section  thirteen  has  been  duly  given  and  served; 
that  the  facts  stated  in  the  application  are  true, 
and  that  the  applicant  is  the  owner  of  the  land,  or 
interested  therein,  as  set  forth  in  the  petition,  the 
court  shall  duly  make,  give  and  enter  a  decree  to 
that  effect,  which  said  decree  shall  contain  an  ac- 
Gen.  Laws— 103. 


1226  Torreus  Land  System. 

curate  description  of  tiie  property  in  question, 
with  a  diagram  thereof,  and  also  shall  set  forth 
all  liens  and  incumbrances  on  said  land,  with 
the  name  of  the  holder  thereof,  and  the  nature, 
amount,  and  order  of  the  same,  and,  if  recorded, 
the  booiv  and  page  of  the  record.  Any  party  ag- 
grieved by  such  decree  may  appeal  therefrom  in 
the  manner  now  or  hereafter  provided  by  law  for 
appeals  in  civil  actions. 

Section  16.    Registrar  to  issue  certificate  of  title 
upon  filing  of  certified  copy  of  decree. 

Sec.  16.  A  certified  copy  of  such  decree  shall 
be  filed  in  the  office  of  the  registrar,  who  shall 
thereupon  issue  a  certificate  of  title  to  the  person 
entitled  thereto  as  shown  by  said  decree,  and 
shall  proceed  to  bring  said  land  under  the  opera- 
tion of  this  act,  as  herein  provided.  Said  certifi- 
cate shall  contain  the  description  of  the  property 
set  forth  in  the  decree,  and  shall  also  show  the  na- 
ture, amount,  and  order  of  the  liens  thereon. 
Section  17.    Decree  to  be  in  rem,  and  conclusive. 

Sec.  17.  The  decree  of  the  court  ordering  regis- 
tration shall  be  in  the  nature  of  a  decree  in  rem, 
and  shall  be  final  and  conclusive  as  against  the 
rights  of  every  and  all  nersons,  known  and  un- 
known, to  assert  any  estate,  interest,  claim.  Tien, 
or  demand  of  any  nature  or  kind  whatever, 
against  the  land  so  ordered  registered,  except  as 
provided  in  this  act. 

Section  18.    Court  to  appoint  referee;  compensa- 
tion of  searcher  and  of  referee. 

Sec.  18.  Upon  the  filing  of  the  petition  the 
court  may  appoint  a  referee  to  examine  and  report 
upon  the  abstract  accompanying  the  same.  Such 
referee  shall  be  an  attorney  in  good  standing, 
skilled  in  the  examination  of  titles,  of  not  less 
than  three  years'  practice  at  the  bar  of  the  court 
so  appointing  him.  The  compensation  of  the 
searcher  and  of  the  referee  shall  be  fixed  by  the 
court,  or  agreed  upon  between  themselves  and 
the  applicant,  and  shall  be  paid  by  the  applicant 
as  a  part  of  the  costs  of  the  proceeding. 
Section  19.  Written  opinion  of  referee  to  be  filed 
before  decree  made. 

See.  19.  Whenever  such  abstract  shall  be  made 
and  such  referee  appointed,  no  decree  shall  be  en- 
tered by  the  court  until  the  written  opinion  of 
such  referee  shall  be  filed  in  the  proceeding,  show- 


Torrens  Land  System.  1227 

ing  the  nature  of  the  applicant's  title  to  the  land; 
and  if  the  same  is  subject  to  any  lesser  estate, 
mortgage,  lien,  or  charge,  particularly  specifying 
the  same  and  the  priority  thereof.  The  estate  of 
homestead  shall  be  included  in  the  term  "lesser 
estate." 

Section  20.    Applicant  may  withdraw  application 
upon  payment  of  fees  at  any  time  prior  to  is- 
suance of  certificate  of  title. 
Sec.  20.    Any  applicant  may,  upon  payment  of 
all  fees  due,  withdraw  his  application  for  regis- 
tration at  any  time  prior  to  the  issuing  of  a  cer- 
tificate of  title;  and  upon  the  written  request  of 
such   applicant  and  the  order  of  the  court,   the 
clerk  shall  return  to  the  applicant  all  abstracts 
of  title,  deeds,  and  other  instruments,  except  dep- 
ositions or  affidavits  deposited  by  him  for  the  pur- 
pose of  supporting  his  application. 

Section  21.  On  transfer  of  interest  or  death  of 
applicant,  proceedings  may  be  continued. 
Sec.  21.  In  case  of  the  death  or  any  disability 
of  the  applicant,  the  court,  on  motion,  may  airow 
the  proceeding  to  be  continued  by  or  against  his 
representative  or  successor  in  interest.  In  case 
of  any  other  transfer  of  interest  the  proceeding 
may  be  continued  in  the  name  of  the  original  ap- 
plicant, or  the  court  may  allow  the  person  to 
whom  the  transfer  is  made  to  be  substituted  in 
the  proceeding. 

Section  22.  Registrar  to  keep  record  of  particu- 
lars of  issuance. 
Sec.  22.  The  registrar  shall  immediately,  upon 
the  registration  of  any  land,  make  an  entry  in  a 
book  kept  by  him  for  that  purpose,  showing  the 
name  of  the  person  to  whom  the  certificate  was 
issued,  its  number,  the  day.  hour,  and  minute  of 
its  issuance,  the  name  of  the  person  to  whom  the 
duplicate  certificate  was  delivered,  and  the  book 
and  page  where  the  original  certificate  is  entered 
or  recorded. 

Section  23.    Certificate  of  title  to  be  in  duplicate: 
its  contents:  original  to  be  retained  by  regis- 
trar. 
Sec.  23.    EveiT  first  and  subsequent  certificate* 
of  title  shall  be  in  duplicate  and  numbered  con- 
secutively and    bear  date    the    year,  month,  day. 
hour,  and  minute  of  its  issue,  and  be  under  the 


1228  Torrens  Land  System. 

hand  and  official  seal  of  the  registrar,  one  copy  of 
which  shall  be  retained  by  the  registrar  and  be 
known  as  the  original,  and  the  other  shall  be  de- 
livered to  the  owner,  or  person  acting  for  him, 
and  be  linown  as  the  duplicate.  It  shall  state 
whether  the  owner,  except  in  the  case  of  a  cor- 
poration, executor,  administrator,  assignee,  or 
other  trustee,  is  married  or  not  married,  and  the 
name  of  the  husband  or  wife.  If  the  owner  is  a 
minor  it  shall  state  his  age;  if  under  any  other 
disability,  the  nature  of  the  disability.  If  issued 
to  an  executor  or  administrator,  the  certificate 
shall  show  the  name  of  the  deceased  testator  or 
intestate;  if  to  an  assignee  in  insolvency,  'the 
name  of  the  insolvent.  The  registrar  shall  note 
at  the  end  of  the  certificate,  original  and  dupli- 
cate, in  such  manner  as  to  show  and  preserve 
their  pi-iorities,  the  particulars  of  all  estates, 
mortgages,  liens,  incumbrances,  and  charges  to 
which  the  owner's  title  is  subject. 

Section  24.    Form  of  certificate. 

Sec.  24.    No  particular  form  of  certificate  of  ti- 
tle is  required,  but  the  same  may  t>e,  subject  to 
such  changes  as  the  case  may  require,  substan- 
tially in  the  following  form: 
State  of  California,  I    ^^ 

County  of .    \    ^^• 

A.  B.  <^state  occupation  and  residence,  giving 
street  and  number),  State  of  California  (if  an  ad- 
ministrator, give  the  name  of  the  deceased;  if  a 
minor,  give  his  age:  if  under  other  disability, 
state  its  nature),  married  to  (name  of  husband  or 
wife,  or  if  not  married  so  state),  is  the  owner  of 
an  estate  in  fee  simple  (or  as  the  case  may  be)  in 
the  following  land  (insert  description  contained 
in  the  decree).  Subject,  however,  to  the  estates, 
easements,  liens,  incumbrances,  and  charges 
hereunder  noted.  (In  case  of  trust,  condition,  or 
limitation,  say  "in  trust,"  or  "upon  condition,"  or 
"with  limitation,"  as  the  case  may  be.) 

1.  Mortgage  to  C.  D.  for  the  sum  of  $ .  dated 

,  payable  after  date,  with  interest  at 

per  cent  per interest  payable  . 

2.  Mechanic's  lien  in  favor  of  X.  Y.  for  $ , 

filed  . 

3.  Assessment  for  improvement  of Street. 

Amount  $ ,  due  . 

(Any  other  incumbrances  or  charges.) 


Ton-ens  Land  System.  1229 

In  witness  whereof,  I  have  hereunto  set  my 
hand  and  caused  my  otficial  seal  to  be  #t)Bxed,  this 
day  of  . 

Registrar  of  Titles  in  and  for  the  Coun*^  of , 

State  of  California. 

[Seal.] 
Section  25.    Tenants  in  common  may  retteive  each 
a  certificate. 

Sec.  25.  In  all  cases  where  two  or  more  per- 
sons are  entitled  as  tenants  in  common  to  an  es- 
tate in  registered  land,  such  persons  may  receive 
one  certificate  for  the  entirety,  or  each  may  re- 
ceive a  separate  certificate  for  his  undivided 
share. 

Section  26.  Registered  owner  may  consolidate 
several  or  divide  up  one  certificate. 

Sec.  26.  L'pon  the  application  of  any  registered 
owner  of  land  held  under  separate  certificates  of 
title,  or  under  one  certificate,  and  delivering  up 
of  such  certificate  or  certificates  of  title,  the  regis- 
trar may  issue  to  such  owner  a  single  certificate 
of  title  for  the  whole  of  such  land,  or  several  cer- 
tificates, each  containing  a  portion  of  such  land, 
in  accordance  with  such  application,  and  as  far 
as  the  same  maj'  be  done  consistently  with  any 
regulations  at  the  time  being  in  force,  respecting 
the  certificates  of  land  that  may  be  included  in 
one  certificate  of  title;  and  upon  issuing  any  such 
certificate  of  title  said  registrar  shall  indorse  on 
the  last  previous  certificate  of  title  of  such  land 
so  delivered  up  a  memorial,  setting  forth  the  oc- 
casion of  such  cancellation  and  referring  to  the 
volume  and  folium  of  the  new  certificate  or  certi- 
ficates of  title  so  issue<l. 

Section  27.  Certificate  may  be  issued  by  order  of 
court  in  lieu  of  lost  duplicate;  proceedings 
therefor. 

Sec.  27.  In  the  event  of  a  duplicate  certificate 
of  title  being  lost,  mislaid,  or  destroyed,  the  own- 
er may  apply  to  the  court  for  an  order  upon  the 
registrar  to  issue  a  certified  copy  of  the  original 
certificate  of  repistration.  Upon  the  hearing  of 
such  application,  the  court  may  order  such  notice 
to  be  given  to  such  persons,  and  for  such  time  as 
it  may  deem  proper.  If  the  court  is  satisfied  that 
the  applicant  is  the  person  named  in  the  original 


1230  Torrens  Land  System. 

certificaU  n  file  in  the  registrar's  office,  and 
that  the  aiiplicate  certificate  has  heen  lost,  mis- 
laid, or  destroyed,  the  court  shall  make  an  order 
directing  the  registrar  to  issue  a  certified  copy  of 
the  original  certificate  to  the  applicant.  A  certi- 
fied cop3^  flf  such  order  shall  be  filed  in  the  regis- 
trar's otfic<»,  who  shall  thereupon  issue  to  such 
applicant  ii  certified  copy  of  the  original  certifi- 
cate, with  the  memorials  and  notations  appear- 
ing upon  th^  register,  and  shall  note  upon  the  reg- 
ister the  fj'ict,  cause,  and  date  of  such  issue,  and 
shall  also  wijark  upon  such  certified  copy:  "Owner's 
certified  copy,  issued  in  place  of  lost  (mislaid,  or 
destroyed,  as  the  case  may  be)  certificate,"  and 
such  certified  copy  shall  stand  in  the  place  of, 
and  have  like  effect,  as  the  missing  duplicate  cer- 
tificate. In  case  of  a  lost  certificate,  no  ti-ansfer 
of  the  larrl  sihall  be  made  until  such  certified 
copy  is  is'Moed  by  the  registrar.  A  certified  copy 
of  the  ce'^itificate  of  title  may  be  issued  by  the 
registrar  for  use  as  evidence,  upon  the  receipt  by 
him  of  an  frder  therefor  made  by  the  court;  pro- 
vided, that  such  certified  copy  shall  have  written 
or  stamped  across  the  face  thereof  the  words  "for 
use  as  evidence  only."  The  issuance  of  such  cer- 
tified copy  and  the  purpose  thereof  shall  also  b«- 
noted  upon  the  original  certificate  by  the  regis- 
trar. 

Section  28.  Change  of  name  or  of  description  to 
be  noted  on  order  of  court. 
Sec.  28.  If  an  owner's  name  or  description  is  in- 
correctly registered,  or  becomes  changed  (e.  g.  by 
marriage,  adoption,  divorce,  etc.),  the  court,  upon 
the  filing  of  an  application  and  proof  of  facts  in 
the  manner  sett  forth  in  section  twenty-seven  of 
this  act,  and  the  production  by  the  owner  of  the 
duplicate  certificate,  shall  order  the  registrar  to 
issue  a  new  certificate,  with  such  changes  as  the 
case  may  require. 

The  Register  of  Titles. 

Section  29.    Original  certificate  to  be  entered  in 

registei-;  memorials  to  be  on  latest  certificate. 

Sec.  29.    The  registrar  shall  keep  a  book,  to  be 

known  as  the  "Register  of  Titles,"  wherein     he 

shall  enter  all  original  certificates  of  title,  in  the 


Torrens  Land  System.  1231 

order  of  their  numbers,  with  appropriate  blanks 
for  the  entry  of  memorials  and  notations  allowed 
by  this  act.  Each  certificate,  with  such  blanlis, 
shall  constitute  a  separate  folium  of  such  book. 
All  memorials  and  notations  that  may  be  entered 
upon  the  register  under  the  terms  of  this  act  shall 
be  entered  upon  the  folium  constituted  by  the  last 
certificate  of  title  of  the  laud  to  which  they  relate. 
Each  certificate  of  title  shall  be  numbered  the 
same  as  the  folium  of  the  register  on  which  the 
registration  of  the  title  of  which  it  is  a  duplicate, 
is  entered. 

Section  30.  Receipt  to  be  given  for  duplicate  cer- 
tificate on  its  issuance. 
Sec.  30.  Before  the  delivery  of  any  duplicate 
certificate  of  title,  a  receipt  for  it  shall  be  requir- 
ed to  be  signed  by  the  owner.  Where  such  re- 
ceipt is  signed  in  the  presence  of  the  registrar 
or  a  deputy,  it  shall  be  witnessed  by  such  officer. 
If  signed  elsewhere,  it  shall  be  acknowledged  be- 
fore any  officer  authorized  to  take  acknowledg- 
ments of  deeds. 

Section  31.    First  registration    deemed    complete 
on  notation  of     original     entries  upon  certifi- 
cates. 
Sec.  31.    In  every  case  of  first  registration  of 
land  or  an  estate  of  interest  therein,   the  same 
shall  be  deemed  to  be  registered  under  this  act, 
when  the  registrar  shall  have  marked  upon  tho 
certificate  of  title,   in  duplicate,  the  volume  and 
folium  of  the  register  in  which  the  original  may 
be  found. 

Section  32.    Transfer  complete  on  notation  upon 
new   certificate;  other    dealings    complete  on 
notation:  registration  to  relate  back  to  filing 
with  registrar. 
Sec.  32.    Every  transfer  of  registered  land  shall 
be  deemed  to  be  registered  under  this  act,  when 
the  new  certificate  to  the  transferee  shall  have 
been  marked,  as  in  the  case  of  the  first  registra- 
tion; and  all  other  dealings  shall  be  considered 
as  registered  when  the  memorial  or  notation  shall 
have  been  entered  in  the  register  upon  the  folium 
constituted  by  the  existing  certificate  of  title  ol 
the  land.    But,  for  the  protection  of  the  transferee 
or  person  claiming  through  any  transfer  or  deal- 


1232  Torreus  Land  System. 

ing,  tlie  registration  shall  relate  back  to  the  time 
of  filing  in  the  registrar's  office  the  deed,  instru- 
ment, or  notice,  pursuant  to  which  the  transfer 
memorial  or  notation  is  made. 
Section  33.  Party  aggrieved  may  bring  action 
against  registrar  and  others. 
Sec.  33.  Any  person  feeling  himself  aggrieved 
by  the  action  of  the  registrar,  or  by  his  refusal 
to  act  in  any  matter  pertaining  to  the  first  regis- 
tration of  land,  or  any  subsequent  transfer,  or 
charge  upon  the  same,  or  failing,  or  neglecting,  or 
refusing  to  file  any  instrument,  or  to  enter  or 
cancel  any  memorial  or  notation,  or  to  do  any 
other  thing  required  of  him  by  this  act,  may  file 
a  complaint  in  the  superior  court  making  the  reg- 
istrar and  other  persons,  whose  interests  may  be 
affected,  parties  defendant,  and  the  court  may 
proceed  therein  as  in  other  cases,  and  make  such 
order  or  decree  as  shall  be  according  to  equity 
and  the  purport  of  this  act.  A  certified  copy  of 
such  order  or  decree  shall  be  presented  to  the 
registrar,  who  shall  file  the  same  and  make  such 
entry  thereof  as  by  this  act  required. 

Effect  of  Eegistration. 

Section  34.  In  absence  of  fraud,  title  to  be  sub- 
ject only  to  noted  incumbrances;  exceptions. 
Sec.  34.  The  registered  owner  of  any  estate  or 
interest  in  land  brought  under  this  act  shall,  ex- 
cept in  ease  of  fraud  to  which  he  is  a  party,  or 
of  the  person  through  whom  he  claims  without 
valuable  consideration  paid  in  good  faith,  hold 
the  same  subject  only  to  such  estates,  mortgages, 
liens,  charges,  and  interests  as  may  be  noted  in 
the  last  certificate  of  title  in  the  registrar's  office, 
and  free  from  all  others,  except: 

1.  Any  subsisting  lease  or  agreement  for  a 
lease  for  a  period  not  exceeding  one  year,  where 
there  is  actual  occupation  of  the  land  under  lease. 
The  term  "lease"  shall  include  a  verbal  letting. 

2.  All  public  highways  embraced  in  the  de- 
scription of  the  lands  included  in  the  certificate. 

3.  Any  subsisting  right  of  way  or  other  ease- 
ment, however  created,  upon,  over,  or  in  respect 
of  the  land. 

4.  Any  tax  or  special  assessment  for  which  a 


TorreDs  Land  System.  1233 

sale  of  the  laud  has  not  been  had  at  the  date  of 
the  certificate  of  title. 

5.  Such  right  of  action  or  claim  as  is  allowed 
by  this  act. 

6.  Liens,  claims,  or  rights  arising  under  the 
laws  of  the  United  States,  which  the  statutes  of 
California  cannot  require  to  appear  of  record  upoD 
the  register. 

Section  35.  No  adverse  possession  after  registra- 
tion possible. 
Sec.  35.  After  land  has  been  registered  no  title 
thereto  adverse  or  in  derogation  to  the  title  of  the 
registered  owner  shall  be  acquired  by  any  length 
of  possession. 

Section  36.  Presumption  of  good  faith  in  pur- 
chaser of  registered  land. 
Sec.  36.  Except  in  case  of  fraud,  and  except  as 
herein  otherwise  provided,  no  person  taking  a 
transfer  of  registered  land,  or  any  estate  or  in- 
terest therein,  or  of  any  charge  upon  the  same 
from  the  registered  owner,  shall  be  held  to  in 
quire  into  the  circumstances  under  which,  or  the 
consideration  for  which,  sucli  owner  or  any  pre- 
vious registered  owner  was  registered,  or  be  af- 
fected with  notice,  actual  or  constructive,  of  any 
unregistered  trust,  lien,  claim,  demand,  or  inter- 
est; and  the  knowledge  that  any  unregistered 
trust,  lien,  claim,  demand,  or  interest  is  in  exist- 
ence shall  not  of  itself  be  imputed  as  fraud. 

Section  37.  Persons  defrauded  shall  not  lose 
rights. 
Sec.  37.  In  ease  of  fraud,  any  person  defraud- 
ed shall  have  all  rights  and  remedies  that  he 
would  have  had  if  the  land  were  not  under  the 
provisions  of  this  act;  provided,  that  nothing  con 
tained  in  this  section  shall  affect  the  title  of  a  reg- 
istered owner  who  has  taken  bona  fide  for  a  valu- 
able consideration,  or  of  any  person  bona  fide 
claiming  through  or  under  him. 

Section  38.  Registration  of  forged  instrument  void 
but  title  of"  bona  fide  owner  not  affected. 
Sec.  38.  If  a  deed  or  other  instrument  is  reg- 
istered, which  is  forged,  or  executed  by  a  person 
under  legal  disability,  such  registration  shall  be 
void;  provided,  that  the  title  of  a  registered 
owner,  who  has  taken  bona  fide  for  a  valuable 


1234  TorreDS  Land  System. 

consideration,  shall  not  be  affected  by  reason  of 
his  claiming  title  through  some  one,  the  registra- 
tion of  whose  right  or  interest  was  void,  as  pro- 
vided in  this  section. 

Section  39.  No  unregistered  interest  shall  prevail 
against  bona  fide  registered  owner. 
Sec.  39.  No  unregistered  estate,  interest,  power 
right,  claim,  contract,  or  trust  shall  prevail  against 
the  title  of  a  registered  owner  taking  bona  fide 
for  valuable  consideration,  or  of  any  person  bona 
fide  claiming  through  or  under  him. 

Section  40.  In  absence  of  fraud,  certificate  of  ti- 
tle is  conclusive  evidence  in  suit  for  specific 
performance  of  contract  to  purchase. 
Sec.  40.  In  any  suit  for  specific  performance 
brought  by  a  registered  owner  of  any  land  under 
the  provisions  of  this  act  against  a  person  who 
may  have  contracted  to  purchase  such  land,  not 
having  notice  of  any  fraud  or  other  circumstances 
which,  according  to  the  provisions  of  this  act 
would  affect  the  right  of  the  vendor,  the  certifi- 
cate of  title  of  such  registered  owner  shall  be 
held  in  every  court  to  be  conclusive  evidence 
that  such  registered  owner  has  a  good  and  valid 
title  to  the  land,  and  for  the  estate  or  interest 
therein  mentioned  or  described. 

Section  41.  In  ejectment  or  partition  suits,  certifi- 
cate is  conclusive  evidence. 
Sec.  41.  In  any  action  or  proceeding  brought 
for  ejectment,  partition,  or  possession  of  land,  the 
certificate  of  title  of  a  registered  owner  shall  be 
held  in  every  court  to  be  conclusive  evidence,  ex- 
cept as  herein  otherwise  provided,  that  such  reg- 
istered owner  has  a  good  and  valid  title  to  the 
land,  and  for  the  estate  or  interest  therein  men- 
tioned or  described,  and  that  such  registered  own- 
er is  entitled  to  the  possession  of  said  land. 

Section  42.  The  register  to  be  received  as  evi 
dence. 
Sec.  42.  The  register  of  any  land,  and  duly  cer 
tified  copies  thereof,  shall,  except  as  herein  oth- 
erwise provided,  be  received  in  law  and  in  equity 
as  evidence  of  the  facts  therein  stated,  and  as  con- 
clusive evidence  that  the  person  named  therein 
as  owner  is  entitled  to  the  land  for  the  estate  or 
interests   therein   specified. 


Torrens  Land  System.  1235 

Section  43.  Memorial  to  be  noted  until  cancella- 
tion. 
Sec.  43.  Whenever  a  memorial  has  been  enter- 
ed, as  permitted  by  this  act,  the  registrar  shall 
carry  the  same  forward  upon  all  certificates  of  ti- 
tle until  the  same  is  canceled  in  some  manner  au- 
thorized by  this  act. 

Section  44.  Dealings  subsequent  to  first  registra- 
tion subject  to  act. 
Sec.  44.  All  dealings  with  land  or  any  estate 
or  interest  therein,  after  the  same  has  been 
brought  under  this  act,  and  all  liens,  incumbran- 
ces, and  charges  upon  the  same  subsequent  to  the 
first  registration  thereof,  shall  be  deemed  to  be 
subject  to  the  terms  of  this  act,  and  to  such 
amendments  and  alterations  as  may  hereafter  be 
made.  The  bringing  of  land  under  this  act  shall 
imply  an  agreement  which  shall  run  with  the 
land,  that  the  same  shall  be  subject  to  the  terms 
and  provisions  of  the  act  and  of  amendments  and 
alterations  thereof. 

Section  45.  Five  years'  limitation  to  bringing  of 
action  affecting  registered  land;  incompetents 
to  appear. 
Sec.  45.  No  person  shall  commence  any  action 
at  law  or  in  equity  for  the  recovery  of  land,  or  as- 
sert any  interest,  right  in,  or  lien  or  demand  upon 
the  same,  or  make  entry  thereon  adversely  to  the 
Title  or  interest  certified  in  the  first  certificate 
bringing  the  land  under  the  operation  of  this  act, 
unless  within  five  years  after  the  first  registra- 
tion. It  shall  not  be  an  exception  to  this  rule  that 
the  person  entitled  to  bring  the  action  or  make  the 
entry  is  an  infant,  lunatic,  or  is  under  any  disa- 
bility, but  action  may  be  brought  by  such  person 
by  his  next  friend  or  guardian.  It  shall  be  the 
duty  of  the  guardian,  if  there  is  any,  to  bring  ac- 
tion in  the  name  of  his  ward  whenever  it  is  nec- 
essary to  preserve  or  enforce  the  ward's  rights  in 
registered  land:  provided,  however,  before  such 
action  shall  proceed,  it  must  be  made  to  appear 
to  the  court  that  the  person  bringing  such  action, 
or  those  under  whom  he  claims,  had  no  actual  no- 
tice of  the  proceedings  to  register  such  lands  in 
time  to  appear  and  file  his  objections  or  assert  his 
<?laim. 


1236  Torreus  Land  System. 

Section  46.  Action. not  to  affect  bona  fide  pur- 
chasers. 
Sec.  46.  The  action  provided  for  in  the  last  pre- 
ceding section,  shall  in  no  way  affect  or  disturb 
the  rights  of  any  person  in  said  land,  acquired  • 
subsequent  to  the  registration  thereof,  bona  fide 
and  without  knowledge,  and  for  a  valuable  con- 
sideration. 

Section  47.  Claim  to  arise  after  expiration  of  five 
years  preserved  by  noting  memorial;  proceed- 
ings subsequent. 
Sec.  47.  Any  person  having  any  interest,  right, 
title,  lien,  or  demand,  whether  vested,  contingent, 
or  inchoate,  in,  to.  or  upon  registered,  land  which 
existed  at  the  time  the  land  was  first  registered, 
and  upon  or  for  which  no  cause  of  action  shall 
have  accrued  at  the  date  of  the  registration  of  the 
land,  may,  prior  to  the  expiration  of  said  five 
years  after  such  registration,  file  in  the  registrar's 
office  a  notice,  under  oath,  setting  forth  his  inter- 
est, right,  title,  lien,  or  demand,  and  how  and  un- 
der whom  derived,  and  the  character  and  nature 
thereof;  and  if  such  claim  is  so  filed,  an  action 
may  be  brought  to  assert  or  recover  or  enforce 
the  same  at  any  time  within  one  year  after  the 
right  of  action  shall  have  accrued  thereon,  or  at 
any  time  within  the  period  of  five  years  after 
said  first  registration,  and  not  afterwards.  It  shal' 
be  the  duty  of  a  life  tenant  or  trustee  to  file  such 
claim  on  behalf  of  any  remainderman  or  rever- 
sioner, whether  the  remainder  or  reversion  be  at 
the  time  vested  or  contingent,  and  of  a  guardian 
to  file  such  claim  on  behalf  of  his  ward. 

Transfers. 

Section  48.  Title  passes  on  filing  of  deed  and  of 
duplicate. 
Sec.  48.  A  registered  owner  of  land  desiring  to 
transfer  his  whole  estate  or  interest  therein,  or 
some  distinct  part  or  parcel  thereof,  or  some  undi- 
vided interest  therein,  or  to  grant  out  of  his  estate 
an  estate  for  life  or  for  a  term  of  not  less  than  ten 
years,  may  execute  to  the  intended  transferee  a 
deed  or  instrument  of  conveyance  in  any  form 
authorized  by  law  for  that  purpose.  And  upon  fil-  • 
ing  such  deed  or  other  instrument  in  the  registrar's 
office  and  surrendering  to  the  registrar  the  dupli- 


Torreus  Land  System.  1237 

Cite  certificate  of  title,  the  transfer  sliall  be  com- 
plete and  the  title  so  transferred  shall  vest  in  the 
transferee;  thereupon,  the  registrar  shall  issue  in 
duplicate  and  register,  as  hereinbefore  provided,  a 
new  certificate,  certifying  the  title  to  the  estate 
or  interest  in  the  land  desired  to  be  conveyed  to 
be  in  the  transferee,  and  shall  note  upon  the  orig- 
inal and  duplicate  certificate  the  date  of  the  trans- 
fer, the  name  of  the  transferee,  and  the  volume 
and  folium  in  which  the  new  certificate  Is  reg- 
istered, and  shall  stamp  across  the  original  and 
surrendered  duplicate  certificate  the  word  "can- 
celed," in  whole  or  part,  as  the  case  may  be. 
Section  49.  New  certificate  to  issue  for  remain- 
der, if  but  a  parcel  be  transferred. 

Sec.  49.  When  only  a  part  of  the  land  described 
in  a  certificate  is  transferred,  or  some  estate  or  in- 
terest in  the  land  is  to  remain  in  the  transferer, 
a  new  certificate  shall  be  issued  to  him  for  the 
part,  estate,  or  interest  remaining  in  him. 
Section  50.  Time  of  filing  to  be  noted  on  instru- 
ment. 

Sec.  50.  The  registrar  shall  mark  as  filed  every 
deed,  mortgage,  lease,  and  other  instrument 
which  may  be  filed  in  his  office,  in  the  order  of  its- 
receipt,  and  shall  note  thereon  at  the  date  of  fil- 
ing the  minute,  hour,  day,  and  year  it  is  received. 
When  the  date  of  filing  any  instrument  is  re- 
quired to  be  entered  upon  the  register,  it  shall  be 
the  same  as  that  indorsed  upon  such  instru- 
ment. 
Section  51.    Papers  filed  to  be  retained. 

Sec.  51.  All  instruments,  notices,  and  papers 
required  or  permitted  by  this  act  to  be  filed  in  the 
office  of  the  registrar,  shall  be  retained  and  kept 
in  such  office,  and  shall  not  be  taken  therefrom  ex- 
cept by  a  subpoena  duces  tecum  issued  to,  and 
served  upon  the  registrar  by  a  court  of  record. 
But  the  registrar,  on  demand,  the  proper  fee  being 
tendered  therefor,  shall  deliver  to  any  person  a 
copy  or  copies  of  such  an  instrument,  with  all 
memoranda,  memorials,  and  indorsements  there- 
on, duly  certified  under  his  hand*  and  seal  of  office. 
The  registrar  shall,  however,  upon  all  such  copies, 
indorse  thereon  in  writing  across  the  face  there- 
of, in  red  ink,  "copy,  no  rights  conveyed  hereby." 
Gen.  Laws— 104. 


1238  Torrens  Land  System. 

Section  52.  Such  copies  to  be  received  in  evi- 
dence. 
Sec.  52.  Every  copy  of  original  instruments  so 
certified  as  provided  for  in  the  last  preceding 
section,  shall  be  received  in  all  cases  in  place  of 
the  original,  and  as  evidence  have  the  same  force 
and  effect  as  the  original  instrument. 

Section  53.  Existing  forms  of  deeds  may  be  used. 
Sec.  53.  Like  forms  of  deeds,  mortgages,  leases, 
and  other  instruments  as  are  now  or  may  here- 
after be  sufficient  in  law  for  the  purpose  intended, 
may  be  used  in  dealing  with  registered  land  and 
any  estate  or  interest  therein.  Such  instrument 
shall  give  the  number  of  the  certificate  of  title  of 
the  land  described  therein.  But  an  indorsement, 
duly  acknowledged,  upon  the  duplicate  certificate 
of  title,  substantially  in  the  following  form,  viz.: 

"I ,  grant  to the  real  property  described  in 

this  certificate.     Witness  hand  and  seal 

this day  of , ,"  shall  be  sufficient 

to  transfer   the   property   in   said   certificate   de- 
scribed. 

Section  54.  Name  and  address  to  be  indorsed  on 
instrument,  and  notices  to  be  sent  there. 
Sec.  54.  On  all  instruments  presented  to  the 
registrar  for  registration  shall  be  indorsed  the 
name  and  address  of  the  person  so  presenting  the 
same,  and  all  notices  relating  to  the  land  therein 
described  may  bo  served  on  such  person  at  such 
address.  The  address  may  be  changed  from  time 
to  time  by  such  person  filing  with  the  registrar  a 
written  notice  of  such  change. 

Section  55.  Instrument  affecting  registered  land 
to  be  but  a  contract  until  registered. 
Sec.  55.  A  deed,  mortgage,  lease,  or  other  in- 
strument purporting  to  convey,  transfer,  mortgage, 
lease,  cliarge,  or  otherwise  deal  with  registered 
land,  or  any  estate  or  interest  therein,  or  charge 
upon  the  same,  other  than  a  will  or  a  lease  not  ex- 
ceeding one  year  where  the  land  is  in  the  actual 
possession  of  the  lessee  or  his  assigns,  shall  take 
effect  only  by  wa^  of  contract  between  the  par- 
ties thereto,  and  as  authority  to  the  registrar  to 
register  the  transfer,  mortgage,  lease,  charge,  or 
other  dealing  upon  compliance  with  the  terms  of 
this  act.     On  the  filing  of  such  instrument,   the 


Torrens  Land  System.  123& 

land,  estate,  interest,  or  charge  shall  become 
transferred,  mortgaged,  leased,  charged,  or  dealt 
with  according  to  the  purport  and  terms  of  the 
deed,  mortgage,  lease,  or  other  instrument.  The 
registrar  shall  immediately,  upon  the  filing  of  such 
instrument,  stamp  or  write  upon  the  original  and 
duplicate  certificates  of  title  the  word  "trans- 
ferred," "mortgaged,"  "leased,"  or  otherwise,  a& 
the  case  may  require,  with  the  date  of  filing  such 
instrument. 

Section  56.  Certificate  before  retransfer,  etc.,. 
must  show  freedom  from  tax  sale  and  home- 
stead. 
Sec.  56.  No  transfer  of  title  to  land,  or  any  es- 
tate or  interest  therein,  or  mortgage,  shall  be  reg- 
istered, if  the  last  original  certificate  shows  that 
the  land  has  been  sold  for  any  tax  or  assessment 
upon  which  a  deed  has  been  given,  and  that  the 
title  is  outstanding,  or  upon  which  a  deed  may 
thereafter  be  given,  or  if  said  certificate  show& 
that  the  estate  of  homestead,  if  any,  has  not  been 
released  or  extinguished,  unless  the  transfer  or 
mortgage  is  intended  to  be  subject  to  such  tax 
sale  or  hometsead  estate,  in  which  case  it  shall 
be  so  stated  in  the  certificate  of  title. 

Section  57.  Certificate  to  state  marriage  or  repre- 
sentative capacity,  if  any. 
Sec.  57.  Every  certificate  of  title  to  land  shall 
state  whether  the  transferee  (except  when  the  lat- 
ter is  a  corporation,  executor,  administrator,  or 
assignee)  is  married  or  not  married,  and  if  mar- 
ried, the  name  of  the  husband  or  wife.  If  the 
transferee  be  an  executor  or  administrator,  the 
certificate  shall  give  the  name  of  the  deceased  tes- 
tator or  intestate,  and  if  the  transferee  be  an  as- 
signee, the  name  of  the  insolvent.  The  trans- 
feree shall  furnish  the  registrar  the  necessary  in- 
formation before  he  shall  be  entitled  to  have  the 
land  transferred  to  him  on  the  register. 

Mortgages,  Leases,  and  Other  Charges. 

Section  58.    Incumbrance  on  registered  land  must 
be  registered. 
Sec.  58.    Every  mortgage,  lease,  contract  to  sell, 
or  other  instrument  intended  to  create  a  lien,  in- 
cumbrance,  or   charge   upon   registered   land,   or 


1240  Torens  Land  System. 

any  interest  therein,  shall  be  deemed  to  be  a 
charge  thereon,  and  must  be  registered  as  here- 
inafter provided. 

Section  59.    Incumbrance    created    on     filing     of 
charge. 

Sec.  59.  On  the  filing  of  the  instrument  in- 
tended to  create  the  charge  in  the  registrar's  office, 
and  the  production  of  the  duplicate  certificate  of 
title,  and  it  appearing  from  the  original  certifi- 
cate of  title  that  the  person  intending  to  create 
the  charge  has  the  title  and  right  to  create  such 
charge,  and  the  person  in  whose  favor  the  same 
is  sought  to  be  created  being  entitled  by  the 
terms  of  this  act  to  have  the  same  registered,  the 
registrar  shall  enter  upon  the  proper  folium  of 
the  register,  and  also  upon  the  duplicate  certifi- 
cate, a  memorial  of  the  purport  thereof,  and  the 
date  of  filing  the  instrument,  with  a  reference 
thereto,  by  its  file  number,  which  memorial  shall 
be  signed  by  the  registrar.  The  registrar  shall 
also  note  upon  the  instrument  on  file  the  volume 
and  folium  of  the  register  where  the  memorial  is 
entered. 

Section  60.    Trust  deed  to  be  treated  as  a  mort- 
gage. 

Sec.  60.    A  trust  deed  in  the  nature  of  a  mort 
gage  shall  be  deemed  to  be  a  mortgage,  and  be 
subject  'to  the  same  rules  as  a  mortgage. 
Section  61.    If  instrument  charging  land  be  in  du- 
plicate or  more  parts,  but  one  need  be  filed. 

Sec.  61.  When  any  mortgage,  lease,  or  other 
instrument  creating  or  dealing  with  a  charge  up- 
on registered  land  or  any  estate  or  interest  there- 
in, is  in  duplicate,  triplicate,  or  more  parts,  only 
one  of  the  parts  need  be  filed  and  kept  in  the  reg- 
istrar's office;  but  the  registrar  shall  note  upon 
the  register  whether  the  same  is  in  duplicate,  tri- 
plicate, or  as  the  case  may  be,  and  shall  also 
mark  upon  the  others  "mortgagee's  duplicate," 
"lessor's  duplicate,"  "lessee's  duplicate,"  or  as 
the  case  may  be,  and  note  upon  the  same  the  date 
of  filing  and  the  volume  and  folium  of  the  register 
where  the  memorial  is  entered,  and  deliver  them 
to  the  parties  entitled  thereto. 

Section  62.    Certified  copies     identified     as     such 
may  be  issued. 
See.  62,    When-  an   instrument  is   not   executed 


Torrens  Land  System.  1241 

in  a  sufficient  number  of  parts  for  the  convenience 
of  tlie  parties,  the  registrar  may  malve  and  deliver 
to  eacli  of  tlie  parties  entitled  thereto  certified 
copies  of  the  instrument  filed  in  his  office,  with 
the  indorsements  thereon,  marking  the  same 
"mortgagee's  certified  copy,"  "lessor's  certified 
copy,"  or  as  the  case  may  be,  and  shall  note  upon 
the  register  the  fact  of  issuing  such  copies.  Such 
certified  copies  shall  have  the  same  force  and  ef- 
fect and  be  treated  as  duplicates. 
Section  63.  Assignment  of  charge  by  filing  and 
noting  of  same  by  memorial. 
Sec.  63.  The  holder  of  any  charge  upon  regis- 
tered land,  desiring  to  transfer  the  same  or  any 
part  thereof,  may  execute  an  assignment  of  th( 
whole  or  any  part  thereof.  The  assignment  of  a 
part  only  must  state  whether  the  part  transferred 
is  to  be  given  priority,  to  be  deferred,  or  to  rank 
equally,  with  the  remaining  part.  Upon  such  as- 
signment being  filed  in  the  office  of  the  registrar, 
and  the  production  of  the  duplicate  or  certified 
copy  of  the  instrument  creating  the  charge  held 
by  the  assignor,  the  registrar  shall  enter  in  the 
register  opposite  the  charge,  a  memorial  of  such 
transfer,  and  how  it  ranks,  with  a  reference  to  the 
assignment  by  its  file  number;  he  shall  also  note 
upon  the  instrument  on  file  in  his  office  intended 
to  be  transferred,  and  upon  the  duplicate  or  cer- 
tified copy  thereof  produced,  the  volume  and 
folium  where  the  memorial  is  entered,  with  the 
date  of  the  entry.  The  transferee  shall  be  enti- 
tled to  have  a  certified  copy  of  the  instrument  of 
transfer,  with  the  indorsement  thereon,  and  in 
case  of  the  transfer  of  the  entire  charge,  the  du- 
plicate or  certified  copy  of  the  instrument  creat- 
ing the  chai-ge. 

Section  64.  Release  of  part  or  whole  of  charge  to 
be  noted  as  an  assignment. 
Sec.  64.  A  release,  discharge,  or  surrender  of  a 
charge,  or  any  part  thereof,  or  of  any  part  of  the 
land  charged,  may  be  effected  in  the  same  way 
as  above  provided  in  the  case  of  a  transfer.  In 
ease  only  a  part  of  the  charge  or  of  the  land  is  in- 
tended to  be  released,  discharged,  or  surrendered, 
the  entry  shall  be  made  accordingly;  but  when 
the  whole  is  released,  discharged,  or  surrendered 
at  the  same  or  several  times,  the  registrar  shall 


1242  Torrens  Land  System. 

stamp  across  the  instrument  on  file,  and  the  me- 
morial thereof,  and  the  duplicate  or  certified  copy 
produced,  the  word  "canceled." 

Section  05.    Charges  to  be  enforced  as  at  pres- 
ent, except  as  herein  provided,  and  except  that 
notice  of  lis  pendens  must  be  filed  with  reg- 
istrar. 
Sec.  65.    All  charges  upon  registered     land,  of 
any  estate  or  interest  in  the  same,     may  be  en- 
forced as  now  or  hereafter  allowed  by  law,  and 
all  laws  with  reference  to  the  foreclosure  and  re- 
lease or  satisfaction  of  mortgages  shall  apply  to 
mortgages  upon  registered  land,  or  any  estate  or 
interest  therein,  except  as  herein  otherwise  pro- 
vided, and  except  that  until  notice  of  the  pendency 
of  any  suit  to  enforce  or  foreclose  such  charge  is 
filed  in  the  registrar's  office,  and     a     memorial 
thereof  entered  on  the  register,  the  pendency  of 
such  suit  shall  not  be  notice  to  the  registrar,  or 
any  person  dealing  with  the  land  or  any  charge 
thereon. 

Attorneys  in  Fact. 

Section  66.  Attorney  in  fact  to  deal  with  register- 
ed land  must  file  his  power. 
Sec.  06.  Before  any  person  can  convey,  charge, 
or  otherwise  deal  with  registered  land,  or  any  es- 
tate or  interest  therein,  as  attorney  in  fact  for  an- 
other, the  deed  or  instrument  empowering  him  so 
to  act  shall  be  filed  with  the  registrar,  and  a  me- 
morial thereof  entered  upon  the  original  and  du- 
plicate certificates.  If  the  attorney  shall  so  de- 
sire, the  registrar  shall  deliver  to  him  a  certified 
copy  of  the  power  of  attorney,  with  the  indorse- 
ments thereon.  Revocation  of  a  power  may  be 
registered  in  like  manner. 

Triists,  Conditions,  and  Limitations. 

Section  67.  Trusts,  etc.,  to  be  noted  without  any 
of  the  particulars. 
Sec.  67.  Whenever  a  deed  or  other  instrument 
is  filed  in  the  registrar's  office  for  the  purpose  of 
etiecting  a  transfer  of,  or  charge  upon,  registered 
lands,  or  any  estate  or  interest  therein,  and  it  ap- 
pears from  such  instrument  that  the  transfer  or 
cliarge  is  to  be  in  trust,  or  upon  any  condition  or 
limitation  therein  expressed,  the  registrar     shall 


Torrens  Land  System.  1243 

note  in  the  certificate,  and  the  duplicate  thereof, 
or  memorial,  the  words  ''in  trust,"  or  "upon  con- 
dition," or  "with  limitations,"  as  the  case  may  be, 
but  no  entry  shall  be  made  of  the  particulars  of 
any  such  trust,  conditions,  or  limitations. 
Section  68.  Every  trustee  with  express  authority, 
shall  have  power  of  sale. 
Sec.  68.  The  trustee  or  transferee  in  any  such 
instrument  named,  if  the  instrument  contains  the 
words  "with  power  of  sale,"  shall  have  power  to 
deal  with  the  land  as  the  owner  thereof;  and  a 
bona  fide  purchaser,  mortgagee,  or  lessee  is  not 
bound  to  inquire  into  or  determine  whether  or  not 
the  acts  of  such  trustee  are  in  accordance  with 
the  terms  and  conditions  of  the  trust.  When 
such  power  is  conferred,  the  registrar  shall  note 
upon  the  certificate  and  duplicate  thereof  the 
words  "with  power  of  sale." 

Section  69.  No  trustee,  with  limitation,  shall  sell 
without  order  of  court  to  sell. 
Sec.  69.  If,  however,  such  instrument  does  not 
contain  the  words  "with  power  of  sale,"  such 
trustee  shall  have  no  power  to  sell  or  otherwise 
deal  with  the  land  without  an  order  of  court  so  to 
do,  duly  given  and  made,  a  certified  copy  of 
which  said  order  shall  be  filed  with  the  registrar, 
and  a  memorial  thereof  entered  upon  the  certifi- 
cate of  title,  which  shall  be  conclusive  evidence  as 
against  all  persons  that  the  authority  of  such, 
trustee  was  duly  executed  in  accordance  with  the 
true  intent  and  meaning  of  the  trust,  condition,  or 
limitation. 

Section  70.  Trustee  under  will  shall  have  power 
to  sell  unless  it  be  withheld. 
Sec.  70.  A  trustee  under  any  will  admitted  to 
probate,  unless  such  power  shall  have  been  ex- 
pressly withheld  by  the  terms  of  such  will,  shall 
have  power  to  deal  with  any  registered  land  held 
by  him  'ii  trust  as  fully  in  every  respect  as  if 
such  lands  belonged  to  him  individually. 

Estates  in  Probate,  in  Insolvency,  and  in  Equity 
Proceedings. 

Section  71.    Existing  statutes  governing  probate, 
insolvency,   and    equity    proceedings,   nor   af- 
fected. 
Sec.    71.      The     distribution,     transfer,     leasing. 


1244  Torrens  Land  System. 

mortgaging,  or  other  change  in  the  status  of  fne  ti- 
tle of  registered  land  that  is  within  the  jurisdic- 
tion of  any  court  by  reason  of  the  pendency  of  pro- 
bate, insolvency,  or  equity  proceedings,  shall  be 
made  under  the  same  conditions  and  limitations 
as  now  or  hereafter  provided  by  the  law  of  this 
state. 

Section  72.  Orders  of  sale,  decrees  of  distribution, 
etc.,  to  contain  direction  to  registrar. 
Sec.  72.  The  court  in  its  order  or  decree  malt- 
ing such  distribution,  transfer,  leasing,  mortgag- 
ing, or  other  change  in  the  status  of  the  title  of 
registered  land,  shall  direct  the  registrar  to  issue 
a  certificate  of  title,  or  to  note  a  memorial  of  the 
transaction,  as  the  case  may  require,  in  accord- 
ance with  such  order  or  decree. 

Section  73.  Certified  copy  of  order,  decree,  deed, 
and  confirmation  to  be  filed  with  registrar. 
Sec.  73.  The  executor,  administrator,  assignee, 
receiver,  or  other  person  acting  under  the  direc- 
tion of  said  court,  shall  file  with  the  registrar  a 
certified  copy  of  such  order  or  decree,  also  the 
deed,  lease,  mortgage,  or  other  instrument  execut- 
ed in  accordance  with  such  order  or  decree,  and 
also  a  certified  copy  of  the  order  or  decree  con- 
firming such  sale,  lease,  mortgage,  or  other  trans- 
action, when  such  confirmation  is  required  by  law. 

Section  74.  Ordei-  of  court  necessary  for  sale  of 
land  of  insolvent  and  probate  estates;  con- 
firmation and  issuance  of  certificates  thereof. 
Sec.  74.  Executors,  administrators,  and  assign- 
ees in  insolvency  shall  have  no  power  of  sale  of 
lands  registered  in  their  names  as  such,  without 
an  order  of  court  obtained  for  that  purpose.  Be- 
fore any  certificate  can  be  issued  to  the  purchaser, 
such  sales  shall  be  reported  for  confirmation  to 
the  court  under  whose  authority  such  executor, 
administrator,  or  assignee  is  acting,  and  if  con- 
firmed a  duly  certified  copy  of  the  order  of  con- 
firmation shall  be  filed  in  the  office  of  the  regis- 
trar, and  a  memorial  thereof  entered  upon  the  cer- 
tificate of  title.  Upon  the  filing  of  the  certified 
copy  of  such  order  of  confirmation  and  the  entry 
of  such  memorial,  the  registrar  shall  issue  a  certi- 
ficate to  the  purchaser  at  such  sale,  which  certifi- 
cate,  in   addition   to   the   usual   contents  thereof, 


Torreus  Land  System.  1245 

shall  refer  to  the  said  order  of  confirmation.  Such 
order  of  confirmation  shall  be  conclusive  evidence 
that  the  sale  vras  in  all  respects  conducted  in  ac- 
cordance with  law,  and  the  purchaser  shall  not  be 
bound  to  inquire  into  the  regularity  of  the  pro- 
ceedins:.  or  power  of  the  executor  or  administrator 
to  make  such  sale. 
Section  75.    Power  of  sale  of  executor  to  be  noted. 

Sec.  75.  If  a  testator,  by  his  will,  has  provided 
that  the  executor  thereof  shall  have  a  power  of 
sale  of  real  estate,  the  court  shall  direct  the  reg- 
istrar to  register  the  words  "with  power  of  sale," 
in  respect  of  the  land  of  the  deceased,  and  such 
executor  shall  have  power  to  sell  such  land  with- 
out an  order  of  court  so  to  do,  but  such  sales  must 
be  confirmed  by  the  court  in  the  manner  now  or 
hereafter  provided  by  the  law  of  this  State,  and 
a  duly  certified  copy  of  the  order  of  such  confirm- 
ation shall  be  filed  with  the  registrar  before  any 
certificate  of  title  can  be  issued  to  the  purchaser 
of  such  land. 

Section  76.    Registrar  to  issue  certificate  or  note 
memorial,  such  to  be  conclusive. 

Sec.  76.  Thereupon  the  registrar  shall  issue  the 
certificate  of  title,  or  note  the  memorial,  as  the 
case  may  require;  and  such  certificate  of  title  or 
memorial  noted  shall  be  conclusive  evidence  in 
favor  of  all  persons  thereafter  dealing  with  said 
land. 

Tax  Sales. 
Section  77.    Notice  of  purchase  to   be  filed  and 
mailed. 

Sec.  77.  A  purchaser  of  registered  land  sold  for 
any  tax  or  assessment,  shall,  within  one  day  after 
such  purchase,  file  in  the  oflSce  of  the  registrar  a 
written  notice  of  such  purchase.  And  thereupon 
the  registrar  shall  enter  a  memorial  thereof  upon 
the  certificate  of  title,  and  shall  mail  to  each  per- 
son named  in  the  certificate,  or  in  the  memorials 
thereon,  a  copy  of  said  notice,  a  sufficient  number 
of  said  copies  to  be  furnished  to  the  registrar  by 
said  purchaser  at  the  time  of  filing  said  notice. 
In  case  the  State  or  a  municipal  corporation  be- 
comes the  purchaser  of  land  sold  for  any  tax  or 
assessment,  the  Tax  Collector  shall,  within  one 
day  thereafter,  file  with  the  registrar  a  notice  to 


1246  ToiTens  Land  System. 

that  effect.  And  thereupon  the  registrar  shall  en- 
ter a  memorial  thereof  upon  the  register,  and 
shall  mail  notices  to  interested  parties,  as  in  the 
case  of  an  individual  purchaser.  Unless  such  no- 
tice is  given  as  herein  provided,  the  land  shall  be 
forever  released  from  the  effect  of  such  sale,  and 
no  deed  shall  be  issued  in  pursuance  thereof. 

Section  78.  Tax  deed  already  issued  must  be 
registered. 
Sec.  78.  A  tax  deed  of  registered  land,  or  of 
any  estate  or  interest  therein,  issued  in  pursuance 
of  any  sale  for  a  tax  or  assessment  made  after 
the  taking  effect  of  this  act,  may  be  presented  by 
the  holder  thereof  to  the  registrar,  who  shall 
thereupon  enter  upon  the  register  a  memorial  of 
such  deed;  but  such  deed,  unless  the  same  shall 
have  been  issued  to  the  State,  shall  have  only  the 
effect  of  an  agreement  for  the  transfer  of  the 
title,  and  before  any  certificate  of  title  shall  be 
issued  for  the  land  described  in  such  deed,  the 
holder  thereof  must  file  with  the  Clerli  of  the  Su- 
perior Court  an  application  for  a  decree  showing 
the  title  to  said  land  to  be  vested  in  him. 

Section  79.  Interested  persons  must  be  made  par- 
ties to  said  application. 
Sec.  79.  All  persons  appearing  upon  the  regis- 
ter to  be  interested  in  said  land,  and  also  the  per- 
son who  appears,  by  the  Tax  Collector's  books  to 
have  paid  the  tax  or  assessment  last  paid  before 
the  sale  on  which  the  deed  is  issued,  shall  be  no- 
tified; and  any  person  claiming  an  interest  in  the 
land  may,  upon  the  hearing  of  such  application, 
show,  as  cause  why  a  certificate  of  title  should 
not  issue  to  the  holder  of  said  deed,  any  fact  that 
might  be  shown  in  law  or  in  equity  on  his  behalf 
to  set  aside  such  tax  deed,  and  the  applicant  shall 
be  required  to  show  affirmatively  that  all  the  re- 
quirements of  the  statute  to  entitle  him  to  a  deed 
have  been  complied  with. 

Section  80.  Decree  shall  be  given  showing  condi- 
tion of  title. 
Sec.  80.  Such  application  shall  be  heard  by  the 
court,  which  shall  render  a  decree  showing  the 
condition  of  the  title  to  such  land,  and  who  is  the 
owner  thereof,  and  upon  presentation  to  him,  of 
a  duly  certified  copy  of  such  decree,  the  registrar 


Torrens  Land  System.  1247 

shall  issue  a  certificate  for  said  land  in  accord- 
ance with  the  terms  and  conditions  of  said  decree. 
Section  81.    Tax  deed  to  State  conclusive. 

Sec.  81.  In  case  a  tax  deed  of  registered  land 
is  issued  to  the  State  or  any  municipal  corpora- 
tion, in  pursuance  of  any  sale  for  a  tax  or  assess- 
ment made  after  the  taking  effect  of  this  Act,  the 
registrar  shall,  upon  the  filing  of  such  deed  in  his 
office,  cancel  the  certificate  for  the  land  in  said 
deed  described,  and  issue  a  new  certificate  to  the 
State  therefor. 

Section  82.    Notice  to  be  personal  or  by  mail  and 
publication. 

Sec.  82.  The  notice  required  in  section  eighty 
shall  be  given  upon  all  persons  residing  in  the 
State  by  personal  service,  and  upon  all  persons 
living  out  of  the  State  by  mail  and  by  publication 
in  the  manner  now  or  hereafter  required  by  the 
laws  of  this  State  in  an  action  to  quiet  title.  If 
such  personal  service  be  made  by  a  Sheriff  or  Con- 
stable, his  certificate,  and  if  by  any  other  person, 
his  aflidavit,  shall  be  sufficient  proof  thereof.  In 
case  the  place  of  residence  of  any  person  is  not 
known  to  the  registrar  or  the  holder  of  such  deed, 
notice  shall  be  given  by  publication  in  a  newspa- 
per of  general  circulation  in  the  county  in  which 
the  land  is  situated,  at  least  once  a  week  for  four 
consecutive  weeks.  Proof  of  such  publication  must 
be  made  in  the  manner  now  or  hereafter  required 
by  the  laws  of  this  State. 

Section  83.    On  redemption,  memorial  to  be  can- 
celed. 

Sec.  83.  Upon  presentation  to  him  of  a  certifi- 
cate of  redemption  from  any  tax  sale,  the  regis- 
trar shall  cancel  the  memorial  of  said  sale  upon 
the  certificate  of  title. 

Partition  and  Judicial  Sales. 
Section  84.  All  parties  noted  on  register  must  be 
parties. 
Sec.  84.  In  proceedings  for  partition  of  register- 
ed land,  proof  must  be  made  that  all  persons, 
shown  by  the  register  of  title  to  be  interested  in 
the  land,  have  been  made  parties  to  such  pro- 
ceeding. 


1248  Torrens  Land  System. 

Section  85.  Decree  must  be  filed  before  certifi- 
cate issued. 
Sec.  85.  On  confirmation  of  the  report  of  the 
commissioners  setting  off  registered  lands  in  pro- 
ceedings for  partition,  it  shall  be  the  duty  of  the 
parties  to  whom  the  lands  are  allotted,  to  cause 
a  certified  copy  of  the  judgment  or  decree  to  be 
filed  with  the  registrar.  Thereupon  the  registrar 
shall  transfer  the  same  upon  the  register,  and  is- 
sue certificates  of  title  to  the  persons  entitled 
thereto,  as  shown  by  said  decree. 

Section  86.  When  sale  ordered,  purchaser  must 
file  copy  of  decree. 
Sec.  86.  Whenever,  in  proceedings  for  partition 
of  registered  land,  the  court  shall  order  a  sale 
of  such  land,  and  the  same  is  sold  under  such  or- 
der, the  purchaser  shall  file  with  the  registrar  a 
certified  copy  of  the  order  confirming  said  sale, 
together  with  certificate  of  the  officer  holding  the 
writ,  that  the  terms  of  the  sale  have  been  com- 
plied with.  Thereupon,  the  registrar  shall  trans- 
fer said  land  upon  the  register,  and  issue  a  cer- 
tificate of  title  to  the  purchaser,  therefor. 

Section  87.  When  mortgage  on  undivided  share, 
lien  attaches  only  to  lands  set  off  to  mortgagor. 
Sec.  87.  When  a  tenant  in  common  has  given 
any  mortgage,  or  granted,  any  other  lien  or  inter- 
est upon  his  undivided  interest,  and  the  same  is 
set  off  in  severalty  in  proceedings  for  partition, 
such  mortgage,  lien,  or  other  interest  shall  attach 
only  to  the  lands  so  set  off',  and  the  registrar  shall 
note  the  same  upon  a  new  register  of  title,  and  a 
new  certificate  of  title,  and  shall  indorse  a  memo- 
randum of  the  partition  upon  the  instrument  cre- 
ating such  lien,  mortgage,  or  other  interest,  if 
the  "same  be  on  file  in  his  oflice,  before  a  new  cer- 
tificate of  title  shall  be  issued  therefor. 

Section  88.  Purchaser  at  judicial  sale  must  file 
certified  copy  of  order  confirming  sale. 
Sec.  88.  Whenever  registered  land  shall  be  sold 
to  satisfy  any  judgment,  decree,  or  order  of  court, 
the  purchaser  shall  file  with  the  registrar  a  duly 
certified  copy  of  the  order  of  sale,  or  of  the  order 
confirming  such  sale,  when  the  same  needs  to  be 
confirmed  by  the  court,  and  also  the  certificate, 
if  any,  of  the  officer,  that  the  terms  of  sale  have 


Torrens  Land  System.  1249 

been  complied  with,  and  thereupon  the  registrar 
shall  transfer  the  laud  to  him,  and  issue  a  new 
certifieate  of  title  therefor  to  said  purchaser. 

Lis  Pendens;  Notice  of  Action. 

Section  89.  Notice  to  affect  registered  land  must 
be  filed  with  registrar. 
Sec.  89.  No  suit,  bill,  or  proceeding  at  law  or 
in  equity  for  any  purpose  whatever,  affecting  reg- 
istered land,  or  any  estate  or  interest  therein,  or 
any  charge  upon  the  same,  shall  be  deemed  to  be 
lis  pendens  or  notice  to  any  person  dealing  with 
the  same  until  notice  of  the  pendency  of  such 
suit,  bill,  or  proceeding  shall  be  filed  with  the 
registrar  and  a  memorial  thereof  entered  by  him 
upon  the  register  of  the  last  certificate  of  the  ti- 
tle to  be  affected;  provided,  however,  this  section 
shall  not  apply  to  attachment  proceedings  when 
the  ofticer  making  the  levy  shall  file  his  certificate 
as  hereinafter  provided. 

Section  90.  Wiien  suit,  etc.,  dismissed,  certificate 
of  dismissal  or  release  must  be  filed  with  reg- 
istrar. 
Sec.  90.  When  any  suit,  bill,  or  proceeding  af- 
fecting registered  lands  has  been  dismissed  or 
otherwise  disposed  of,  or  any  judgment,  decree, 
or  order  has  been  satisfied,  released,  reversed,  or 
modified,  or  any  levy  of  execution,  attachment,  or 
other  process  has  been  released,  discharged,  or 
otherwise  disposed  of,  it  shall  be  the  duty  of  the 
Sheriff,  or  the  clerk  of  the  court  in  which  such 
proceedings  were  pending,  or  had,  as  the  case  may 
be,  forthwith,  under  his  hand,  and,  if  the  clerk, 
under  the  seal  of  the  court,  to  certify  to  and  file 
with  the  registrar,  an  instrument  showing  such 
discharge  or  release.  Upon  the  same  being  filed, 
the  registrar  shall  enter  a  memorial  of  such  dis- 
charge on  the  register.  The  costs  of  such  certifi- 
cate and  memorial  shall  be  taxed  as  other  costs 
in  the  case. 

Liens,  Executions,  Attachments,  etc. 

Section  91.    Certified  copy  of  judgment  or  decree 
must  be  filed. 
Sec.  91.    No  judgment,  or  decree,  or  order  of  any 
court  shall  be  a  lien  on  or  in  anywise  affect  reg- 
Gen.  Laws— 105. 


1250  Torrens  Land  System. 

istered  land,  or  any  estate  or  interest  therein,  un- 
til a  certified  copy  of  such  judgment,  decree,  or 
order,  under  the  hand  and  official  seal  of  the 
clerli  of  the  court  in  which  the  same  is  of  record, 
is  tiled  in  the  office  of  the  registrar,  and  a  memo- 
rial of  the  same  is  entered  upon  the  register  of  the 
last  certificate  of  the  title  to  be  affected. 

Section  92.  Certificate  of  levy  of  attachment,  or 
execution,  must  be  filed. 
Sec.  92.  Whenever  registered  land  is  levied  up- 
on by  virtue  of  any  writ  of  attachment,  execu- 
tion, or  other  process,  it  shall  be  the  duty  of  the 
officer  making  such  levy  forthwith  to  file  with  the 
registrar  a  certificate  of  the  fact  of  such  levy,  a 
memorial  of  which  shall  be  entered  upon  the  regis- 
ter; and  no  lien  shall  arise  by  reason  of  such  levy 
until  the  filing  of  such  certificate  and  the  entry 
in  the  register  of  such  memorial,  any  notice  there- 
of, actual  or  constructive,  to  the  contrary  not- 
withstanding. 

Section  93.  Notice  of  mechanics'  liens  must  be 
filed. 
Sec.  93.  Notice  of  liens  under  the  provisions 
of  the  mechanics'  lien  laws  of  this  State  shall  be 
filed  in  the  registrar's  office,  and  a  memorial  there- 
of entered  by  him  upon  the  register,  as  in  the  case 
of  other  charges,  and  such  liens  may  be  enforced 
as  now  or  hereafter  allowed  by  law.  Until  such 
notice  is  so  filed  and  registered,  no  lien  shall  be 
deemed  to  have  been  created. 

Section  94.  Notice  of  assessments  for  street  im- 
provements, sewers,  etc.,  must  be  filed  by 
clerk. 
Sec.  94.  When  in  a  city,  town,  or  county,  an 
ordinance,  resolution,  or  order  is  passed  or  made, 
to  lay  out,  establish,  alter,  widen,  grade,  regrade, 
relocate,  or  construct  or  repair  a  street,  sidewalk, 
drain  or  sewer,  or  to  make  any  other  public  im- 
provement, or  to  do  any  work,  the  whole  or  a  por- 
tion of  the  expense  for  which  assessments  may 
be  made  upon  real  estate,  if  any  registered  land 
or  any  land  included  in  an  application  for  regis- 
tration then  pending  is  affected  by  the  Act  or  pro- 
ceeding and  liable  to  such  assessment,  the  clerk 
of  the  board  passing  such  ordinance,  resolution,  or 
order  shall,  within  five  days  after  the  passage  of 


Torrens  Land  System.  125] 

such  ordinance,  resolution,  or  order,  file  in  the  reg- 
istrar's office  a  notice  of  the  passage  thereof,  and 
a  memorial  shall  thereupon  be  noted  on  the  reg- 
ister. In  case  of  the  repeal  of  such  ordinance, 
resolution,  or  order,  the  clerk  of  said  board,  and 
in  case  of  the  satisfaction  of  any  lien  thereunder, 
the  Superintendent  of  Streets  or  other  officer  re- 
quired by  law  to  collect  and  receive  such  assess- 
ments, shall,  within  five  days  thereafter,  notify 
the  registrar,  who  shall  thereupon  cancel  such 
memorial. 

Section  95.    ISo  notice  necessary  in  case  of  lien 
for  labor  performed  for  corporation  not  com- 
plying with  law. 
Sec.  95.    No  statutory  or     other     lien  shall  be 
deemed  to  affect  the  title  to  registered  land  until 
after  a  memorial  thereof  is  entered  upon  the  reg- 
ister, as  herein  provided,  except  in  cases  of  liens 
for  labor  performed  for  a  corporation,  as  provided 
in  the  Act  of  the  Legislature  of  the  State  of  Cali- 
fornia, approved  March  thirty-first,  eighteen  hun- 
dred and  ninety-one. 

Section  96.  Clerk  of  court  may  file  certificate  of 
dismissal  of  suit  or  satisfaction  of  judgment. 
Sec.  96.  The  certificate  of  the  clerk  of  the  court 
in  which  any  suit,  bill,  or  proceeding  shall  have 
been  pending,  or  any  judgment  or  decree  is  of  rec- 
ord, that  such  suit,  bill,  or  proceeding  has  been 
dismissed  or  otherwise  disposed  of,  or  the  judg- 
ment, decree,  or  order  has  been  satisfied,  released, 
reversed,  or  overruled,  or  of  any  Sheriff  or  other 
officer  tbat  the  levy  of  any  execution,  attachment, 
or  other  process  certified  by  him  has  been  releas- 
ed, discharged,  or  otherwise  disposed  of,  being 
filed  in  the  registrar's  office  and  noted  upon  the 
register,  shall  be  sufficient  to  authorize  the  regis- 
trar to  cancel  or  otherwise  treat  the  memorial  of 
such  suit,  bill,  proceeding,  judgment,  decree,  or 
levy,  according  to  the  purport  of  such  certificate. 

Corrections  of  Errors  in  Certificate. 

Section  97.  No  correction  of  register  without  or- 
der of  court. 
Sec.  97.  After  a  title  has  been  registered  and  a 
certificate  issued  therefor,  or  after  a  memoran- 
dum, notation,  or  memorial  has  been  made  on  the 
register  of  title  and  has  been   attested,   no   cor- 


1252  Torrens  Land  System. 

rection,  alteration,  or  erasure  shall  be  made  there- 
in or  thereof,  except  in  the  manner  herein  pro- 
vided. 

Section  98.  Registrar  may  apply  to  court  for  cor- 
rection of  errors  or  mistakes  in  certificate. 
Sec.  98.  Whenever  it  appears  to  the  registrar 
that  there  is  an  error  or  omission  in  any  certifi- 
cate or  memorial,  or  that  any  certificate  or  memo- 
rial has  been  made,  entered,  indorsed,  issued,  or 
canceled  by  mistake,  he  may  apply  to  the  court 
for  an  order  summoning  all  persons  registered  as 
interested  in  the  lands  to  which  such  certificate 
or  memorial  relates,  to  appear  at  an  appointed 
time  and  place  and  produce  their  duplicate  certifi- 
cates and  show  cause  why  such  omission  or  mis- 
take should  not  be  corrected,  and  shall  thereupon 
enter  a  memorial  of  such  application  on  the  regis- 
ter. 

Section  99.  If  all  parties  consent,  court  may  or- 
der correction  of  errors  or  mistakes. 

Sec.  99.  If  at  the  time  and  place  appointed  all 
such  persons  appear  and  consent,  the  court  may 
order  and  direct  the  registrar  to  correct  any  such 
error,  omission,  or  mistake  on  the  register  and 
on  any  duplicate  certificate,  and  may  direct  the 
cancellation  of  any  certificate  or  memorial  enter- 
ed by  mistake. 

Section  100.  If  all  parties  do  not  consent,  court 
may  hear  testimony  as  to  alleged  error  or  mis- 
take. 

Sec.  100.  If  such  persons,  or  any  of  them,  fail 
to  appear,  or  do  not  consent,  the  court  may  pro- 
ceed to  hear  testimony  as  to  such  alleged  error, 
omission,  or  mistake,  and  if  it  appear  to  the  satis- 
faction of  the  court  that  an  error,  omission,  or 
mistake  has  been  made,  he  shall  order  and  direct 
the  registrar  to  correct  the  same  and  to  cancel 
or  modify  such  certificates  or  memorials  as  may 
be  necessary  to  correct  such  error  or  mistake. 
When  such  'error  or  mistake  has  been  caused  by 
the  fault  or  neglect  of  the  registrar,  the  costs  of 
such  proceedings  shall  be  paid  by  the  State;  if 
by  the  fault  of  any  person  registered  as  interested 
in  such  land,  by  such  person.  A  certified  copy  of 
the  order  of  court,  directing  the  correction  of  any 
error,  omission,  or  mistake  in  respect  to  any  cer- 
tificate or  memorial,  shall   be  filed  in  the  regis- 


Torrens  Land  System.  1253 

trar's  office  before  such  correction  shall  be  enter- 
ed or  made. 

Eminent   Domain. 
Section  101.    Right  of   eminent    domain    not    af- 
fected. 

Sec.  101.  Nothing  in  this  Act  shall  be  construed 
to  in  anywise  affect  or  modify  the  exercise  of  the 
right  of  eminent  domain.  When  any  suit  or  pro- 
ceeding shall  liave  been  brought  in  the  exercise 
of  such  right  for  the  taking  of  registered  land,  or 
any  interest  therein,  or  to  test  the  validity  of  any 
such  talving,  or  to  ascertain  and  establish  the 
amount  of  damage  by  reason  of  any  such  taking, 
it  shall  be  the  duty  of  both  parties  to  the  proceed- 
ing to  see  that  a  certified  copy  of  the  judgment 
or  decree  therein  is  duly  filed  and  a  memorial 
thereof  entered  upon  the  register;  but  in  the  case 
of  the  assessment  of  damages,  no  such  memorial 
shall  be  entered  by  the  registrar  until  such  dam- 
ages have  been  paid,  in  which  event  the  register 
shall  also  show  the  payment  of  such  damages;  pro- 
vided, however,  that  the  deposit  with  the  treas- 
urer, as  allowed  by  law,  of  such  damages,  shall 
be  deemed  a  payment  thereof,  and  in  such  case 
the  treasurer  shall  forthwith  file  with  the  regis- 
trar a  certificate  of  such  deposit,  and  thereupon 
a  memorial  thereof  shall  be  entered  upon  the  reg- 
ister. Upon  the  filing  of  the  certified  copy  of  the 
order  or  decree  of  the  court  and  the  payment  of 
damages,  the  registrar  shall  note  on  the  register 
of  title  of  the  owners  whose  lands  have  been  ap- 
propriated, a  description  of  the  land  so  appropriat- 
ed, and  shall  register  in  the  name  of  the  person, 
corporation,  or  other  body  entitled  thereto,  the 
title  of  the  land  taken,  and  issue  a  certificate 
therefor. 

Indices. 
Section  102.    Property  indices  to  be  kept. 

Sec.  102.  The  registrar  shall  keep  property  indi- 
ces, the  pages  of  which  shall  be  divided  into  col- 
umns, showing  first,  the  section  or  subdivision;  sec- 
ond, the  range  or  block;  third,  the  township  or  lot; 
fourth,  any  further  description  necessary  to  iden- 
tify the  land;  fifth,  the  name  of  the  registered  own- 
er; sixth,  the  volume;  and  seventh,  the  page  of  the 
register  in  which  the  lands  are  registered. 
Section  103:    Name  indices  to  be  kept. 

Sec.  103.    He  shall  also  keep  name  indices,  the 


1254  Torrens  Land  System. 

pages  of  which  shall  be  divided  into  columns, 
showing  in  alphabetical  order,  first,  the  names 
of  all  registered  owners  and  all  other  persons  in- 
terested in  or  holding  charges  upon  registered 
land;  second,  the  nature  of  the  interest;  third,  a 
brief  description  of  the  land;  fourth,  the  volume; 
and  fifth,  the  page  of  the  register  in  which  the 
lands  are  registered. 

Miscellaneous  Provisions. 

Section  104.  Registered  lands  may  be  partitioned. 
Sec.  104.  An  owner  of  an  undivided  interest  in 
registered  lands  may  bring  an  action  for  the  par- 
tition thereof.  A  notice  of  such  action  shall,  at 
the  time  of  the  commencement  thereof,  be  filed 
with  the  registrar  and  a  memorial  entered  by  him 
upon  the  register.  A  certified  copy  of  any  judg- 
ment or  decree  rendered  in  pursuance  of  such  ac- 
tion shall  be  filed  with  the  registrar,  who  shall 
thereupon  issue  new  certificates  in  accordance 
therewith. 

Section  105.  Registration  of  adverse  lien  not  con- 
clusive of  regularity  of  proceedings  or  instru- 
ments by  which  created. 
Sec.  105.  Whenever,  under  the  provisions  of 
this  Act,  any  interest  in,  or  lien,  incumbrance,  or 
charge  upon  registered  land,  arises  adversely  to 
the  registered  owner  without  voluntary  action  by 
him,  and  not  in  pursuance  of  a  judgment  or  de- 
cree of  court,  such  registration  shall  not  be  con- 
clusive of  the  regularity  of  any  proceedings  or  in- 
struments by  means  of  which  such  interest,  lien, 
incumbrance,  or  charge  arose,  or  the  validity  of 
the  same,  and  shall  have  no  greater  force  and  ef- 
fect than  would  the  recording,  in  case  the  land 
were  not  registered,  of  an  instrument  creating  a 
similar  interest,  lien,  incumbrance,  or  charge. 

Section  106.  In  case  of  fraud,  rights  and  reme- 
dies the  same  as  if  land  not  under  this  Act. 
Sec.  106.  In  the  case  of  fraud,  any  person  de- 
frauded shall  have  all  rights  and  remedies  that 
he  would  have  had  if  the  lands  were  not  under 
the  provisions  of  this  Act;  provided,  that  nothing 
contained  in  this  section  shall  affect  the  title  of 
a  registered  owner  who  has  taken  bona  fide  for  a 
valuable  consideration,  or  of  any  person  bona  fide 
claiming  tlirough  or  under  him. 


Torrens  Land  System.  1255 

Section  107.  Clerk  of  court  shall  notify  registrar 
of  appeal. 
Sec.  107.  In  case  of  an  appeal  from  any  pro- 
ceeding under  this  Act,  or  from  any  judgment,  or- 
der, or  decree  affecting  registered  lands,  the 
clerk  of  the  court  in  which  the  notice  of  appeal 
is  filed  shall  forthwith  notify  the  registrar  there- 
of, and  thereupon  the  registrar  shall  enter  upon 
the  register  a  memorial  of  such  appeal. 
Section  108.  All  fees  collected  by  registrar  to  be 
paid  to  County  Treasurer  and  applied  to  ex- 
penses of  administration  of  this  Act. 
Sec.  108.  All  fees  collected  by  the  registrar  un- 
der the  provisions  of  this  Act  shall  be  accounted 
for,  paid,  disbursed,  and  disposed  of  by  him  in  the 
same  manner  that  fees  collected  by  him  as  Coun- 
ty Recorder  are  now  or  may  hereafter  be  by  law 
accounted  for,  paid,  disbursed,  and  disposed  of. 
Should  there  be  a  surplus  in  any  year,  such  sur- 
plus shall  be  carried  into  the  general  fund,  and 
be  subject  to  appropriation  for  any  purpose.  In 
case  such  fees  shall  not  amount  to  the  sum  re- 
quired for  the  administration  of  this  Act,  the  de- 
ficiency shall  be  paid  from  any  funds  in  the  treas- 
ury not  otherwise  appropriated. 

Section  109.  Board  of  Supervisors  shall  furnish 
registrar  all  necessary  books,  etc. 
Sec.  109.  All  books,  blanks,  papers,  and  all 
things  necessary  for  the  purpose  of  carrying  out 
the  provisions  of  this  Act,  shall  be  furnished  by 
the  Board  of  Supervisors,  at  the  expense  of  the 
county. 

Section  110.    The     Attorney-General,    State    Con- 
troller,   and     Secretary    of    State    to    prepare 
forms. 
Sec.  110.    The  Attorney- General,  State  Control- 
ler, and  Secretary  of  State  shall  prepare  a  uniform 
system  of  books,  blanks,  and  forms  for  the  use  of 
the  public  officers  required  to  perform  duties  un- 
der this  Act,  and  such  forms,  and  none     other, 
shall  be  used  by  such  officers. 

Penalties. 

Section  111.    Fraudulent  procurement    of    certifi- 
cate, a  felony. 
_  Sec.  111.    Whoever    fraudulently    procures,    as- 
sists  in  fraudulently  procuring,  or  is  privy  to  the 


1256  Torrens  Land  System. 

fraudulent  procurement  of  any  certificate  of  title 
or  other  instrument,  or  of  any  entry  in  the  regis- 
ter or  other  booli  Ivept  in  the  registrar's  office,  or 
of  any  erasure  or  alteration  in  any  entry  in  any 
said  booli,  or  in  any  instrument  authorized  by 
this  act,  or  knowingly  defrauds  or  is  privy  to  de- 
frauding any  person  by  means  of  a  false  or  fraud- 
ulent instrument,  certificate,  statement,  or  affida- 
vit affecting  registered  land,  shall  be  guilty  of  a 
felony,  a.nd  fined  not  exceeding  five  thousand  dol- 
lars, or  be  imprisoned  not  exceeding  five  years  nor 
less  than  one  year,  or  either,  or  both,  in  the  dis- 
cretion of  the  court. 

Section  112.  Forgery  of  seal,  signature,  or  instru- 
ment in  registrar's  office,  a  felony. 
Sec.  112.  Whoever  (1)  forges,  or  procures  to  be 
forged,  or  assists  in  forging  the  seal  of  the  reg- 
istrar, or  the  name,  signature,  or  handwriting  of 
any  officer  of  the  registry  office  in  cases  where 
such  officer  is  expressly  or  impliedly  authorized 
to  affix  his  signature;  or  (2)  fraudulently  stamps, 
or  procures  to  be  stamped,  or  assists  in  stamping 
any  document  with  any  forged  seal  of  said  regis- 
trar; or  (3)  forges,  or  procures  to  be  forged,  or  as- 
sists in  forging,  the  name,  signature,  or  handwrit- 
ing of  any  person  whomsoever  to  any  instrument 
which  is  expressly  or  impliedly  authorized  to  be 
signed  by  such  person;  or  (4)  uses  any  document 
upon  which  any  impression,  or  part  of  the  impres- 
sion, of  any  seal  of  said  registrar  has  been  forged, 
knowing  the  same  to  have  been  forged,  or  any 
document,  the  signature  to  which  has  been  forg- 
ed, knowing  the  same  to  have  been  forged;  or  (5) 
swears  falsely  concerning  any  matter  or  proce- 
dure made  and  done  in  pursuance  of  this  Act, 
shall  be  guilty  of  a  felony,  and  imprisoned  not  ex- 
ceeding ten  years,  nor  less  than  one  year,  or  fined 
not  exceeding  five  thousand  dollars,  or  both  fined 
and  imprisoned,  in  the  discretion  of  the  court. 

Section   113.    No  proceeding  or  conviction   under 
this  Act  shall  affect  any  remedy  at  law  or  in 
equity. 
Sec.  113.     No  proceeding  or  conviction  for  any 
act  hereby  declared  to  be  a  misdemeanor  or  a  fel- 
ony shall  affect  any  remedy  which  any  person  ag- 
grieved or  injured  by  such  act  may  be  entitled  to 
at  law  or  in  equity  against  the  person  who  has 


Torrens  Land  System.  1257 

committed  such  act,  or     against     his     estate,  or 
against  the  registrar,  or  upon  his  bond. 

Fees. 

Section  114.  Fees  same  as  in  similar  cases  under 
present  laws,  except  as  provided  herein. 
Sec.  114.  First— The  fees,  in  respect  of  applica- 
tions and  proceedings  under  them  prior  to  regis- 
tration, shall  be  the  same  as  in  actions  in  the  Su- 
perior Court. 

Second— There  shall  be  paid  to  the  registrar: 
For  issuing  a  certificate  of  title,  including  one  du- 
plicate thereof,  one  dollar  and  fifty  cents. 
For  each  additional  duplicate,  fifty  cents. 
For  registering  each  transfer,  including  the  issue 
and  registration  of  the  new  certificate,  one  dol- 
lar and  fifty  cents. 
For  entry  of  each  memorial  on  the  register,  in- 
cluding the  indorsement  upon  the  duplicate  cer- 
tificates, one  dollar. 
For  the  cancellation  of  each  certificate,  memorial, 

or  charge,  twenty-five  cents. 
For  each  certificate  showing  condition  of  register, 

one  dollar  and  fifty  cents. 
For  filing  any  instrument,  or  for  a  certified  copy 
of  the  register,  or  of  any  instrument  or  writing 
on  file  in  his  office,  the  same  fees  allowed  by 
law  to  Recorders  for  like  services. 

Construction. 

Section  11.5.  Act  to  be  liberally  construed.  Con- 
struction of  similar  legislation  elsewhere,  not 
adopted. 

Sec.  115.  This  Act  shall  be  construed  liberally 
so  far  as  may  be  necessary  for  the  purpose  of  ef- 
fecting its  general  intent,  but  does  not  adopt  by 
implication  the  construction  of  any  similar  legis- 
lation of  other  jurisdictions  which  this  Act  may 
to  any  extent  have  followed. 
Section  116.    Act  to  take  effect  July  1,  1897. 

Sec.  116.  This  Act  shall  take  effect  and  be  in 
force  from  and  after  the  first  day  of  July,  eight- 
een hundred  and  ninety-seven. 


1258  Town  Lands^Treasurers. 

TOWN  LANDS. 
See  Public  Lands;  State  Lands. 


TITLE  288. 

TRADEMARKS. 

Act  relating  to:    See  Civil  Code,  Appendix,   ti- 
tle "Trademarks,"  p.  835. 


TITLE  289. 
TRAINING-SHIP. 

An  act  to  establish  and  maintain  a  training-ship  in 
the  city  and  county  of  San  Francisco. 

[Approved  February  15,  1876;  1875-6,  54.] 
Consult  statutes  of  1875-6  for  the  act. 


TITLE  290. 

TREASURERS. 

Acts  relating  to:  See  Political  Code,  Appendix, 
title.  Treasurers,  p.  1066. 

Act  increasing  number  of  deputies  for  limited 
period,  approved  March  16,  1889;  Stats.  1889,  p. 
303,  was  repealed  March  26,  1895;  Stats.  1895,  p. 
88. 

See  also  an  act  for  the  better  protection  of  the 
state  treasury,  approved  March  30,  1868,  and  an 
act  amendatory  thereof  approved  March  15,  1895; 
Stats.  1895,  p.  55. 

An  act  for  increasing  the  number  of  clerks  for 
a  limited  period,  approved  March  16,  1889,  was  re 
pealed  March  26,  1895;  Stats.  1895,  p.  88. 


Unincorporated  Societies.  1259 

TITLE   291. 

TRESPASSING  ANIMALS. 

See  Estrays;  Goats;  Hogs;  Sheep;  Stallions. 
A  collection  of  these  acts  will  be  found  in  Deer- 
Ing's  Annotated  Penal  Code,  p.  725  et  seq. 


TITLE  292. 

TRINITY  COUNTY. 

References  to  special  acts  relating  to  Trinity 
County  are  contained  in  Deering's  Annotated  Pe- 
nal Code,  pp.  734,  735. 


TITLE  293. 
TULARE  COUNTY. 

References  to  specal  acts  relating  to  Tulare 
County  are  contained  in  Deering's  Annotated  Pe- 
nal Code,  pp.  735,  736. 


TITLE  294. 

TUOLUMNE  COUNTY. 

References  to  special  acts  relating  to  Tuolumne 
County  are  contained  in  Deering's  Annotated 
Penal  Code.  pp.  737-738. 


TITLE  295. 
UNINCORPORATED  SOCIETIES. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Co-operative  Associations,  p.  742  et  seq. 

TITLE    295a. 

UNITED  STATES  FLAG. 
Consult:  Act  to  prohibit  the  desecration  of. 
[Approved  March  2,  1899;  Stats.  1899,  ch.  xliii.] 


1260  United  States  Senators. 

TITLP:  296. 

UNITED  STATES  SENATORS. 

An  act  to  ascertain  and  express  the  will  of  the 
people  of  the  state  of  California  upon  the  sub- 
ject of  election  of  United  States  senators. 

[Approved  March  10,  1891;  Stats.  1891,  p.  46.] 

Whereas,  it  is  expedient  that  the  wishes  of  the 
people  of  this  state  upon  the  subject  of  the  elec- 
tion of  United  States  senators  should  be  unmis- 
takably expressed;  therefore,  the  people  of  the 
state  of  California,  represented  in  senate  and  as- 
sembly,  do   enact  as   follows: 

Section  1.  That  thirty  days  prior  to  the  next 
general  state  election,  the  governor  shall  issue  his 
proclamation  calling  upon  the  electors  to  signify, 
at  said  election,  their  will  as  to  the  method  of  the 
election  of  United  States  senators,  by  placing  up- 
on the  ballots  the  words  "For  the  election  of 
United  States  senators  by  the  direct  vote  of  the 
people,"  or  the  words  "Against  the  election  of 
United  States  senators  by  the  direct  vote  of  the 
people":  and  the  inspectors  and  the  judges  of  elec- 
tion at  each  and  every  poll  in  the  state  shall  ascer- 
tain and  make  returns  of  the  number  of  votes 
cast  "For  the  election  of  United  States  senators  by 
the  direct  vote  of  the  people"  and  the  number  of 
votes  cast  "Against  the  election  of  United  States 
senators  by  the  direct  vote  of  the  people,"  in  like 
manner  as  other  votes  are  required  to  be  counted 
and  returned,  and  an  abstract  thereof  shall  be 
transmitted  by  each  county  clerk  in  the  state  to 
the  secretary  of  state,  in  the  same  manner  that 
votes  for  state  officers  are  now  required  to  be 
transmitted. 

Sec.  2.  The  secretary  of  state  shall  make  a 
complete  abstract  of  the  votes  given  at  said  elec- 
tion, and  certify  the  same  to  the  governor. 

Sec.  3.  The  governor  shall  prepare  a  memorial 
from  the  people  of  the  state  of  California,  attest- 
ed by  the  secretary  of  state,  with  the  great  seal 
of  state  attached,  setting  forth  in  brief  the  ques- 
tion submitted  to  the  electors,  and  the  vote  there- 
on, and  send  copies  thereof  to  the  president  and 
vice  president  of  the  United  States,  to  each  cab- 
inet  minister,   senator,   member  of  the  house  of 


United  Slates  Senators.  1261 

representatives,  and   the  governor  of   each  state 
and  territory  in  the  United  States  of  America. 


TITLE  297. 
UNIVERSITY   OF   CALIFORNIA. 

A  collection  of  the  acts  relating  to  the  University 
of  California  will  be  found  in  Deering's  Annotated 
Penal  Code,  pp.  738-742  and  in  Deering's  Anno- 
tated Political  Code  under  sections  1396,  1405  and 
1415.    In  addition,  consult  the  following: 

An  act  to  amend  an  act  entitled  "An  act  to  create 
and  organize  the  University  of  California,"  ap- 
proved March  23,  1868,  and  an  act  amend- 
atory of  section  twenty-five  thereof,  approved 
March  28,  1872,  relating  to  the  construction  of 
buildings. 

[Approved  March  3,  1897,  p.  65.] 

An  act  to  grant  to  the  regents  of  the  University 
of  California  the  north  one-half  of  section  six- 
teen, township  seven  south,  of  range  three 
east.  Mount  Diablo  meridian,  and  authorize  the 
exchange  thereof. 

[Approved  March  16,  1889;  1889,  229.] 

An  Act  to  amend  the  title  to  an  act  entitled  "An 
act  to  provide  for  the  payment  of  interest  on 
the  outstanding  bonds  of  the  state  of  Califor- 
nia, held  in  trust  for  university  fund  and  the 
state  school  fund;  to  repeal  an  act  of  the  legis- 
lature of  the  state  of  California,  approved 
March  4,  1881,  entitled  'An  Act  to  appropriate 
money  to  reimburse  the  university  of  Califor- 
nia for  money  heretofore  appropriated  to  the 
endowment  fund  thereof,  which  moneys  have 
by  mistake  been  withheld  thei'efrom  and  ap- 
propriated to  other  state  purposes,'  and  mak- 
ing an  appropriation  to  pay  the  interest  on 
said  outstanding  bonds,  from  Januai-y  1  to 
July  1,  1893,"  approved  March  3,  1893;  to 
amend  section  four  of  the  same  act,  and  to  ap- 
Gen.  liaws — 106. 


12ie»2  Veterans'  Home  Association. 

propriate  the  sum  of  $16,747.50,  now  in  tlie  uni- 
versity fund  and  available. 
[Approved  March  11,  1899;  Stats.  1899,  ch.  Ixxvii.] 

An  act  to  provide  additional  support  and  main- 
tenance, and  for  the  acquisition  of  necessary- 
property  and  improvements  for  the  University 
of  California,  by  the  levy  of  a  rate  of  taxa- 
tion, and  the  creation  of  a  fund  therefor. 

[Stat,  approved  February  27,  1897;  Stats.  1897, 
chap,  xlviii.] 

An  act  to  appropriate  one  hundred  and  twenty- 
five  thousand  dollars  for  the  erection  of 
buildings  for  the  use  of  affiliated  and  other 
departments  of  the  University  of  California, 
in   San   Francisco. 

[Stat,  approved  Februai-y  23,  1897;  Stats.  1897, 
chap,  xvii.] 

An  Act  to  authorize  the  insurance  of  all  property 
of  the  university  of  California  held  for  pur- 
poses of  income  against  damages  or  loss. 

[Approved  March  20,  1899;  Stats.  1899,  ch.  cxix.] 


TITLE  298. 
VENTURA. 

An  act  to  create  the  county  of  Ventura,  to  estab- 
lish the  boundaries  thereof,  and  to  provide  for 
its  organization. 
[Approved  March  22,  1872;  1871-2,  484.] 
Reference  to  other  special  acts  relating  to  Ven- 
tura County  are  contained  in  Deering's  Annotated 
Penal  Code,  p.  742. 


TITLE  299. 
VETERANS'  HOME  ASSOCIATION. 

See,  also,  Aged  Persons;  Soldiers  and  Sailors. 


Veterans'  Home  Association.  1263 

Consult  the  following  statutes: 

An  act  to  appropriate  money  for  the  support  of 
aged  persons  in  indigent  circumstances  resid- 
ing in  the  home  of  the  Veterans'  Home  AssO' 
ciation. 

[Approved  March  7,  1883;  1883,  55.] 

Acts  amendatory  of  this  act  were  approved  Feb. 
28,  1887;  Stats.  1887,  p.  6,  and  March  23,  1893; 
Stats,  of  1893,  p.  214,  and  March  20,  1899;  Stats. 
1899,  cTi.  111. 

See,  also,  an  act  authorizing  associated  veterans 
of  Mexican  war  to  exchange  lands;  Stats.  1871- 
2,  363. 

An  act  amending  the  same;  Stats.  1881,  66. 

An  act  to  appropriate  the  sum  of  fifty  thousand 
dollars  for  the  erection,  completion,  and  fur- 
nishing of  buildings,  laundry,  and  bath-house, 
and  for  improvements  of  the  grounds,  heating 
and  cooking  apparatus,  and  water  supply  at 
the  veterans'  home,  situate  in  Napa  county,  un- 
der the  auspices  of  the  veterans'  home  associa- 
tion of  the  state  of  California. 
[Approved  March  24,  1893;  Stats.  1893,  p.  339.] 
The  title  expresses  the  purport  of  the  act. 

An  act  to  appropriate  tlie  sum  of  ten  thousand 
dollars  for  the  construction  of  an  additional 
cottage  at  the  veterans'  home,  under  the  au- 
spices of  the  veterans'  home  association,  and 
for  the  completion  of  the  principal  building  al- 
ready in  use,  and  to  improve  the  water  supply 
of  said  home. 

[Approved  February  28,  1887;  1887,  7.1 
The  title  expresses  the  purport  of  the  act. 

An  act  to  enable  any  county,  city  and  county,  city, 
or  town  to  lease  property  to  any  association 
of  veteran  soldiers,  sailors,  or  marines, 

[Stat,  approved  March  11.  1897;  Stats.  1897,  chap, 
ciii.] 


1264  Veterinary  Surgery. 

An  act  to  authorize  tlie  directors  of  the  veterans' 
home  association  to  exchan2:e  certain  lands  in 
the  city  and  county  of  San  Francisco  for  cer- 
tain other  property  belonging  to  said  city  and 
county,  or  for  a  lease  of  said  property. 
[Approved  March  20,  1891;  Stats.  1891,  p.  184.] 

An  act  to  accept  from  the  Veterans'  Home  Asso- 
ciation the  conveyance  of,  and  to  vest  the  title 
in  the  state  of  California,  to  the  tract  of  land 
in  Napa  County  known  as  the  Veterans'  Home, 
with  the  improvements  and  furnishings  there- 
on, to  make  the  same  a  state  home  for  United 
States  soldiers,  sailors,  and  marines,  and  to 
to  provide  for  the  government  thereof  by  the 
State. 

[Stat,  approved     March  11,     1897;     Stats.     1897, 
chap,  ci.] 
Also  an  act  of  March  8,  1895,  authorizing    the 

state  treasurer  to  pay  over  to  the  treasurer  of  the 

Home  Association  moneys  received  under  act  of 

Congress,   Stats.  1895,  p.  26. 


TITLE  300. 
VETERINARY  SURGERY. 

An  act  entitled  an  act  to  regulate  the  practice  of 
veterinary  medicine  and  surgery  in  the  state 
of  California. 
[Appi-oved   March   23,   1893;   Stats.  1893,   p.   286.] 

Section  1.  It  shall  be  unlaAvful  for  any  person 
or  persons  to  practice  veterinary  medicine  and  sur- 
gery in  any  city,  city  and  county,  or  town  in  this 
state,  having  a  population  of  two  (2)  thousand  or 
more,  without  having  previously  obtained  a  diplo- 
ma from  a  college  duly  authorized  to  grant  such 
students  in  veterinary  medicine  and  surgery,  or  to 
those  who  have  iiassed  satisfactory  examinations 
before  the  state  veterinary  medical  board,  as 
hereinafter  provided  foi-. 

Sec.  2.  1.  This  board  of  examiners  shall  be 
known  as  tlie  state  veterinary  medical  board,  and 
shall  consist  of  live  duly  qualified  practitioner-3  in 


Veterinary  Surgery.  12G5 

veterinary  medicine  and  surgery,  whose  duty  it 
shall  be  to  carry  out  the  purposes  and  enforce  the 
provisions  of  this  act. 

2.  The  members  of  the  state  veterinary  medi- 
cal board  shall  be  appointed  by  the  governor  of 
the  state. 

3.  The  board  so  appointed  shall  hold  their  of- 
fices for  four  (4)  years,  and  the  compensation  of 
each  member  of  said  state  veterinary  medical 
board  shall  be  five  dollars  per  diem,  exclusive  of 
all  necessary  expenses  while  actually  engaged  in 
the  duty  of  their  office  at  the  meetings  of  said 
board. 

4.  A  meeting  of  the  state  veterinary  medical 
board  shall  be  held  at  least  once  in  every  six 
months  after  the  appointment  of  said  board  by  the 
governor  of  the  state  of  California,  such  meetings 
to  be  held  alternately  in  San  Francisco  and  Los 
Angeles. 

5.  Three  members  of  the  state  veterinary  med- 
ical board  shall  constitute  a  quorum. 

6.  Said  compensation  to  be  paid  out  of  the  fees 
and  penalties  received  under  the  provisions  of  this 
act,  and  no  part  of  the  salary  or  other  expenses 
of  the  state  veterinary  medical  board  shall  be  paid 
out  of  the  state  treasury, 

7.  All  moneys  received  by  said  state  veterinary 
medical  board  as  such  fees  and  penalties,  in  ex- 
cess of  the  compensation  and  expense  of  the  state 
veterinary  medical  board,  shall  be  annually  paid 
into  the  state  treasury,  and  become  a  part  of  the 
general  fund  of  the  state. 

Sec.  3.  1.  Said  state  veterinary  medical  board 
shall  examine  all  diplomas  as  to  their  genuineness. 
Each  applicant  not  holding  a  diploma  shall  sub- 
mit to  a  theoretical  and  practical  examination  be- 
fore the  state  veterinary  medical  board;  said  ex- 
amination to  be  written  or  oral,  or  both,  and  ^suf- 
ficiently strict  to  satisfy  said  board  that  the  ap- 
plicant is  competent  to  practice  veterinary  medi- 
cine and  surgery. 

2.  An  examination  fee  of  five  dollars  shall  be 
paid  to  the  state  veterinary  medical  board  by  the 
holder  of  a  diploma,  and  ten  dollars  by  an  appli- 
cant not  holding  a  diploma;  said  money  shall  be 
paid  by  the  applicant  before  examination. 

3.  In  case  of  failure  of  approval,  said  fee  shall 
be  forfeited  to  the  state  veterinary  medical  board. 


1266  Veterinary  Surgery. 

Sec.  4.  All  examinations  of  persons  not  grad- 
uates shall  be  made  directly  by  the  state  veter- 
inary medical  board,  and  the  certificates  given  by 
said  board  shall  authorize  the  possessor  to  prac- 
tice veterinary  medicine  and  surgery  in  the  state 
of  California.  All  examinations  of  ungraduated 
practitioners  must  take  effect  before  the  thirty- 
first  day  of  December,  eighteen  hundred  and  nine- 
ty-three. After  that  date  no  certifica>te  shall  be 
granted,  except  to  persons  presenting  diplomas 
from  legally  chartered  colleges. 

Sec.  5.  Upon  the  approval  of  credentials,  or  up- 
on approval  of  the  examination  of  an  applicant, 
said  state  veterinary  medical  board  shall  grant 
him  or  her  a  license  to  practice  in  this  stated  and 
shall  receive  therefor  a  fee  of  five  dollars;  said 
license  shall  be  signed  by  a  majority  of  the  board. 

Sec.  6.  Any  person  qualified  as  required  by  this 
aft  shall,  upon  receipt  of  his  license  to  practice, 
have  said  license  prominently  displayed  in  his  of- 
fice, and  a  true  copy  thereof  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  in  which  he  re- 
sides. Any  person  removing  to  another  county  to 
practice  shall  file  the  license  in  like  manner  in  the 
county  to  which  he  removes.  The  holder  shall  pay 
to  the  county  clerk  the  usual  fees  for  filing.  Any 
person  holding  such  license  who  shall  refuse  or 
neglect  to  prominently  display  in  his  office,  or  file 
a  copy  of  the  same  with  the  county  clerk,  as  above 
directed,  within  six  months  after  receiving  such 
license  shall  forfeit  his  license;  and  no  license 
when  once  forfeited  shall  be  restored  to  the  origi- 
nal holder  except  on  the  payment  to  said  state  vet- 
erinary medical  board  of  the  sum  of  twenty-five 
dollars,  as  a  penalty  for  such  failure,  neglect,  or 
refusal. 

Sec.  7.  Any  person  shall  be  regarded  as  prac- 
ticing veterinary  medicine  and  surgery,  within-  the 
meaning  of  this  act,  who  shall  have  received  a  li- 
cense as  mentioned  in  section  five.  But  nothing 
in  this  act  shall  be  construed  to  prohibit  members 
of  the  medical  profession  from  prescribing  for  do- 
mestic animals  in  case  of  emergency,  and  collect- 
ing a  fee  therefor,  nor  to  prohibit  gratuitous  ser- 
vices in  an  emergency,  nor  prevent  any  person 
from  practicing  veterinary  medicine  or  surgery  on 
any  animal  belonging  to  himself  or  herself.  And 
this  act  shall  not  apply  to  commissioned  veterin- 
ary surgeons  in  the  United  States  army. 


Viticulture— Water  Commissioners.        1267 

Sec.  8.  Any  persou  practiciug  veterinary  medi- 
cine or  surgery  in  tliis  state  contrary  to  tlie  pro- 
visions of  tliis  act  sliall  be  guilty  of  a  misdemean- 
or, the  penalty  of  which  shall  be  a  fine  of  not  less 
than  one  hundred  dollars  ($100)  nor  more  than  five 
hundred  dollars  ($500),  or  by  imprisonment  of  not 
exceeding  six  (6)  months,  or  by  both. 

Sec.  9.  This  act  shall  take  effect  sixty  days 
from  and  after  its  passage. 


TITLE  301. 
VITICULTURE. 

See  Agriculture;  Forestry;  Fruit-trees  and  Vines. 

A  collection  of  acts  relating  to  Viticulture  can 
be  found  in  Deering's  Annotated  Penal  Code,  p. 
744  et  seq. 

An  act  repealing  acts  relating  to  viticulture  and 
transferring  the  property  to  the  State  University 
was  approved  March  27,  1895;  Stats.  1895,  p.  235. 


TITLE  302. 

WAREHOUSES. 

Act  relating  to:  See  Civil  Code,  Appendix,  title 
Warehouses  and  Wharfingers,  p.  839. 


TITLE  303. 
WATER  COMMISSIONERS. 

The  Political  Code,  sec.  19,  continued  in  force 
all  acts  creating  or  regulating  boards    of     water 
commissioners  and  overseers  in  the  several  town- 
ships or  counties  of  the  state. 
A  collection  of  the  laws  is  contained  in  Deer- 
ing's Annotated  Penal  Code,  p.  750  et  seq. 


12GS  Water  Companies. 

TITLE  304. 
WATER  COMPANIES. 

Acts  relating  to:  See  Civil  Code,  Appendix,  title, 
Water  Companies,  p.  843,  et  seq. 
An  act  to  enable  the  board  of  supervisors,  town 
council,  board  of  aldermen,  or  other  legislative 
body  of  any  city  and  county,  city,  or  town  to 
obtain  data  and  iuformatioji,  from  any     cor- 
poration, company,  or  person  supplying  water 
to  such  city  and  county,  city,  or  town,  requir- 
ing such  boards,  town  council,  or  other  legis- 
lative body  to  perform  the  duties  prescribed 
by  section  one  of  article  foui'teen  of  the  con- 
stitution, and  prescribing     penalties    for     the 
non-performance  of  such  duties 
[Approved  March  7,  1881;   Stats.  1881,  54.] 
Municipal  corporations  to  fix  v.\rer  rates. 

Section  1.  The  board  of  supervisors,  tow^n 
council,  board  of  aldermen,  or  other  legislative 
body  of  any  city  and  county,  city,  or  town,  are 
hereby  authorized  and  empowered,  and  it  is  made 
their  official  duty,  to  annually  fix  the  rates  that 
shall  be  charged  and  collected  by  any  person, 
company,  association,  or  corporation,  for  water 
furnished  to  any  such  city  or  county,  or  city,  or 
town,  or  the  inhabitants  thereof.  Such  rates  shall 
be  fixed  at  a  regular  or  special  session  of  such 
board  or  other  legislative  body,  held  during  the 
month  of  February  of  each  year,  ana  shall  take 
effect  on  the  first  day  of  July  thereafter,  and  shall 
continue  in  full  force  and  effect  for  the  term  of 
one  year,  and  no  longer. 

Annual  statements  to  be  made  by  water  compa- 
nies, etc. 
Sec.  2.  The  board  of  supervisors,  town  council, 
board  of  aldermen,  or  other  legislative  body  of 
any  city  and  county,  city,  or  town,  are  hereby  au- 
thorized, and  it  is  hereby  made  their  duty,  at  least 
thirty  days  prior  to  the  fifteeath  day  of  January 
of  each  year,  to  require,  by  ordinance  of  other- 
wise  any   corporation,    company,  or   person   sup- 


Water  Companies.  1269 

plying  water  to  sucli  city  and  county,  city,  or 
town,  or  to  the  inhabitants  thereof,  to  furnish  to 
such  board,  or  other  governing  body,  in  the  month 
of  January  in  each  year,  a  detailed  statement, 
verified  by  the  oath  of  the  president  and  secretary 
of  such  corporation  or  company,  or  of  such  per- 
son, as  the  case  may  be,  showing  the  name  of 
such  water-rate  payer,  his  or  her  place  of  resi- 
dence, and  the  amount  paid  for  v/ater  by  each  of 
such  water-rate  payers,  durinj^  the  year  preced- 
ing the  date  of  such  statement,  and  also  showing 
all  revenue  derived  from  all  s;ources,  and  an  item- 
ized statement  of  expenditures  made  for  supply- 
ing water  during  said  time. 
Additional  statement. 

Sec.  3.  Accompanying  the  first  statement  made 
as  prescribed  in  section  two  of  this  act,  every  such 
corporation,  company,  or  person  shall  furnish  a 
detailed  statement,  verified  in  like  manner  as  the 
statement  mentioned  in  section  two  hereof,  show- 
ing the  amount  of  money  actually  expended  an- 
nually, since  commencing  business,  in  the  pur- 
chase, construction,  and  maintenance,  respec- 
tively, of  the  property  necessary  to  the  carrying 
on  of  its  business,  and  also  the  gross  cash  receipts 
annually,  for  the  same  period,  from  all  sources. 
Refusal  to  make  statement  a  misdemeanor. 

Sec.  4.  Every  corporation,  company,  or  person 
who  shall  refuse  or  neglect  to  furnish  the  state- 
ments mentioned  in  sections  two  and  three  of  this 
act,  or  either  of  them,  or  who  shall  furnish  any 
false  statement  in  relation  thereto,  within  thirty 
days  after  having  been  required  or  requested  to 
furnish  the  same  as  prescribed  in  sections  one, 
two,  and  three  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor. 
Copy  of  statement  to  be  filed. 

Sec.  5.  Upon  receiving  the  statements  provided 
for  in  sections  two  and  three  of  this  act,  the  board 
of  supervisors,  town  council,  board  of  aldermen, 
or  other  legislative  body,  shall  cause  a  copy 
thereof  to  be  made  and  filed  in  the  office  of  the 
county  recorder  of  such  city  and  county,  or  of 
the  county  wherein  such  city  or  town  is  situated. 
Rates  to  be  equal. 

Sec.  6.    Rates  for  the  furnishing  of  water  shall 


1270  Water  Companies. 

be  equal  and  uniform.  There  shall  be  no  dis- 
criminations made  between  persons,  or  between 
persons  and  corporations,  or  as  to  the  use  of 
water  for  private  and  domestic,  and  public  or  mu- 
nicipal purposes;  provided,  that  nothing  herein 
shall  be  so  construed  as  to  allow  any  person,  com- 
pany, association,  or  corporation  to  charge  any 
person,  corporation,  or  association  anything  for 
water  furnished  them  when,  by  any  present  law, 
such  water  is  free. 
Excess  in  charging  rates,  forfeits  franchise,  etc. 

Sec.  7.  Any  person,  company,  association,  or 
corporation  charging,  or  attempting  to  collect 
from  the  persons,  corporations,  or  municipalities 
using  water,  any  sum  in  excess  of  the  rate  fixed 
as  hereinbefore  designated,  shall,  upon  the  com- 
plaint of  said  board  of  supervisors,  town  council, 
board  of  aldermen,  or  other  legislative  body 
thereof,  or  of  any  water-rate  payer,  and  upon  con- 
viction before  any  court  of  competent  jurisdic- 
tion, shall  forfeit  the  franchises  and  water-works 
of  such  person,  company,  association,  or  corpora- 
tion to  the  city  and  county,  city  or  town,  wherein 
the  said  water  is  furnished  and  used. 

Penalty  to  supervisors  neglecting  to  enforce  act. 

Sec.  8.  Any  board  of  supervisors  or  other  legis- 
lative body  of  any  city  ana  county,  city  or  town 
which  shall  fail  or  refuse  to  iierform  any  of  the 
duties  prescribed  by  this  act,  at  the  time  and  in 
the  manner  hereinbefore  specified,  shall  be 
deemed  guilty  of  malfeasance  in  ofiice,  and  upon 
conviction  thereof,  at  the  suit  of  any  interested 
party,  in  anv  court  of  compeieiit  jurisdiction  shall 
be  removed  from  office. 

Sec.  9.  This  act  shall  take  effect  and  be  In 
force  from  and  after  the  dare  of  its  passage. 


Waters.  1271 

TITLE  305. 
WATERS. 

San  Joaquin  river,  act  to  improve  navigation  of. 
[Stats.   186.5-6,  p.  536.] 

San  Joaquin  river,  act  concerning  survey  of  out- 
let of.     [Stats.  1867-8,  p.  91.) 

An  act  declaring  the  San  Joaquin  river  and    the 
Stockton  slough  navigable  ij  om  and  to  certain 
points  herein  named. 
[Approved  February  21,  1872;  1871-2,  117.] 

An  act  declaring  a  certain  creek  in  Washington 
township,  Alameda  county,  navigable. 
[Approved  March  8,  1872;  1871-2,  307.] 

An  act  to  declare  Lake  Earl  m  Del  Norte  county 

navigable. 

[Approved  February  1,  1871;  1873-4,  59.] 

An  act  declaring  Alameda  creek,  in  the  county  of 
Alameda,  a  navigable  stream,  and  providing 
for  the  removal  of  obstructions  therefrom. 
[Approved  March  7,  1874;  1873-4,  308.] 

An  act  declaring  the  Moro  Oojo  slough  navigable. 
[Approved  March  30,  1874;  1873-4,  790.] 

An  act  declaring  Gallinas  slough,  or  creek,  in  Ma- 
rin county,  navigable. 
[Approved  March  25,  1876;  1875-6.  485.] 

An  act     declaring     Sonoma     river,     in     Sonoma 

county,  navigable. 

[Approved  February  11,  1878;  1877-8,  72.] 

An  act  to  declare  Clear  lake,     in     Lake    county, 
navigable. 
[Approved  March  29,  1878;  1877-8,  630.] 

An  act  to     declare    Smith     river,  in     Del     Norte 
county,  navigable. 
[Approved  March  30,  1878;  1877-8,  799.] 
Alameda  county,  navigable  streams  in.     [Stats. 
1867-8,  pp.  486,  680.] 

Arroyo  del  Medo,  act  declaring  Arroyo  del 
Medo,  in  Santa  Clara  county,  navigable.  [Stats. 
1852,  p.  223.] 


1272  Waters. 

Arroyo  del  San  Antonio  (Keys  creek),  declared 
navigable.     [Stats.  1860,  p.  126;  1873-4,  p.  564.] 

Cache  creek,  act  granting  right  to  open  chan- 
nel.    [Stats.  1858,  p.  303.] 

Diablo  creek,  declared  navigable.  [Stats.  1858, 
p.  127.] 

Feather  river,  act  concerning  survey  of  outlet 
of.     [Stats.  1867-8,  p.  91.] 

Islais  creek,  declared  navigable.  [Stats.  1867-8, 
p.  356.] 

Kings  river,  amending  act  for  improvement  of 
and  erecting  booms  therein.  [Stats.  1877-8,  p. 
961.] 

Kings  river,  improvement  of.  [Stats.  1871-2,  p. 
422;  1875-6,  p.  499.] 

Little  Truckee  river,  improvement  of.  [Stats. 
1871-2,  p.  70.] 

Mad  river,  act  to  improve.  [Stats.  1877-8,  p. 
788.] 

Marin  county,  act  declaring  certain  creeks  navi- 
gable.    [Stats.  1861,  p.  469;  1869-70,  p.  663.] 

Mission  creek,  declared  navigable.  [Stats.  1854, 
p.  18.] 

Mormon  slough,  widened.  [Stats.  1871-2,  p. 
540.] 

Navarro  river,  improvement  of.  [Stats.  1859,  p. 
325.] 

Novato  creek,  declared  navigable.  [Stats.  1860, 
p.  257.] 

Nueces  creek,  declared  navigable.  [Stats.  1858, 
p.  127.] 

Petaluma  creek,  act  concerning  improvement 
of.     [Stats.  1865-6,  p.  487.] 

Mokelumne  river,  act  to  improve  navigation  of. 
[Stats.  1863-4,  p.  417.] 

An  act  to  declare  the  Mokelumne  river  navigable. 
[Approved  April  3,  1880;  1880,  22  (Ban.  ed.  115).] 


^Vaters.  1273 

An  act  to  declare  the  Klamath  river  navigable, 
f  A])proved  April  23,  1880;  1880,  136  (Ban.  ed.  402).] 
Sacramento  river,  cleaning  and     deepening  of. 
[iStats.  lSt;.>6,  p.  301.] 

Sacramento  river,  act  concerning  survey  of  out- 
let of.     [Stats.  1867-8,  p.  91.] 

Salinas  river,  declared  navigable.  [Stats.  1861. 
p.  49.] 

San  Antonio  creek,  act  to  improve  navigation 
of.     [Stats.  :.859,  p.  327.] 

San  AntoUaO  creek,  act  providing  for  opening 
channel  across  bar  at  mouth  of.  [Stats.  1860, 
p.   162;   1861,  p.  20.] 

Stanislaus  river,  act  to  provide  for  improvement 
of.     [Stats.  1867-8,  p.  684.] 

Walnut  creek,  act  improving  navigation  of. 
[Stats.  1867-8,  p.  484.] 

Warm  Springs  creek,  declared  navigable. 
[Stats.  1871-2,  p.  307.] 

An  act  to  provide  for  the  location  of     tow-paths 
along  the  banks  of  navigable  streams. 

[Approved  April  1,  1872;  1871-2,  940.] 

Authority  given. 

Section  1.  The  board  of  supervisors  of  each 
county  in  the  state  may,  when  public  convenience 
for  the  purpose  of  commerce  requires  it,  cause  to 
be  located  and  opened  a  tow-path,  not  exceeding 
ten  feet  in  width,  along  the  bank  or  banks  of  any 
navigable  stream  within  the  county. 
Viewers. 

Sec.  2.  In  order  to  locate  and  open  such  tow- 
path,  the  same  proceedings  in  regard  to  petition, 
viewers,  etc.,  shall  be  taken  as  are  now  by  law  re- 
quired to  be  taken  in  the  respective  counties  of 
this  state  for  the  purpose  of  locating  and  opening 
public  roads  and  highways. 
Water  frontage. 

Sec.  3.    The  owner  or  owners  of  any  land  over 
which  a  tow-path  shall  be  located     and     opened 
Gen.  Laws— 107. 


1274  Waters. 

shall  not  be  deprived  of  the  water  frontage  nor  of 
the  free  use  and  enjoyment  of  any  land  so  lo- 
cated, subject  only  to  the  right  of  the  public  to 
use  the  same  for  the  purposes  of  commerce. 
Fences. 

Sec.  4.  It  shall  not  be  necessary  to  construct 
or  maintain  fences  on  either  side  of  any  tow- 
path  so  located,  but  the  board  of  supervisors  may 
make  all  necessary  rules  and  regulations  for  the 
government  and  management  of  tow-paths,  and 
may  provide  for  the  erection  of  gates  thereon  and 
for  the  full  and  complete  protection  of  the  prop- 
erty through  which  the  same  passes. 

Sec.  5.  This  act  shall  take  effect  from  and  af- 
ter its  passage. 

An  act  to  authorize  the  board  of  supervisors  of  the 
several  counties  in  this  state  to  grant  fran- 
chises and  privileges  to  corporations,  associa- 
tions, or  individuals. 

[Approved  March  3,  1881;  Stats.  1881,  25.] 

Privileges  to  construct  booms. 

Section  1.  The  board  of  supervisors  of  any  of 
the  counties  of  this  state  are  hereby  authorized 
and  empowered  to  grant  the  privilege  of  con- 
structing booms  for  the  purpose  of  holding  logs 
and  timber  to  companies,  corporations,  or  individ- 
uals, and  to  prescribe  the  conditions  on  which  the 
same  shall  be  maintained,  and  the  prices  which 
may  be  charged  for  the  use  of  the  same. 

Sec.  2.  This  act  will  be  in  force  from  and  after 
its  passage,  provided  that  navigation  shall  not  be 
interfered  with  thereby. 

An  act  authorizing  the  boards  of  supervisors  of 
the  several  counties  of  this  state  to  declare  in- 
navigable streams  highways  for  the  floating 
of  logs  and  timber,  and  provide  for  the  im- 
provement and  use  of  the  same. 

[Approved  March  7,  1889;  Stats.  1889,  p.  85.] 

Boards  of  supervisors  may  declare     innavigable 

streams  public  highways  for  certain  purposes. 

Section  1.    Upon  application  of  any  individual, 


Waters.  1275 

association,  or  corporation  interested,  the  board 
of  supervisors  of  any  county  of  tliis  state  may,  by 
ordinance,  declare  all  or  any  portion  of  any  river 
or  stream  lying  within  the  county  which  has  not 
been  declared  by  law  to  be  navigable,  and  which 
is  not  in  fact  navigable  for  commercial  purposes, 
to  be  a  public  highway  for  the  floating  and  trans- 
portation of  logs,  timber,  and  lumber,  and  the 
same  shall  thereupon  become  and  be  a  public 
highways  for  such  purpose,  subject  only  to  the 
reservations  hereinafter  contained;  and  the  board 
may  also,  at  the  same  time  or  at  any  time  thereaf- 
ter, direct  the  widening,  deepening,  straightening, 
removing  obstructions  from,  building  of  dams 
and  booms  in,  and  otherwise  improving  such 
streams  as  may  be  necessary  to  render  the  same 
tit  and  suitable  for  the  purpose  intended,  and  en- 
ter into  contracts  for  the  performance  of  such 
work  according  to  law. 

Purchase  or  condemnation  of  lands  by  boards  of 
supervisors. 
Sec.  2.  In  case  any  owner  of  land  adjacent  to 
or  across  which  such  stream  flows  does  not  con- 
sent to  the  use  of  the  stream  for  such  purpose, 
and  the  making  of  the  improvements  directed, 
with  the  right  to  pass  along  the  banks  of  the 
stream  for  the  purpose  of  doing  the  work,  and 
keeping  the  same  in  repair,  and  properly  superin- 
tending and  managing  the  use  of  such  highway 
for  the  purpose  intended,  and  the  taking,  at  a  fair 
rate  of  compensation,  of  such  timber  and  other 
materials  along  the  bed  and  banks  of  the  stream 
as  may  be  necessary  for  the  construction  and  re- 
pair of  the  improvements,  and  grant  the  same  to 
the  county  by  suitable  instrument  in  writing,  on 
application,  the  board  of  supervisors  may  con- 
tract for  and  purchase  any  or  all  of  such' rights: 
or  if  the  same  cannot  be  purchased  at  a  satisfac- 
tory price,  may  authorize  proceedings  to  be  com- 
menced in  the  name  of  the  county  to  condemn 
and  procure  the  same  in  the  manner  directed  by 
title  seven,  part  three,  of  the  Code  of  Civil  Pro- 
cedure. 

Right  of  supervisors  to  contract    to     lease     such 
highway. 
Sec.  3.    Instead  of  itself  securing  the     various 
rights  and  making  the  improvements  necessary, 


1276  Waters. 

the  board  may  enter  into  a  contract  with  any  cor- 
poration, association,  or  individual,  leasing  the 
use  of  such  highway,  with  the  right  to  collect 
tolls  for  the  rafting,  floating,  and  booming  of  logs, 
timber,  and  lumber  thereon,  at  rates  of  toll  for 
transporting  and  for  booming  to  be  fixed  by  the 
board  for  a  period  of  years  from  the  com- 
pletion of  the  work  to  be  fixed  by  the 
board,  in  consideration  of  an  agreement  in  such 
contract  to  be  contained  that  the  lessee  will  se- 
cure the  right  of  way,  and  other  necessary  rights, 
from  land  owners,  and  make  all  improvements 
necessary  for  the  successful  carrying  on  of  the 
business  and  use  of  the  stream  for  the  purpose 
intended,  without  any  expense  to  the  county,  and 
keep  the  same  in  good  repair  during  the  period  of 
such  lease. 
Bonds  of  lessee. 

Sec.  4.  Within  twenty  days  from  the  making 
of  sucli  contract,  and  before  the  same  shall  go 
into  effect,  the  lessee  shall  enter  into  a  bond  in 
such  sum  as  may  be  fixed  by  the  board,  and  with 
sureties  approved  by  the  board,  conditioned  for 
the  faithful  performance  of  the  covenants  and 
agreements  on  the  part  of  the  lessee  in  such  con- 
tract contained. 

Power  of  lessee  to  condemn  and  secure  right  of 
way. 

Sec.  5.  Such  lessee  shall  have  power  to  proceed 
in  the  name  of  the  county  to  condemn  and  secure 
the  right  of  way,  and  other  rights  and  privileges 
referred  to  in  section  two  of  this  act,  in  the  man- 
ner directed  by  the  provisions  of  title  seven,  part 
three,  of  the  Code  of  Civil  Procedure. 
Privileges  of  lessee. 

Sec.  6.  Such  lessee  during  the  term  of  such 
lease  shall  receive  and  float,  or  allow  to  be 
floated,  in  such  stream,  all  floatable  logs,  timber, 
and  lumber  tliat  may  be  offered  for  transportation 
therein  by  any  person;  provided  the  same  be 
plainly  marked  with  a  distinctive  mark,  and  shall 
have  the  rigiit  to  charge  and  collect  for  its  own 
use  tolls  therefor,  and  for  booming  the  same,  at 
rates  fixed  by  the  board  of  supervisors  and  in- 
serted in  the  lease,  and  shall  have  a  lien  thereon 


Waters.  1277 

for  such  tolls,  which  may  be  enforced  in  the  man- 
ner provided  in  section  three  thousand  and  fifty- 
two  of  the  Code  of  Civil  Procedure. 
Duty  of  lessee  on  expiration  of  lease. 

Sec.  7.    Upon  expiration     of     the     lease,     such 
lessee  shall  turn  the  property,  with  all  improve- 
ments, over  to  the  county  in  good  repair. 
Construction  of  act. 

Sec.  8.  This  act  shall  not  be  construed  as  re- 
pealing any  existing  law  of  this  state  upon  the 
subject  to  which  it  relates,  not  inconsistent  with 
its  provisions. 

Sec.  9.  This  act  shall  talie  effect  from  and  af- 
ter its  passage. 

An  act  to  provide  for  the  appointment  of  an  ex- 
amining commission  on  rivers  and  harbors,  de- 
fining their  duties  and  powers,  and  prescrib- 
ing their  compensation. 

[Approved  March  19,  1889;  Stats.  1889,  p.  420.] 
Appointment  of  engineers. 

Section  1.  The  governor  of  the  state,  within 
thirty  days  after  the  passage  of  this  act,  shall  ap- 
point three  competent  engineers  in  good  standing 
in  their  profession,  to  be  known  and  called  the 
examining  commission  on  rivers  and  harbors. 
The  persons  so  appointed  shall  hold  office  until 
the  first  day  of  .January,  eighteen  hundred  and 
ninety-one.  In  case  any  vacancy  may  arise  in 
such  commission  from  any  cause,  the  governor 
shall  immediately  fill  such  vacancy  by  appoint- 
ment. 
Oath  of  office. 

Sec.  2.  Each  of  said  commissioners  shall,  be- 
fore entering  upon  the  discharge  of  his  duties, 
take  and  subscribe  an  oath  of  office.  The  said 
commission  shall  organize  by  electing  a  president 
and  secretary. 
Duty  of  commission. 

Sec.  3.  The  said  commission  shall  make  a 
full  and  careful  examination  into  the  condition 
of  the  Sacramento  and  San  Joaquin  rivers,  and 
such  other  rivers  and  streams  as  they  may  select 
for  that  purpose.     They     shall     determine     what 


1278  Waters. 

steps  are  necessary  for  the  rectification  and  im- 
provement of  such  rivers  and  streams,  and  shall 
make,  or  cause  to  be  made,  all  such  necessary 
and  proper  surveys,  examinations,  maps,  designs, 
drawings,  estimates,  specifications,  and  exhibits 
as  will  enable  the  congress  of  the  United  States 
to  clearly  understand  the  condition  of  such  rivers, 
and  the  cost  and  expense  of  properly  rectifying 
and  improving  the  same.  The  said  commission 
shall,  whenever  requested  by  the  governor,  also 
make  an  examination  for  a  similar  purpose  into 
such  harbors  as  they  may  be  so  required  to  ex- 
amine. Said  commission  shall  have  power  to  em- 
ploy such  persons  at  such  compensation  as  they 
may  deem  proper,  as  surveyors  or  assistants  in 
any  of  the  work  herein  above  specified. 
Report  of. 

Sec.  4.  The  said  commission  shall  make  a  full 
report  on  or  before  the  first  day  of  October, 
eighteen  hundred  and  ninety,  to  the  governor,  on 
the  matters  herein  specified,  which  said  report 
shall  be  in  such  form  and  contain  such  calcula- 
tions, specifications,  and  estimates  as  that  it  may 
be  to  congress  as  the  basis  of  an  appropriation  by 
congress  for  the  improvement  of  the  Sacramento 
and  San  .Toaquin  rivers,  and  other  navigable 
streams  of  the  state,  and  of  such  bays  and  har- 
bors as  may  have  been  examined  by  said  com- 
mission as  herein  provided.  The  superintendent 
of  state  printing  shall  print  and  publish  as  many 
copies  of  said  report  and  exhibits  as  may  be  or- 
dered by  the  governor. 
Salaries. 

Sec.  .5.  Each  member  of  the  said  commission 
shall  receive  a  salary  of  two  thousand  four  hun- 
dred dollars  per  annum,  payable  monthly,  and  his 
traveling  expenses  while  engaged  in  the  perform- 
ance of  official  duties.  Said  salary  and  expenses 
to  be  paid  out  of  any  money  in  the  state  treasury 
not  otherwise  appro])rin  terl. 

Sec.  6.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


Weights  aud  Measures— Wild  Animals.    1279 

TITLE  306. 
WEIGHTS  AND  MEASURES. 

Au  act  to  establish  a  standard  of  weights  and 
measures. 
[Approved  April  6,  1891;  Stats.  1891,  p.  487.] 
Consult  statutes  of  1891  for  the  act. 


TITLE  307. 
WHARFINGERS. 

Act  relating  to:  See  Civil  Code,  Appendix,  title, 
Warehouses  and  W^harfingers,  p,  839. 


TITLE  308. 
W^HARVES. 

The  Political  Code,  sees.  2906  et  seq.,  2520  et 
seq.,  and  2567  et  seq.,  seems  to  have  superseded 
the  old  legislation  on  the  subject  of  wharves.  See, 
however,  a  special  act  in  relation  to  a  portion 
of  Contra  Costa  county.  It  is  entitled  "An  act 
concerning  public  wharves,"  approved  March  28, 
1872;  1871-2,  657.  This  act  authorizes  the  owners 
or  occupants  of  lands  on  the  San  Joaquin  river, 
between  its  junction  with  the  Sacramento  and  the 
eastern  boundary  of  the  county,  to  erect  and  main- 
tain free  wharves. 


WILD  ANIMALS. 

See  Game. 


1280  Woman's  Relief  Corps. 

TITLE  309. 
WILMINGTON. 

An  act  to  repeal  an  act  entitled  "An  act  to  incor- 
porate the  town  of  Wilmington,  in  the  county 
of  Los  Angeles,  in  the  state  of  California,"  ap- 
proved February  20,  1872. 

[Approved  March  12,  1887;  1887,  108.] 
The  purport  of  the  act  appears  from  the  title. 
It  took  effect  from  its  passage. 

An  act  to  repeal  an  act  entitled  "An  act  to  amend 
an  act  entitled  'An  act  to  incorporate  the  town 
of  Wilmington,  in  the  county  of  Los  Angeles, 
in  the  state  of  California,'  approved  February 
twentieth,  eighteen  hundred  and  seventy- 
two,"  approved  March  21,  1872. 

[Approved  March  12,  1887;  1887,  109.] 

The  purport  of  the  act  appears  from  the  title. 
It  tooli  effect  from  its  passage. 


TITLE  310. 
WOMAN'S  RELIEF  CORPS. 

An  act  to  assist  the  Woman's  Relief  Corps  Home 
Association  to  provide  for  ex-army  nurses,  and 
the  worthy  destitute  widows,  wives,  mothers, 
and  destitute  maiden  daughters  or  sisters  of 
veterans  who  served  honorably  in  the  war 
for  the  Union,  and  mailing  an  appropriation 
therefor. 

[Stat,  approved  April  1,  1897;  Stats.  1897;  chap, 
cclxxiv.] 

Consult  statutes  of  1897  for  the  act. 


World's  Exhibition.  1281 


An  act  to  provide  for  the  deficiency  in  the  appro- 
priation for  support  and  maintenance  of  the 
widows  and  orphans  of  Union  soldiers,  sailors, 
and  marines,  and  for  ex-Union  army  nurses 
residing  at  Evergreen,  in  the  county  of  Santa 
Clara,  at  the  home  in  said  county,  and  under 
the  auspices  of  the  Woman's  Relief  Corps 
Home  Association,  for  the  forty-eighth  fiscal 
year. 

[Stat,  approved  April  1,  1897;  Stats.  1897,  chap, 
cclxxiii.] 
The  act  appropriated  $3,000  for  the  purpose  in- 
dicated. 


TITLE  311. 
WORLD'S  EXHIBITION. 

An  act  to  enable  the  state  of  California  to  make  a 
proper  exhibition  of  her  material  resources  at 
the  world's  exposition  at  New  Orleans. 
[Approved  February  10,  1885;  1885,  2.] 
The  act  appropriated  $10,000  for  the  purpose  in- 
dicated. 

An  act  appropriating  money  to  pay  the  expenses 
of  maintaining  an  exhibit  of  the  products  of 
the  state  of  California  at  the  world's  Colum- 
bian exposition,  to  be  held  in  Chicago  in  eight- 
een hundred  and  ninety-three,  and  to  provide 
for  the  commissioners  thereof. 
[Approved  March  6,  1891;  Stats.  1891.  p.  24.1 

An  act  to  provide  for  the  preparation,  printing, 
and  distribution  of  a  volume  expository  of  the 
resources  of  California,  at  the  world's  Colum- 
bian exposition  at  Chicago,  and  appropriating 
money  therefor. 

[Approved  March  11,  1893;  Stats.  1893,  p.  149.] 


1282  Yolo  County— Yuba  County. 


An  act  appropriating  money  to  pay  the  expense  of 
transporting,  insuring,  and  installing  of  a  Cal- 
ifornia's exhibit  in  the  woman's  building  of 
the  world's  Columbian  exposition. 

[Approved  March  11,  1893;  Stats.   1893,  p.  149.] 


TITLE  312. 
YOLO  COUNTY. 

References  to  special  acts  relating  to  Yolo  coun- 
ty are  contained  in  Deering's  Annotated  Penal 
Code,  pp.  754  and  755. 


TITLE  313. 
YOSEMITE  VALLEY. 

An  act  to  appropriate  money  for  the  survey,  loca- 
tion, and  construction  of  a  free  wagon  road 
from  the  town  of  Mariposa  in  Mariposa  county, 
to  the  Yosemite  valley. 
[Approved  March  26,  1895;  Stats.  1895,  p.  87.] 

Fifty  thousand  dollars  was  appropriated  for  the 
purpose  indicated. 

For  other  acts  relating  to  Yosemite  Valley  con- 
sult Deering's  Annotated  Political  Code  under  sec- 
tion 3586  and  Deering's  Annotated  Penal  Code,  p. 
755. 


TITLE  314. 
YUBA  COUNTY. 

A  reference  to  acts  relating  to  Yuba  County  is 
contained  in  Deering's  Annotated  Penal  Code,  pp. 
756,  757. 


INDEX. 


IXDEX, 


ABANDONMENT— appropriation  for    support    of 

oi'plian  or  abandoned  child,  p.  944. 
ABSENTEES— trustees  for  estate  of  missing  per- 
sons, p.  597. 
ACKNOWLEDGMENTS— reference  to  acts  relat- 
ing to,  p.  1. 
ADOPTION— managers  of  asylum  may  consent  to 

adoption  of  child,  p.  944. 
ADULT     BLIND.    See    Blind;    Home    of    Adult 

Blind. 
ADULTERATION— reference  to    acts  relating  to, 

p.  1. 
ADULTERY— reference  to  acts  relating  to,  p.  1. 
AGED  PERSONS— acts    relating    to    support    of 
aged  persons  in  indigent  circumstances,  pp. 
2,  385. 
AGRICULTURE.    See  Horticulture;  Silk  Culture; 
Viticulture, 
reference  to  acts  relating  to    agi*iculture    and 

state  agricultural  societies,  p.  2. 
agricultural  districts,  acts  relating  to,  pp.  6  et 

seq. 
agricultural  societies,  acts  relating  to,  p.  6. 
boards  of,  acts  relating  to,  pp.  6   et  seq. 
district  agricultural  society,  p.  6. 
state    agricultural    societies,    act   relating    to 

sale  of  property  by,  p.  3. 
state  agricultural  society,  acts  relating  to,  pp. 
3   et  seq. 
ALAMEDA  COUNTY— references  to  special  and 
local  acts,  p.  14. 
exemption  of  firemen  from  poll  tax,  p.  1217. 
act  to  prevent  propagation  of  thistle  in,  p.  1219. 
Gen.  LaAYS— 108. 


128G  Index. 

ALMS  HOUSES.    See  Paupers. 
ALIENS— naturalization,  no  fees  to  be  charged,  p. 
250,  §  227. 

act  forbiddinig  appointm'ents  of  aliens  to  of- 
fice, p.  14. 

act   forbidding   issuance   of   license  to   aliens 
not  eligible  to  citizenship,  p.  15. 

indexing  names  of  persons  making  declarations 
of  intention,  p.  15. 
ALLEYS— act  providing  for  work  on,  p.  1114. 
ALPINE  COUNTY— references  to  special  and  lo- 
cal acts,  p.  15. 

references  to  special  and  local  acts  relating  to, 
p.  16. 
AMADOR  COUNTY— act  to  prevent  trespassing  of 

goats  in,  p.  353. 
AMENDMENTS.    See  Codes;  Constitution. 
ANIMALS.    See   Estrays;  Game   Laws;  Gophers; 
Oysters;  Sheep;  Squirrels;  Stallions;  Veterin- 
ary Surgery. 

trespassing,   reference  tO'  acts  relating  to,   p. 
1259. 

assessment  of,  p.  1210  et  seq. 

impounding  of  in  cities  of  second  class,  p.  747. 

cruelty  to,  p.  254. 

disposition  of  hides  of  slaughtered  cattle,  p.  16. 

dogs  killing  sheep  or  goats,  p.  261. 

estrays,  act  relating  to,  p.  315. 

reference  to  acts  relating  to  estrays,  p.  317. 

estrays,  money  from  sale  of,  p,  316,  §  5. 

goats,  act  to  prevent  running  at  large,  p.  353. 

hides  of,  p.  355. 

homing  pigeons,  act  for  protection  of,  p.  372. 

judges  of  the  plains,  p.  549. 

marks  and  brands,  p.  567. 

reference  to  acts  relating  to,  p.  17. 

quarantine  against  animals  from  infected  dis- 
tricts, p.  1019. 

rodeo  of,  p.  1031. 

wild,  bounty  for  destruction,  p.  16. 

protection  of  domestic,  from  disease,  pp.  16,  44. 

state  veterinarian,  creation  of,  p.  16. 


Index.  1287 

ANIMALS— Continued. 

wild,  encouraging  destruction  of,  p.  16. 
ANTWERP  MESSENGERS— act  for  protection  of, 

p.  372. 
APIARIES.    See  Bee  Culture. 
APOTHECARIES.    See  Pharmacy. 
APPEALS— reference  to  acts  relating  to,  p.  17. 
APPRENTICES— reference  to  act  relating  to,  p. 

18. 
ARBITRATION.    See  Master  and  Servant. 
ARMY  AND  NAVY.    See  California  Volunteers; 
Woman's  Relief  Corporation, 
training  ship  in  San  Francisco,  p.  1258. 
ART  GALLERIES— endowments  for,  pp.  304,  308. 
ARTESIAN  WELLS.    See  Waters, 
regulating  use  of,  p.  20. 

preventing  waste  of  subterranean  waters,  p.  20. 
ARTS— acts  to  disseminate  knowledge  and  estab- 
lish galleries,  pp.  304,  308. 
ASYLUMS.    See  Orphans. 

state  hospital  and  asylum  for  miners,  p.  583. 
ASSESSOR— election  and  duties  of,  p.  677,  §  129. 
ATTORNEY-GENERAL— reference  to  acts  relat- 
ing to,  p.  22. 
ATTORNEYS— certain  officers  not  to  practice  law, 
p.  Ill,  §  65. 
qualifications    to  practice    before    justices,  p. 
724,  §  227. 
AUBURN— abandonment  of  cemetery  and  estab- 
lishment of  park,  p.  951. 
AUDITORS— what  demands  to  be  allowed,  p.  663, 
§  93. 
auditing  of  claims,  p.  663  et  seq. 
demands  of,  how  allowed,  p.  664,  §  94. 
rejection  of  claim,  remedy  for,  p.  667,  §  99. 
county,  general  powers  and  duties  of,  pp.  121- 

123. 
duties  of  generally,  p.  673,  §  121. 
compensation  of,  p.  142  et  seq. 
to  prepare  estimates  of  expenses,  p.  102,  §  36. 
statement  by,  p.  107,  §  50. 
reference  to  acts  relating  to,  p.  22. 


1288  Index. 

BANKS— commissioners,  act  creating,  p.  23  et  seq. 
commissioners,   duties,   powers  and  riglits  of, 

p.  23  et  seq. 
reference  to  acts  relating  to,  p.  36. 
BEE  CULTURE— inspectors  of  apiaries,  p.  36. 
BENEFIT  SOCIETIES,  reference  to  acts  relating 

to,  p.  72. 
BLIND.     See  Home  of  Adult  Blind. 

adult  blind  fund,  appropriation  of,  p.  370. 

board  of  directors,  p.  370. 

adult,  home  for,  officers  and  compensation,  p. 

370. 
adult,   appropriation   for  Industrial   Home  of 

Mechanical  ti-ades  for,  p.  370. 
appropriation  for  support,  p.  371 
appropriation  to    erect    brick    building    to  be 

used  as  dormitory,  p.  371. 
industi'ial  home,  appropriation  for  purchasing 

property,  p.  370. 
industrial  home  mechanical  trades,   for  man- 
agement of,  p.  370. 
regulating  medical  practice  so  as  to  prevent 
blindness,  p.  576. 
BIG  TREE    GROVES— reference  to  acts    relating 

to.  p.  506. 
BLUE  BOOK— state,  publication  of,  p.  37. 
BOARD  OF  EXAMINERS— reference  to  acts  re- 
lating to,  p.  37. 
BOARD  OF  FREEHOLDERS— election  of,  p.  37. 
BOARDS.     See  Board  of  Freeholders. 
BONDS.    See  Public  Debt. 

loan  commissioners,  powers  of,  p.  967. 
reference  to  acts  relating  to,  p.  37. 
municipal  destruction  of  unsold,  p.  39. 
state,  p.  966. 
funding  indebtedness  of    counties    in    certain 

cases,  p.  38. 
county  indebtedness,  power  to  refund,  p.  90,  § 

25,  subd.  13. 
county,  form  of,  p.  92,  §  25,  subd.  13. 
official,   supervisors  to  lix  amount  of.   p.   Ill, 
§  66. 


Index.  1289 

BONDS— Continued. 

official,  covers  wliat  acts  of  officer,  p.  Ill,   § 

62. 
city  officer  cannot  act  as  surety,  p.  744,  §  304. 
municipal  officers,  bonds  of,  p.  614,  §  24, 
officers  in  cities  of  second  class,  bonds  of,  p. 

743,  §  302. 
of  officers  in  cities  of  first  class,  p.  780,  §  504. 
officers  in  cities  of  fourth  class,  bonds  of,  p. 

807,   §   607. 
officers  in  cities  of  third  class,  p.  780,  §  504. 
official,  officers  of  cities  of  fifth  class,  p.  846, 

§  753. 
officers  in  cities  of  sixth  class,  bonds  of,  p,  877, 

§  853. 
bail,  forfeiture  of,  p.  729,  §  240. 
BOOKS— officers,  books  of,  right  of  inspection,  p, 

665,  §  95. 
BOUNDARY— state,  eastern  boundary  of,  con-ec- 

tion  and  establishment  of,  p.  40. 
BOUNTIES- for    desti'uction  of  wild    animals,  p. 
16. 
ramie  fiber,  bounty  for,  p.  1024. 
BRANDS     AND     MARKS— Siskiyou,   marks  and 

brands  in,  p.  567. 
BRIDGES— Feather  river,  bridge  across  a  public 
bridge,  p.  321. 
acts      covering      bridges      across      navigable 

streams,  pp.  40,  42. 
across  estuaries,  ponds,   swamps,  or  arms  of 

bays,  p.  42. 
tolls,  rates  of,  p.  43,  §  7. 
BUGS — predaceous  insects  and'  parasites,  import- 
ation of,  p.  954. 
BUILDING  AND  LOAN  ASSOCIATIONS-refer- 

ence  to  acts  relating  to,  p.  44. 
BUILDINGS— regulation  of  plumbing  and  drain- 
age, pp.  978,  979. 
BUOYS  AND  BEACONS— reference  to  acts  relat- 
ing to,  p.  44, 
BURIAL— act  to  prevent     exhumation     and     re- 
moval of  bodies,  p.  46  et  seq. 
See  Cemeteries. 


1290  Index. 

BUTTE  COUNTY— reference  to  special  and  local 
acts,  p.  44. 
boundary  between  and  Yuba,  p.  75. 
BUTTER— ^-eference  to  acts  relating  to,  p.  44. 
BICYCLES— franchise  for  road  for  use  of,  p.  367. 
CALAVERAS  COUNTY— tax  on  migratory  herds, 
p.  1215. 
reference  to  special  and  local  acts,  p.  45. 
CALIFORNIA- index  to  statutes  of  state,  p.  45. 
publication  of  volume  showing  resources  of,  p. 
1281. 
CALIFORNIA  HOME  FOR  FEEBLE   MINDED 
CHILDREN.     See  Feeble  Minded   Children. 
CALIFORNIA   VOLUNTEERS— revision  of    rec- 
ords of,  p.  45. 
CARRIER  PIGEONS— act    for  protection    of,  p. 

372. 
CATTLE.     See  Animals, 
hides  of,  p.  16. 
judges  of  the  plains,  p.  549. 
rodeo  of,  p.  1031. 
CEMETERIES— duty  of  superintendent  of,  p.  711, 
§  186. 
acts  to  prevent  exhumation  and   removal  of 

bodies,  p.  46  et  seq. 
bodies    not    to    be    buried    without  permit,  p. 

710,  §  185. 
removal  of  remains  from,  regulation  of,  p.  46. 
permits  to   remove  body,   p.  46. 
disinterring  bodies  without  permit,  pp.  46,  711, 

712,  713. 
disinterment   without  permit  a   misdemeanor, 

pp.  47,  48,  §§  3,  4. 
transportation  of  dead  bodies,  p.   713. 
reference  to  acts  relating  to,  p.  46. 
CENSUS— authorizing  taking  of,  p.  49. 

when  ordered  to  be  taken,  p.  89,   §  25,  subd. 
12V'. 
CENTRAL  AMERICAN   EXHIBITION— commis- 
sioner to  represent  state  at,  p.  50. 
CHAMBERS  OF  COMMERCE— reference  to  acts 
relating  to,  p.  50. 


Index.  1291 

CHEESE— branding  of,  p.  50. 
different  grades  of,  p.  50. 
deception  in  manufacture  and  sale  of,  p.  52. 
CHICO— amendment  of  act  incorporating,  p.  44. 

acts  relating  to,  reference  to,  p.  52. 
CHILDREN.     See  Infancy. 

feeble-minded.     See  Feeble  Minded   Children. 
CHINESE— prohibiting  coming  of  Chinese,  p.  52. 
reference  to  acts  relating  to,  p.  52. 
registration  and  certificates  of  residence,  p.  52. 
act  to  promote  emigration,  p.  314. 
CITY  AND  COUNTY  ATTORNEYS— reference  to 
acts  relating  to,  p.  62, 
duties  of,  generally,  p.  678,  §  133. 
CITIZENS— protection  in  civil  and  legal  rights,  p. 

62. 
CITY  ATTORNEYS— duties'  of,  generally,  p.  678, 
§  133. 
in  cities  of  fourth  class,  p.  836,  §  695. 
in  cities  of  fifth  class,  p.  865,  §  789. 
of  cities  of  sixth  class,  p.  892,  §  879. 
CITY  CLERK— in  cities  of  fifth  class,  duties  of,  p. 
863,  §  788. 
in  cities  of  sixth  class,  p.  890,  §  878. 
CITY  ENGINEER— in  cities   of    second    class,    p. 

766,  §  377. 
CIVIL  RIGHTS— protectioin  of  citizens  in,  p.  62. 
CODES -acts   in   relation  to  preparation  of,   ref- 
erence to,  p.  63. 
acts  relating  to  taking  effect  of,  reference  to, 

p.  63. 
commission  to  revise  codes,  act  creating,  p.  63. 
COLLEGES.     See  Education. 

congressional  grant  to,  assent  to,  p.  68. 
Los  Nitos  college  institute,  p.  68. 
reference  to  acts  relating  to,  p.  67. 
trusts  for  benefit  of,  pp.  304,  308. 
endowment  and    encouragement    of,   pp.   304, 

308. 
California  exhibit  in  woman's  building,  p.  1282. 
COLUMBIAN  EXPOSITION— exhibit  at,  p.  1281. 
publication     of     volume  showing  resources  of 
California,  p.  1281. 


1292  Index. 

COLUSA  COUNTY— reference  to  special  and  local 
acts  relating  to,  p.  68. 
boundary    between   and    Glenn,   p.   76. 
COMMON  CARPvIER— refusal  to  sell  emigrant  a 

ticket  unlawful,  when,  p.  314. 
CONGKESSIONAL      DISTRICTS— refei'ence      to 

acts  relating  to,  p.  69. 
CONSTABLES— powers,   duties  and  liabilities,  p. 
134,  §  154. 
must  attend  on  and  serve  process  for  justices, 

p.  134,  §  153. 
not  to  practice  law,  p.  Ill,  §  65. 
compensation  of,  p.  147,  et  seq. 
fees  of,  p.  328. 
fees  in  criminal  eases  are  a  county  charge,  p. 

251,  §  228. 
reference  to  acts  relating  to,  p.  69. 
CONSTITUTION— new,  convention  to  frame,  p.  69. 
submission  and  publishing  of  amendments,  p. 
69. 
CONTAGIOUS     DISEASES— preventing,     among 

sheep,  p.  69. 
CONTEMPT— police  judges  may  punish  for,  p  728, 

§  237. 
CONTRA  COSTA  COUNTY— reference  to  special 
and  local  acts  relating  to,  p.  70. 
wharves  in,  p.  1279. 
CONTRACTS— lighting     of     streets     and     public 

buildings,  how  contract  let,  p.  70. 
CONTROLLERS— reference  to  acts  relating  to,  p. 
72. 
additional  clerk  for,  p.  72. 
CONVICTS— reference  to  acts  relating  to,  p.  72. 
CO-OPERATIVE   ASSOCIATIONS-reference    to 

acts  relating  to,  p.  72. 
CORONERS— reference  to  acts  relating  to,  p.  73. 
duties  of,  p.  679,  §  135. 

duties  and  powers  of,  p.  144,  §  159,  subd.  9. 
compensation  of,  p.  144  et  seq. 
justice  when  to  act  as,  p.  133,  §  146. 
county,  general  powers,  duties  and  rights,  pp. 
132,  133. 


Index.  1293 

CORONERS— Continued. 

to  execute  process  when  sheriff  a  party,  p.  119, 

§  104. 
fees  of,  p.  332. 
accounts  of  when  a  county   charge,   p.   251, 

§  228. 
CORPORATIONS— reference  to  acts    relating    to, 

p.  73. 
COSTS— reference  to  acts  relating  to,  p.  74. 
COUNTIES.    See  Donations. 

particular  counties.     See  Particular  County. 

donations  to,  power  to  receive,  p.  263. 

act  authorizing  receipt  of  gift  by,  p.  263. 

power  of  to  take  census,  p.  49. 

are  bodies  politic  and  coi-porate,  p.  78,  §  1. 

powers    to    be    exercised    by    superyisors    or 

agents,  p.  78,  §  2. 
no  fees  on  swearing  to  claims  against,  p.  333. 
division  of  county,  effect  on  salaries,  p.   252, 

§  231. 
reduction  of  population,  change  of  class  of,  p. 

252,  §  231. 
created  after  county  government  act,  how  af- 
fected, p.  252,  §  231. 
charges  against  what  are,  p.  251,  §  228. 
classification  of,  pp.  135-139. 
warrants,  order  of  payment,  p.  106.  §  44. 
warrants  for  expenses,    how    drawn,    p.    106, 

§  44. 
demands,  action  on  rejected,  p.  106,  §  43. 
demand,  failure  to    act    on  for  thirty  davs,  p. 

105,  §  43. 
demands,  against  allowance  in    part,    p.    105, 

§  42. 
demands  against,  rejection  of,  p.  105,  §  42. 
demands  against,  to  be  approved  by  officers, 

p.  104,  §  41. 
demands  against,  form  of,  p.  104,  §  41. 
demands  against,  time  of  making  out,  p.  104, 

§  41. 
claims  against,  to  be  itemized,  p.  103,  §  40. 
claims  against,  anyone  may  resist,  p.  103,  §  39. 


1294  Index. 

COUNTIES— CTontinued. 

officers  not  to  make   claims  against,   p.   103, 
§  39. 

officers  of,  who  are,  p.  108,  §  55. 

division  into  townships,  p.  109,  §  56. 

not  to  loan  credit,  p.  78,  §  5. 

powers  of,  generally,  p.  78,  §  4. 

names  of,  p.  78,  §  3. 

names  of  in  suits,  p.  78,  §  3. 

officers  authorizing  claims  against,  law,  liable, 
p.  79.  §  7. 

population  of,  p.  80,  §  10. 

county  suits,  removal  of,  p.  81,  §§  11,  12. 

county  seats,  what  are,  p.  81,  §  11. 

contracts  and  obligations  in  violation  of,  act 
void,  p.  78,  §  6. 

officers   charged   with   notice   of   condStion  of 
treasury,  p.  78,   §  6. 

authorized  to  receive  gifts,  p.  263. 

new,  transfer  of  funds  on  formation  of,  p.  74. 

boundaries  between  various  counties,  acts  re- 
lating to,  pp.  75,  76. 

funding   indebtedness   of   in   certain   counties, 
p.  38. 

inventory  of  property  of,  p.  435. 

funding  debts  and  issuing  bonds,  p.  967 

refunding  funded  debt,  p.  969. 

issuance  of  bonds,    submission   to   people,   pp. 
972,  973. 

creatioin  of  bonded    indebtedness    for    certain 
purposes,  p.  973. 
COUNTY  BOUNDARIES— reference  to  acts  relat- 
ing to,  p.  75. 

boundary  Fresno  and  Tulare,  p.  76. 
COUNTY  CLERKS-^eference  to  acts  relating  to, 
p.  76. 

duties  of,  generally,  p.  675,  §  124. 

general  powers  and  duties  of,  pp.  120-121. 

fee   for   law   library,    duty   to   collect,    p.   67P, 
§  127. 

as  witness  outside  of  county,  p.  676,  §  126, 

original  papers  not  to  be  produced  in  court  ex- 
cept on  subpoena,  p.  675,  §  125. 


Index.  1295 

COUNTY  CLERKS -Continued, 
fees  of,  p.  324. 

compensation  of,  p.  140  et  seq. 
not  to  practice  law,  p.  Ill,  §  65. 
ex-officio  clerk  of  supervisors,  p.  84,  §  19. 
to  keep  and  report  record  of  police  court  pro- 
ceedin£:s  and  fines,  p.  728,  §  238. 
COUNTY  SEALERS.    See  Sealers. 
COUNTY  SURVEYORS— fees  of,  p.  332. 
COURTS— reference  to  acts  relating  to,  p.  253. 

act  providing  for  work  on,  p.  1114. 
COYOTE  SCALPS— act  relating  to,  p.  253. 

repeal  of  act  relating  to,  p.  254. 
CRIMINAL     LAW— removal  of  causes.    See  Ve- 

nue. 
DAIRIES— inspection  of,  p.  44. 
DEAF,    DUMB   AND   BLIND— reference   to   acts 
relating  to,  p.  255. 
appropriation  for  buildings  for,  p.  255. 
certain  powers    conferred    upon    directors,  p. 

256. 
appropriation  for  improvements,  p.  255. 
DEATH— transportation  of  dead  bodies,  p.  713. 
death  certificate,  p.  710,  §  185. 
burial  of  dead  bodies,  p.  710,  §  185. 
record  of  births,  deaths  and  interments,  p.  710, 
§§  183,  184. 
DEBRIS     COMMISSIONERS— appointment,     du- 
ties and  compensation,  p.  587. 
DEBT.    See  Public  Debt. 

state,  funding  acts,  p.  966. 
DEEDS— ^reference  to  acts  relating  to,  p.  256. 
DEL  NORTE  COUNTY-  act  to  prevent  propaga- 
tion of  thistle  in,  p.  1219. 
reference  to  special  and  local  acts  relating  to, 
p.  256. 
DENTISTRY— Better  education    of    practitioners, 
p.  256. 
misdemeanor,  violation  of  provisions  of  stat- 
ute relating  to,  p.  258,  §  6. 
practice  of,  regulation  of,  p.  256. 
DISQUALIFICATION— what    Interest    is    not,  p. 
839,  §  701. 


1296  Index. 

DISTRICT  ATTORNEYS— reference  to  acts  relat- 
ing to,  p.  260. 

duties  of,  generally,  p.  129,  §  132. 

what  expenses  a  charge  against  a  county,  p. 
251,  §  228. 

compensation  of,  p.  143  et  seq. 

general    powers,  dutfes    and    rights,  p.  129,  §§ 
132-134. 

duty  to  bring  action  to  recover    money     paid 
without  autliority,  p.  79,  §  8. 

duty  to  restrain  payment  of  money,  p.  79,  §  8. 

duty  to  take  dying  statements,  p.  729,  §  242. 
DITCHES.    See  Watercourses. 

joint  liability  of  owners  for  repairs,  p.  260. 

too  great  appropriation  by  joint  owner  a  misde- 
meanor, p.  260. 

act  for  protection  of     owners  of     ditches  and 
flumes,  p.  260. 
DIVISION  FENCES.    See  Fences. 
DOCTORS.    See  Medicine. 
DOGS.    See  Animals. 

sheep  or  goats,  liability  of  owner  of  dog  kill- 
ing, p.  261. 
DONATIONS— to  state,  county,     city,     or     town, 
power  to  receive,  p.  263. 

management  and  disposition    of    property  do- 
nated to  city  or  county,  p.  263. 
DRAINAGE.    See  Reclamation. 

abolishment  of     state     drainage     construction 
fund,  p.  281. 

regulation  of  in  buildings,  pp.  978.  979. 

act  to  promote  rapid  drainage,  p.  263, 

appropriation  to  pay  indebtedness  incurred,  p. 
281, 

commissioners'  powers,  duties,  etc.,  p.  264  et 
seq. 

districts,  formation  of,  pp.  276,  281. 

organization  and  government  of  drainage  dis- 
tricts, p.  281. 

promotion  of,   pp.  263,  264,  276. 

Bj'stem  of  drainage     for     agricultural  swamp 
and  overflowed  lands,  p.  299. 


Index.  1297 

DRAINAGE— Continued. 

districts  for  drainage  of  agricultural  lands,  p. 

281. 
state  drainage  construction  fund  abolisb^d,  p. 
281. 
DRUGS.    See  Pharmacy. 
DRUNKARDS.    See  Inebriates. 
DYNAMITE.    See  Explosives. 
EDUCATION— dissemination     of     knowledge     of 
arts  and  sciences,  p.  304. 
endowments  of     colleges,  schools     and     semi- 
naries of  learning,  pp.  304,  308. 
founding  and  perpetuating  libraries,   galleries 
and  museums,  p.  304. 
EL  DORADO  COUNTY— reference  to  special  and 

local  acts  relating  to,  p.  313. 
ELECTIONS— reference  to  acts  relating  to,  p.  313. 
power  of  supervisors  over,  p.  86,  §  25,  subd.  3. 
supervisors   may   submit  questions  at,   p.   82, 

§  13. 
supervisors  to  provide  materials  for  election, 

p.  101,  §  34. 
certificate^^  of  election,  p.  102,  §  35. 
time  of  election  of  officers,  p.  110,  §  58. 
what  officers  elected  in  cities  of  second  class, 

p.  743,  §  301. 
time  of  in  cities  of  second  class,  p.  743,  §  301. 
in  cities  of  the  third  class,  p.  781,  §  507. 
cities  of  fourth  class,  elections  in,  p.  804,  §  602 

et  seq. 
cities  of  fifth  class,  elections  in,  pp.  845,  847, 

§§  752,  756. 
cities  of  sixtli  class,  p.  876,  §  8.52. 
in  cities  of  sixth  class,  p.  878,  §  856. 
municipal,  held  separate,  p.  37. 
ELISOR— when  to  serve  process,  p.  119.  §  105. 

process,  how  served  by,  p.  120,  §  105. 
EMIGRATION— promotion  of,  p.  314. 
ESCAI'E— liability  of  sheriff  for,  p.  118,  §§  95,  97. 
ESTATES     OF     DECEASED     PERSONS— refer- 
ence to  acts  relating  to.  p.  314. 
Gen.  Laws— 109. 


1298  Index. 

ESTRAYS.    See  Animals;  Sheep. 

references  to  acts  preventing  animals  running 

at  large,  p.  317. 
act  relating  to  estrays     and     repealing    other 

acts,  p.  315. 
EUREKA— establishment  of    police    court    in,  p. 

953. 
EXPLOSIVES— reference  to  acts    relating    to,  p. 

321. 
protection  against  careless  and  malicious  use, 

p.  317. 
sales  and  possession  of,  p.  317. 
t^ACTORIES— sanitary  condition  of,  p.  1048. 
FEATHER     RIVER— bridge     across      a     public 

bridge,  p.  321. 
FEEBLE      MINDED     CHILDREN  —  additional 

buildings  for  home,  p.  322. 
establishment  of  home  for,  p.  321. 
additional  buildings  for  home,  p.  322. 
goYernment,     management     and     support     of 

home,  p.  322. 
permanent  site  and  buildings  for  home,  p.  322. 
reference  to  acts  relating  to,  p.  321. 
sale  of  site  for  home  in  Santa  Clara,  p.  323. 
water  supply  and    seweraue  for  home,  p.  322. 
right  of  way  through  home,  grant  of  to  So- 
noma county,  p.  323. 
admission  of  epileptics,   idiots  and  paralytics 

to  home,  p.  323. 
FEES- affidavit  as  to  fees  collected,  p.  248,  §  218. 
to  be  paid  into  county  treasury,  p.  247,  §§  216, 

218.  248. 
fee  book,  duty  to  keep,  p.  247,  §  217. 
fee  book,  to  be  open  to  inspection,  p.  247,  §  217. 
statement  of  must  precede  warrant  for  salary, 

p.  249,  §  221. 
prepayment  of  necessary,  p.  249,  §  222. 
receiving  illegal  fees,  declaring  office  vacant, 

p.  250.  §  225. 
not  to  be  charged  for  what  services,  p.  250,  § 

227. 
act  establishing  fees  of  county,  township,  and 

other  officers,  p.  323. 


Index.  1299 

PEES— Continued. 

fees  of  jurors  and  witnesses,  establishment  of, 

p.  323. 
not  to  be  charged  in  what  proceedings,  p.  333. 
how  paid  in  cities  over  100,000,  p.  333. 
payment  into  treasury  in  cities  of  second  class, 

p.  743.  §  303. 
to  be  paid  into  treasury,  p.  333. 
reference  to  acts  relating  to,  p.  339. 
FELONIES— officer  examining  or  opening  bids  or 

offers,  p.  619,  §  27. 
FENCES  AND  INCLOSURES— reference  to  acts 

relating  to,  p.  339. 
FERRY  DEPOT— act  relating    to,  in    San    Fran- 
cisco, p.  339. 
FIRE  DEPARTMENT— of  what  consists,  p.  695, 

§  147. 
regulation  of,  p.  634,  subd.  29. 
reference  to  acts  relating  to,  p.  340. 
FIRE  COMMISSIONERS— Qualification,  appoint- 
ment and  term  of  office,  p.  693,  §  141. 
fire  marshal,  appointment,  rights,  powers  and 

duties,  p.  634,  subd.  29. 
fire  commissioners,  rights  powers  and  duties, 

p.  693,  §  142. 
officers  and  members  of,  p.  693  et  seq. 
paid   members   to  give  exclusive  attention  to 

duties,  p.  695,  §  145. 
appointment  of  certain  officers,  p.  695,  §  146. 
organization  of  companies,  p.  695,  §  147. 
chief  engineer,  duties  of,  p.  696,  §  148. 
clerk  of  board,  his  bond  and  duties,  p.  697,  § 

149. 
allowance  to  disabled  members,  p.  698,  §  152. 
property  of,  how  sold,  p.  697,  §  150. 
fireman's  charitable  fund,  p.  698,  §  153. 
fire  alarm  and  police  telegraph,  p.  702,  §§  162, 

163  et  seq. 
assistant  foreman  and  clerk,  p.  699,  §  154. 
fire  commissioners,  organization  and  meetings 

of  board,  p.  699,  §  155. 


1800  Index. 

FIRE  COMMISSIONERS— Continued. 

eligibility  to  positions   in,   what  requisite,   p. 

699,  §  155. 
investigation  for  violation  of  rules,  p.  699,   § 

156. 
members,  trial  of  and  how  dismissed,  p.  700, 

§  157. 
worliS'hop  at  corporation  yard,  p.  700,  §  158. 
restrictions  on  members,  p.  700,  §  159. 
salaries  of  officers  and  employees,  p.  700,  §  160 

et  seq. 
in  cities  of  fifth  class,  p.  875,  §  813. 
FIRE  PATROL— reference  to  acts  relating  to.  p. 

340. 
FIRES— reference  to  acts  relating  to,  p.  340. 
FISCAL  YEAR— change  in  in  cities  operating  un- 
der charter,  p.  340. 
FISH— reference  to  acts  relating  to.  p.  340. 
special  laws  relating  to,  p.  341. 
regulating  vocation  of  fishing  and   providing 
for  revenue,  p.  341. 
FISH  AND  GAME  WARDEN— reference  to  acts 

relating  to,  p.  341. 
FISH  COMMISSIONERS— reference  to    acts    re- 
lating to,  p.  341. 
disposal  of  the  Gov.  Stoneman,  p.  341. 
removal  of  obstructions  in  American  river,  p. 
341. 
FLOODS— Tia  Juana,  act  for  relief  of  sufferers,  p. 
1219. 
protection  of  highways  from  floods,  p.  366. 
FLUMES— joint  liability  of  owners  for  repairs,  p, 
260. 
too  great  appropriation  by  joint  owner  a  mis- 
•  demeanor,  p.  260. 
FOREIGNERS.    See  Aliens. 
FORESTRY— repeal  of  acts  relating  to,  p.  342. 

state  board,  powers  and  expenses,  p.  342. 
FRANCHISES— for  paths  for  bicycles  and  horse- 
less vehicles,  p.  367. 
for  gas  companies,  p.  351. 
FREEHOLDERS.    See  Board  of   Freeholders. 


Index.  1301 

FREE  LIBRARIES.    See  Libraries. 

FREE  PUBLIC  MARKET— establishment  of,   in 

San  Francisco,  p.  984. 
FRESHETS— Tia  Juana  flood,  act    for    relief    of 

sufferers,  p.  1219. 
FRESNO  COUNTY— hides  of  animals  in,  p.  355. 
reference  to  acts  relating  to,  p.  343. 
boundary  between  and  Mariposa,  p.  76. 
boundary  between  and  Tulare,  p.  76. 
location  of  county  seat  of,  p.  343. 
FRUIT  TREES— act  for  better  protection  of,  p. 
343. 
pests  and  diseases,  spreading  and  extirpation, 

p.  344. 
predaceous  insects,  importation  of,  p.  954. 
FUNDED   DEBT— public  debt,   reference  to  acts 

relating  to,  p.  346. 
FUNDING— funding  bonds,  p.  966  et  seq. 

funding  indebtedness,  p.  966  et  seq. 
FUNDS.    See  Treasury. 

separate  in  cities  of  second  class,  p.  754,  §  330. 
public  enumeration  and  purpose  of,  p.  661  et 
seq. 
GAME— w^ild  animals,  encouraging  destruction  of, 
p.  16. 
reference  to  acts  relating  to,  p.  346. 
GAME   LAWS— fish,   special  laws  relating  to,  p. 
341. 
reference  to  acts  relating  to,  p.  347. 
wild  animals,  bounty,  etc.,  destruction,  p.  16. 
GAS— inspector,  p.  348,  §  2  et  seq. 

price  of  in  cities  of  certain  size,  p.  347. 
quality  and  standard,  p.  347. 
GAS  COMPANIES- franchise  for,  p.  351. 
contracts  for  lighting  street,  p.  352,  §  3. 
pipes  in  cities  of  second  class,  p.  763,  §  359. 
GEOLOGICAL  SURA'EY— reference  to  acts  relat- 
ing to,  p.  352. 
GIFTS.    See  Donations. 

cities  and  counties    authorized    to    receive,  p. 

263. 
reference  to  acts  relating  to,  p.  263. 
supervisors  must  accept  donations,  p.  107,  §  51. 


1302  Index. 

GLENN  COUNTY— reference  to  acts  relating  to. 
p.  353. 
boundary  between  and  Colusa,  p.  76. 
GOATS— act  to  prevent  running  at  large,  p.  353. 
sheep  or  goats,  liability  of  owner  of  dog  kill- 
ing, p.  261. 
GOPHERS— reference  to  special  and  local  acts  re- 
lating to,  p.  1086. 
GOVERNOR— authorizing  granting  of  land  by  for 
light  houses,  p.  562. 
reference  to  acts  relating  to,  p.  354. 
GRAND  ARMY— reference  to  acts  relating  to,  p. 
354. 
unlawful  use  or  wearing  of  badge,  p.  1086. 
GRAND  JURY— duty  of  judge  to  instruct,  p.  79, 

§  9. 
GROWING  TREES.    See  Forestry;  Fruit  Trees, 
act  relating  to  shade  trees  in  street,  p.  1094. 
reference  to  acts  relating  to,  p.  354. 
GUARDIAN      AND      WARD— abandoned      child, 
guardianship  of,  p.  944. 
reference  to  acts  relating  to,  p.  354. 
HABEAS  CORPUS— no  fees  to  be  charged  on,  p. 

250,  §  227. 
HAMBURG    HORTICULTURAL    EXHIBITION 

—exhibit  at,  p.  355. 
HARBOR    COMMISSIONERS— reference  to    acts 

relating  to,  p.  355. 
HASTINGS  LAAV  SCHOOL— reference  to  acts  re- 
lating to,  p.  355. 
HEALTH.    See  Public  Health. 

board  of,  organization  and  meetings,  p.  703,  § 

166. 
board     of,     qualifications     and     appointment, 

p.  703,  §  165. 
board  of  health,  how  constituted,  p.  703,  §  165. 
restrictions  on  employees  of  board  of,  p.  706, 

§  172. 
employees  of  board  of,  how  paid,  p.  707. 
officers  and  members  of  board  of,  salaries  of, 

p.  704,  §§  108,  169. 
employees  of  board,  appointment  and  removal, 
p.  705.  §  170. 


Index.  1303 

H^EALTH— Continued. 

board  of,  jurisdiction  and  powers,  p.  703,  §  167. 

duty  of  shipmasters  to  report  to   quarantine 
officer,  p.  707,  §§  173,  174. 

suits  by  members  of,  p.  715,  §  197. 

oath,  members  and  officers  of  board  may  ad- 
minister, p.  714,  §  196. 

report  of  certain  diseases  bj  householders,  p. 
715,  §  199. 

quarantine  officer,  duty  of,  p.  709,  §  178. 

quarantine  otficer,  fees  of,  p.  709,  §  180. 

quarantine  grounds,  establishing,  p.  710,  §  182. 

pilot  of  vessel-   subject  to  quarantine,  duty  of, 
p.  707,  §  175. 

duty  of  masters  of  vessels,  p.  708,  §§  176,  177. 

master  not  to  permit  landing  without  permit, 
p.  709,  §  179. 

vaccination  compulsory,  p.  710,  §  181. 

record  of  births,  deaths  and  interments,  p.  710, 
§§  183,  184. 

bond  of  health  officer,  p.  714,  §  195. 

fees  and  fee-book,  p.  714,  §  194. 

nuisance,  how  abated,  p.  713,  §  193. 

physicians  to  report  certain  diseases,  p.   715, 
§  198. 
HIDES— of  cattle,  etc.,  p.  355. 
HIGHWAYS  — regulating     width     of     tires     of 
wagons,  p.  368. 

construction  of    state    highway    from    Sacra- 
mento to  Folsom,  p.  367. 

from  Mono  lake  basin  to  Tioga  road,  p.  300. 

protection  and  preservation  of  from  floods,  p. 
366. 

franchises  for  roads  for  bicycles  and  horseless 
wagons,  p.  367. 

purchase  of  roads  in  Yosemite  grant,  p.  369. 

right  of  way  through  home  of  feeble  minded 
children,  p.  323. 

department  of,  creation  of,  p.  360. 

department  of,  powers  and  duties  of,  p.  300. 

department  of,  officers'  powers  and  compensa- 
tion of,  p.  360. 


1304  Index. 

HIGHWAYS— Continued. 

bureau  of  highways,  duties  and  powers  of.  p. 

356. 
bureau  of  highways,  creation  of,  p.  356. 
uniform  system  of  road  government  and  ad- 
ministration,  p.   356. 
enumeration    of.   special    laws  relating  to,   p. 
1029. 
HOGS— reference  to  acts  relating  to,  p.  369. 
HOME  OP  ADULT  BLIND.    See  Blind. 

industrial  home  of  mechanical  trade,  acts  re- 
lating to,  p.  370. 
site  for  industrial  home  of  mechanical  trade, 

D.  370. 

appropriations  for  home  for,  pp.  370,  371. 

HOME  OP  THE  INEBRIATES.    See  Inebriates. 

in  San  Francisco,  act  repealed,  p.  371. 

police  judges  may  commit  to,  p.  726,  §  234. 

HOME   POR    PEEBLE    MINDED    CHILDREN. 

See  Peeble  Minded  Children. 
HOMES.    See  Aged  Persons. 
HOMESTEAD.    See  Public  Lands. 

reference  to  acts  relating  to,  p.  371. 
HOMING  PIGEONS— act  for  protection  of,  p.  372. 
HOPS— baled,  rates  of  tare  on,  p.  372. 
HORSES.    See  Stallions. 

HORTICULTURE.    See     Agriculture;     Porestry; 
Fruit  Trees;  Viticulture. 
county  boards  of,  p.  370. 
horticultural  districts,  what  are,  p.  373. 
horticulture  officer,  appointment  and     duties, 

p.  374. 
repeal  of  act  to  promote,  p.  379. 
state  board  of,  p.  373. 
state  board  of,  p.  373. 
state  board  of,  powers  and  duties,  p.  373. 
introduction  of   insects,   etc.,   injurious   to,   p. 
382. 
HOSPITALS— state  hospital  foi-  miners,  p.  583. 

power  to  erect  municipal  hospital,  p.  383. 
HOUSE    OP    CORRECTION— power  to  maintain, 
p.  638,  subd.  32. 


Index.  1305 

HOUSE   OF   CORRECTION— Continued, 
reference  to  act  relating  to,  p.  383. 
sentence  to,  p.  638,  subd.  32. 
HUMBOLDT  BAY— grant  of  tide  lands  to  United 
States  for  purpose  of  improving,  p,  383. 
purchase  of  land  in,  p.  383. 
HUMBOLDT    COUNTY— act  to  prevent  propaga- 
tion of  thistle  in.  p.  1219. 
references  to  special  local  acts,  p.  384. 
HUNTING— reference  to  acts  relating  to,  p.  384. 
HUSBANDRY— commission    to    receive    national 

grange,  p.  384. 
INDEBTEDNESS.    See  Public  Debt. 

public,  funding  acts,  p.  966. 
INDIANS— act  for  government  and  protection  of, 
p.  384. 
claims  against  state     for     service     in     Indian 
wars,  p.  385. 
INDIGENT  SICK.    See  Paupers. 
INDIGENTS.    See  Aged  Persons. 
INDUSTRIAL  SCIIOOL— power  of  police  judges 
to  commit  to,  p.  727,  §  235. 
maintaining  and  imprisonment  in.  p.  640,  subd. 
33. 
INEBRIATES— maintenance  and  care  of  in  San 
Francisco,  d.  371. 
San  Francisco,  home  of  in,  p.  371. 
San  Francisco,  home  of  in,  management  of,  p. 
371. 
INFANCY.     See    Feeble    Minded    Children:    Or- 
phans. 
abandoned  child,  guardianship  of,  p.  944. 
appropriation  for  support  of  orphan  or  aban- 
doned child,  p.  944. 
cruelty  to  children,  p.  254. 
managers  of  asylum  may  consent  to  adoption 

of  child,  p.  944. 
reference  to  acts  relating  to,  p.  385. 
INFIRMARIES.    See  Paupers. 
INSANE — care,  custody  and  apprehension  of  per- 
sons believed  to  be  insane,  p.  394, 
overcrowding  of  patients  to  be  prevented,  pp. 
386,  399. 


1306  Index. 

INSANE— Continued. 

uniform  government  and  management  of  asy- 
lums, p.  394. 

discharge  of  persons  improperly  committed,  p. 
386. 

state  lunacy  commission,  creation  of,  p.  394. 

state  lunacy   commission,   powers   and   duties 
of,  p.  394. 

attendance  of  superintendents  at  meetings  of 
American  institutions,  p.  427. 

insane  persons  able  to  pay  for  their  own  sup- 
port, pp.  387,  389. 

duty  to  pay   for  support  of  patients  in  asy- 
lum, pp.  387,  389. 

guardian  for  persons  able  to  pay,  p.  390. 

Stockton     asylum,     new     buildings,     improve- 
ments and  repairs,  pp.  427,  429. 

Stockton,  water,  light  and  fuel  for,  p.  428. 

directors  empowered  to  construct  canal,  p.  428. 

Napa  asylum,  management  of,  p.  431, 

Napa  asylum,  completion  of,  p.  431. 

Napa  asylum,  additional  grounds  for,  pp.  429. 

430. 
Napa    asylum,    appropriations    for    buildings, 
improvements  and  repairs,  pp.  429,  430. 

Napa  asylum,  act    prohibiting    sale   of    liquor 
within  one  mile  of,  p.  431. 

Napa  asylum,  water  supply  for,  p.  429. 

Napa  asylum,  conveyance  of  portion  of  prop- 
erty by  trustees,  p.  431. 

Mendocino  asylum,  erection  and  management 
of,  p.  433. 

Mendocino  asylum,   improvements  and   build- 
ings in,  p.  433. 

Mendocino  asylum,  appropriation  for  claim  of 
McGarvan  and  Butler,  p.  433. 

Mendocino  asylum,  name  of,  p.  433. 

Mendocino    asylum,     administration     building 
for,  p.  434. 

Southern     California,  erection     and     manage- 
ment of,  p.  432. 

Southern  California,  improvements  in,  p.  432. 


Index.  1307 

INSANE— Continued. 

Southern     California,     conveyance     of     water 

rights  by  trustees,  p.  432. 
Agnews,  additional  buildings  for,  p.  434. 
Agnews,  erection  and  government  of,  p.  434. 
INSECTS— predaceous,  importation  of,  p.  954. 
INSOLVENCY— reference  to   acts  relating  to,   p. 

434. 
INSURANCE— state,  insurance  of  property  of,  p. 
435. 
reference  to  acts  relating  to,  p.  435. 
INTERPRETERS— refea-ence  to  acts  relating   to, 
p.  435. 

appointment  of,  p.  730,  §  246. 
duties  and  compensation  of,  p.  730,  §  246. 
INTOXICANTS.    See  Inebriates. 
INTOXICATING     LIQUORS— reference     to    acts 

relating  to,  p.  435. 
INVENTORY— inventory  an>d  record  of  state  and 

county  property,  p.  435. 
INYO  COUNTY— reference  to    special    and    local 

acts  relating  to,  p.  436. 
IRRIGATION   DISTRICTS— act  to  promote  irri- 
gation, p.  536. 
acts  to  provide  for  organization    and    govern- 
ment of,  pp.  462,  508. 
act  providing  for  examination,   approval  and 
confirmation  of  proceedings    for    issue    and 
sale  of  bonds,  p.  448. 
act  providing  for  redemption  of  property  sold 

for  delinquent  assessments,  pp.  461,  485. 
act  providing  for  reducing    bonded    indebted- 
ness, pp.  450,  504. 
issue  and  sale  or  exchange  of  funding  bonds, 

p.  452. 
change  of  boundaries  by  excluding  lands,  p. 

436. 
act  providing  for  change  of  boundaries  by  in- 
cluding other  lands,  pp.  443,  500. 
act  for  leasing  and  disposition  of  water  for 

mechanical  purposes  by,  pp.  506,  547. 
act  providing  for  abandonment  of  operations 
by,  p.  541. 


1308  Index. 

IRKIGATION  DISTRICT— Continued. 

act  providing  for  destruction     of     bonds  un- 
sold after  completion,  pp.  459,  507. 
act  providing  for  disorganization  of  districts 
and  dividing  district  into  classes,  p.  541. 
JAPAN— reimbursement  of     for     extradition     ex- 
penses, p.  549. 
JUDGES— plains,  judges  of,  p.  549. 

reference  to  acts  relating  to  courts,  p.  253. 
duty  of  to  instruct  grand  jury,  p.  79,  §  9. 
JUDGMENTS— against     cities     and     counties   of 

first  class,  how  paid,  p.  549. 
JURISDICTION.     See  State  Lands. 
JURY— jurors,  fees  of,  p.  331. 

sums  paid  grand  and    trial    jurors    a    county 
charge,  p.  251,  §  228. 
JUSTICES   OF  THE   PEACE— reference  to  acts 
relating  to,  p.  550. 
duties  of,  p.  134.  §  155. 
number  of,  p.  109,  §  56. 
number  and  jurisdiction  of,  p.  718,  §  213. 
jurisdiction  of,  p.  723,  §  221. 
fees  of,  p.  329. 

reporting  fees,  p.  146,  subd.  14. 
poster  of  fees  of,  p.  250,  §  224. 
legal  process,  fees  for,  p.  719,  §  216. 
compensation  of,  p.  146  et  seq. 
expenses  of  in  criminal  examinations,  when  a 

county  charge,  p.  251,  §  228. 
process  and  orders,  who  to  serve,  p.  720,  §  217. 
legal  process,  how  issued,  p.  719,  §  216. 
offices  for  justices  and     office     hours,  p.  719, 

§  215. 
clerk,  appoin'tment  and  qualification  of.  p.  718, 

§  214. 
presiding  justice,  p.  718,  §  214. 
trial  of  causes  in  court,  p.  718,  §  213. 
courts,  when  open^  p.  718,  §  213. 
actions  to  be  brought  in,  p.  718,  §  213. 
prohibition    to    practice  by    justices,  p.  724,  § 

226. 
procedure,  p.  724,  §  224. 


Index.  1309 

JUSTICES  OF  THE  PEACE— Coutinued. 

who  may  practice  in  justices'  courts,  p.   724, 
§  227. 

new  justices'   court  a  continuation  of  old,   p. 
724,   §  225. 

rules,  p.  724,  §  224. 

justice's  docket,  p.  722,  §  223. 

justice  to  aid  presiding  justice  or  clerk,  when, 
p.  723,  §  222. 

appeals  from,  p.  722,  §  220. 

certifying  cases  to  superior  court,  p.  722.  §  220. 

transfer  of  causes  in,  p.  721,  §  219. 

disability  of     justice,  proceedings     on,  p.  721, 
§  219. 

record  of  proceedings,  p.  721,  §  218. 

pleadings,  where  filed,  p.  721,  §  218. 

process,  where  returnable,  p.  721,  §  218. 

style  of  action,  p.  721,  §  218. 

additional  judges,  p.  725,  §  228. 

may  act  as  police  judges,  p.  729,  §  241. 

in  cities  of  second  class,  p.  768,  §§  393,  394. 

justices  in  cities  of  third  class,  p.  796,  §  560  et 
seq. 

in  cities  of  fourth  class,  p.  839,  §  700. 
JUTE  GOODS— price  and  condition  of  sale  of  by 
state,  p.  550. 

jute  factory  at  state  prison,  p.  5.50. 
KERN  COUNTY— references  to  special  and  local 
acts  relating  to,  p.  550. 

boundary     between     and     San     Luis     Obispo 
county,  p.  76. 
KINGS  COUNTY— reference  to  acts  relating  to,  p. 

551. 
KLAMATH     COUNTY— act  to  prevent  propaga- 
tion of  thistle  in,  p.  1219. 

annexing  territory  in,  to  Humboldt  and  Siski- 
you, p.  551. 

reference  to  special  and  local  acts  relating  to, 
p.  551. 
LABOR  STATISTICS— bureau  of,  p.  551. 

appropriation  for  support  of,  p.  552. 
Gen.  Laws— 110. 


1310  Index. 

LAKE     COUNTY— reference  to  special  and  local 
acts  relating  to,  p.  552. 
restriction  on  herding  or  running    at    large  of 

sheep  or  goats,  pp.  262,  354. 
boundary  between  and  Yolo,  p.  75. 
LAKE     TAHOE— Lake  Tahoe  wagon  road  com- 
missioner, creation  of,  duties,  etc.,  p,  552. 
right  of  way  for  wagon  road  to,  p.  552. 
LAKES— recession  of,  sale  of  land,  p.  1188. 
LAND.    See  Torrens  Land  Act. 
LANES~aot  providing  for  worlj  on,  p.  1114. 
LARCENY"— reference  to  acts  relating  to,  p.  558. 
LASSEN  COUNTY— reference  to  special  and  local 
acts  relating  to,  p.  553. 
boundary  between  and  Siskiyou,  p.  76. 
boundary  between  and  Shasta,  p.  76. 
LAW  LIBRARIES— establishment  of,  p.  561. 

fee  for,  duty  to  collect,  p.  676,  §  127. 
LAW     LIBRARY— San   Francisco,   act  providing 

for,  p.  561. 
LAWS— commission  to  promote  uniformity  of  leg- 
islation, p.  554. 
LEGAL  TENDER— what  is,  p.  553. 
LEGISLATION— commission  to     promote  unifor- 
mity of,  p.  554. 
LEGISLATIVE  DISTRICTS— reference  to  act  re- 
lating to,  p.  555. 
LEVEES— boundaries  and  government     of     levee 
district  number  six  of  Sutter  county,  p.  556. 
boundaries  and    government  of    levee    district 

number  two,  in  Sutter  county,  p.  555. 
formation  and  organization  of  protection  dis- 
tricts, p.  954. 
funding  and  refunding  indebtedness  of  levee 

district,  p.  557. 
funding  indebtedness  of  levee  district  number 

six  of  Sutter  county,  p.  556. 
repeal  of  act  for  formation  and  government  of 

districts,  p.  555. 
appeals  from  orders  forming    or    refusing  to 

form  districts,  p.  556. 
.appeals  from  orders  setting  off,  including  lands 
or  consolidatinsr  districts,  p.  556. 


Index.  1311 

LEVEES— Continued. 

moneys  to  credit  of  reclamation  districts,  dis- 
position of,  p.  557. 
LIBEL — reference  to  acts  relating  to,  p.  560. 
LIBRARIES.    See  Law  Libraries. 

free  trustees  of  in  cities    of    fourth    class,  p. 

820,  §  636. 
free,  trustees  of,  p.  848,  §  758. 
free,  in  cities  of  third  class,  p.  782,  §  509. 
act  to  establish  and  perpetuate,  p.  304. 
establishment  of  free     public     libraries     and 
reading  rooms,  p.  560. 
LICENSES— act  forbidding  issuance  of  to  aliens, 
p.  15. 
payment    of  salaries  of  collectors,  p.  561. 
payments  to  collector  legalized,  p.  561. 
collector,   appointment,  powers  and  duties,  p. 

680,  §  138;  p.  681,  §  139. 
revenue  from  vocation  of  fishing,  p.  341. 
permits  to  open  liquor  saloon,  p.  684,  subd.  4. 
in  cities  of  second  class,  pp.  750,  751.  §§  321, 

324;  p.  755,  §  333. 
in  cities  of  third  class,  p.  785. 
in  cities  of  fourth  class,  p.  812. 
LIENS— reference  to  acts  relating  to,  p.  562. 

what  act  relating  to  not  repealed  by  Code.  p. 
562. 
LIGHTHOUSES— authorizing    governor    to    cede 

site  for,  p.  562. 
LIQUORS.    See  Inebriates. 

reference  to  acts  relating  to  sale  of,  p.  563. 
permits  for  sale  of  liquor,  p.  684. 
LOAN  COMMISSIONERS -powers  of,  p.  967. 
LOCAL  LAWS— relating  to  various  counties.     See 

references  under  various  counties. 
LODGING  HOUSES— reference  to    acts    relating 

to,  p.  563. 
LOGS— scale  for  measurement  of,  p.  563. 
LOS  ANGELES  COUNTY- references  to  special 

and  local  acts  relating  to,  p.  563. 
LOS  NITOS  COLLEGIATE  INSTITUTE— act  re- 
lating to,  p.  fi«. 


1312  Index. 

LOST  WARRANTS— act  relating  to,  p.  564. 
LUMBER— scale  for  measurement  of  logs,  p.  563. 
LUMBER      MANUFACTURERS— references      to 

acts  relating  to,  p.  565. 
LUNATICS.    See  Insane. 
MADERA     COUNTY— creation  and  organization 

of,  p.  565. 
MANUFACTURED     GOODS— reference    to    acts 

relating  to,  p.  565. 
MAPS— penalty  for  selling  lots  before  filing  map, 
p.  565. 
recording  maps     of     cities,     subdivisions,     or 
tracts,  p.  565. 
MARIN  COUNTY— reference  to  local  acts  affect- 
ing, p.  566. 
MARIPOSA     COUNTY— boundary     between    and 
Fresno,  p.  76. 
fi'ee  wagon  road,  from  to  l^osemite  Valley,  p. 

1282. 
hides  of  animals  in,  p.  355. 
references  to  special  and  local  acts  relating  to, 
p.  566. 
MARKET— public,  establishment  of  in  San  Fran- 
cisco, p.  984. 
MARKS     AND     BRANDS— Siskiyou,   marks  and 

brands  in,  p.  567. 
MARSHAL— fees  of,  p.  328. 

in  cities  of  sixth  class,  p.  893,  §  880. 
MARSHAIiL  MONUMENT— guardian  for,  p.  567. 
MARYSVILLE— bridge  across  Feather  river  at,  p. 

321. 
MASTER    AND    SERVANT— arbitration  between 
employer  and  employee,  p.  18. 
bureau  of  labor  statistics,  p.  551. 
bureau  of  labor  statistics,  powers  and  duties, 

pp.  551,  552. 
to  protect  wages,  salaries  and  fees,  p.  567. 
sanitary  condition  of  shops  and  workshops,  p. 
1048. 
MAY^OR— to  sign    ordinances    and    resolutions,  p. 
942. 
qualifications,  powers  and  duties  of,  p.  672  et 
seq.,  §§  118-120. 


Index.  1313 

MAYOR— Continued. 

cities  of  fourth  class,  duties  and  powers  of,  p. 
.     829,  §  670. 
in  cities  of  third  class,  powers  and  duties  of,  p. 

795,  §  550. 
rights,  powers  and  duties  of  mayors  in  cities 

of  second  class,  pp.  763,  764. 
ex-officio  chairman  of  board  of  health,  p.  703,  § 

166. 
to  see  public  contracts  carried  out,  p.  717,   § 

204. 
appointment  of  gas  inspector,  p.  348  et  seq. 
MEASURES.    See  Weights  and  Measures. 
MECHANICS'  LIENS— for  materials  and  labor  on 

public  works,  p.  994. 
MECHANICS'  INSTITUTE— creation  and  endow- 
ment of,  p.  308. 
reference  to  act  relating  to,  p.  567. 
MEDICINE— act  regulating  practice  of  medicine, 
pp.  568.  574. 
filing  false  or  forged  license,  p.  573,  §  13. 
practicing  witliout  license,  p.  573,  §  13. 
regulating  practice  of,  so  as  to  prevent  blind- 
ness, p.  576. 
MENDOCINO     COUNTY— references     to     special 
and  local  acts  relating  to,  p.  576. 
herding  of  sheep  in,  p.  262. 
MERCED  COUNTY -references  to  special  and  lo- 
cal acts  relating  to,  p.  576. 
MEXICAN  WAR.    See  Veterans'  Home. 
MILITARY     ACADEMIES— furnishing  arms  for 

use  of  military  academies,  p.  577. 
MILITARY     RESERVATIONS— ceding    jurisdic- 
tion to  United  States  over  lands  acquired  for 
military  purposes,  p.  1091. 
ceding  title  to  lands  to  United  States  for  mili- 
tary purposes,  p.  1091. 
MINERAL   CABINET— management   and   protec- 
tion of,  p.  578. 

establishment  of  in  state  library,  p.  578. 
removal  from  state  library,  p.  578. 


1314  Index. 

MINERALOGICAL  BUREAU  -  editing  manu- 
scripts of  mineralogist,  appropriation  for.  p. 
578. 

state  mining  bureau,  establishment,  manage- 
ment and  support,  p.  578. 
MINERALOGIST— state,  creation  of  office  of,  p. 
578. 

See  Mlneralogical  Bureau. 
MINES    AND    MINING.    See    Mlneralogical  Bu- 
reau. 

debris  commissioner,  appointment,  duties  and 
compensation  of,  p.  587. 

coal  mines  and  coal  miners,  protection  of,  p. 
580. 

locating  claims,  manner  of,  p.  592. 

locating  claims,  recording  notices,  p.  592. 

defective  locations,  amending,  p.  592. 

records,  deposit  with  recorder,  p.  592. 

recordation,  effect  of,  p.  592. 

drainage  of  mines,  p.  595. 

hydraulic   mining,     statements     of     drainage 
owners,  pp.  271,  272,  §§  19,  20. 

recording  notices  of  location  and  affidavits,  ef- 
fect of,  p.  592. 

sale  of  mineral  lands,  p.  591. 

repeal  of,  act  regulating  sale  of  mineral  lands, 
p.  591. 

drainage  of  mines,  p.  595. 

protection  of  miners  and  modes  of  escape,  p. 
579. 

second  shaft  and  modes  of  escape,  p.  579. 

rights  of  way  and  easemients,  p.  595. 

working  of  mines,  p.  595. 

state  hospital  and  asylum  for  miners,  p.  583. 

uniform  system  of  bell  signals,  p.  584. 

mining  partnerships,  act  relating  to,  p.  579. 

reference  to  acts  relating  to,  p.  579. 
MINING     BUREAU— establishment  of     state,  p. 

578. 
MINORS.    See  Infancy;  Orphans. 
MISDEMEANOR— appropriation  of  too   great  pro- 
portion from  ditch  rir  nurne.  p.  260. 


Index.  1315 

MISDEMEANOR— Continued. 

public  land,  interfering  with  settler  on,  p.  983. 
selling  lots  before  filing  map,  p.  565. 
violation  of   statute  relating     to     surgery,   p. 

574,  §  7. 
waste  of  water,  p.  20. 
disinterring  bodies  without  permit,  p.  46. 
refusal  to  sell  ticket  to  emigrant,  p.  314. 
MISSING     PERSONS— trustees    for    estate  of,  p. 

597. 
MODOC  COUNTY— creation  and  organization  of, 
p.  599. 
herding  of  sheep  in,  p.  262. 
MONO  COUNTY— references  to  special  and  local 

acts  relating  to,  p.  599. 
MONTEREY  CITY— repeal  of  act  to  incorporate 

city,  p.  600. 
MONTEREY   COUNTY— hides   of  animals   in,   p. 
355. 
references  to  special  and  local  acts  relating  to, 

p.  600. 
indebtedness  between  and  San  Benito  and  pay- 
ment of,  p.  1032. 
MORGUE— public,  in  San  Francisco,  construction 

and  maintenance,  p.  600. 
MORTGAGES— reference  to  acts   relating   to,   p. 
600. 
disposition  of  moneys  from  taxes  on,  p.  1215. 
MUNICIPAL  CORPORATIONS.    See  Parks;  Pub- 
lic Debt;  Public  Works, 
bonds,  destroying  unsold,  p.  39. 
contracts   for   lighting   streets   and   buildings, 

bow  let,  p.  70. 
donations  to,  power  to  receive,  p.  263. 
election  of  freeholders,  p.  37. 
power  of,  to  take  census,  p.  49. 
act  authorizing  fi-anchise  for  railroads  to  parks 

beyond  city  limits,  p.  1023. 
water  rates,  supervisors  to  fix  rates,  p.  939. 
organization  and  incorporation  of,   validation 

of,  p.  917. 
acts  of.  validating,  p.  923. 


1316  Index. 

MUNICIPAL  CORPORATIONS-Continued. 

altering  boundaries  and  excluding  territory,  pp. 

reorganization  of,  validating  proceedings,  p. 
918. 

annexation    of   territory    to,    p.    931,   931,   938. 

exclusion  of  territory,  adjustment  of  debts  and 
property  rights,  p.  936. 

disposal  of  moneys  raised  for  public  improve- 
ments, p.  920. 

annulling  charter  and  acting  under  general 
laws,  p.  919. 

classification  of,  p.  922. 

fifth  class,  obtaining  vs^ater  works,  p.  939. 

cemeteries,  lauds  for  and  management  of,  ]). 
939. 

fees  in  cities  over  100,000,  how  paid,  p.  333. 

conti-acts,  how  made,  p.  672,  §  107. 

printing  and  advertising  to  be  let,  p,  671,  §  106. 

how  consolidated,  p.  609,  §  8. 

right  to  incorporate,  p.  603,  §  1. 

manner  of  organization,  p.  603,  §  2. 

election  for  organization,  p.  605,  §  3. 

incorporation  under  municipal  corporation  bill, 
p.  605,  §  4. 

effect  of  reincoi*poration  under  municipal  gov- 
ernment act,  p.  607,  §  5. 

appropriation  bills,  p.  627,  §  61. 

boundaries,  how  changed,  pp.  608,  928,  931, 
934. 

audited,  meaning  of,  p.  663,  §  92. 

demands,  setoff  to  be  deducted,  p.  663. 

demands  of  officers,  p.  662,  S  91. 

demands,  must  be  audited,  p.  662,  §  91. 

ordinances  appropriating  money,  p.  627,  §  61. 

injuries  from  defects  in  streets,  p.  ij'A),  s.  87. 

protection  of  towns  from  overflow,  p.  924. 

waterworks,  sale  of  excess  of  water,  p.  920. 

change  of  fiscal  year,  p.  340. 

judgments  against  cities  over  100,000,  how 
paid,  p.  549. 

trusts  in  favor  of  settlers  on  town  lands,  exe- 
cution of,  pp.  903  et  seq. 


Index.  1317 

MUNICIPAL  CORPORATIONS— Contiuiied. 

municipal  corporation  bill.  p.  601. 

payments  of    public    fund,  when    only  to    be 
made,  p.  662. 

public  funds,  enumeration  and  purposes  of,  p. 
661  et  seq. 
demands,  what  to  be  allowed,  p.  663,  §  93. 

demands  against,  payment  and  registry  of,  p. 
665,  §  96. 

allowance  of    illegal    claims,  liability  for.  pp. 
665,  666,  §§  95,  97. 

nonpayment   of  audited   claims,   investigation 
of,  p.  666,  §  97. 

claim  against,  rejection  of,  p.  667.  §  99. 

claims  against  over  $500,  p.  627,  §  61. 

claims  against,   opinion  of    city    attorney,   p. 
667,  §  100. 

one-twelfth  act,  p.  668,  §  102. 

one-twelfth  act,  when  does  not  apply,  p.  671, 
§  105. 

act  authorizing  city  to  receive  gift,  p.  263. 

conveyances  by  cities  for  educational  or  char- 
itable purposes,  ratification  of,  p.  939. 

water  rates,  fixing  of,  p.  1268. 

acquiring  water  and  water  rights,  p.  939. 

officers    not  to  be    interested  in    contracts,  p. 
874,  §  811. 

effect  of    municipal    government  bill    on  ex- 
isting offices    and  statutes,  pp.  741,  742. 

lease,  purchase  and  operation  of    gravel   beds 
and  quarries,  p.  921. 

act  conferring  power  to  erect  municipal  hospi- 
tal, p.  383. 

use  of  gravel  for  roads,  p.  921. 

drainage  of  towns,  p.  924. 

bonds  for  drainage  and   protection  of  towns 
from  overflow%  §  924. 

funding  indebtedness  and  issuing  bonds,  p.  967. 

issuance  of  bonds,   submission  to  people,   pp. 
972,  973. 

payment  of  debt  in  certain  cities  submission 
to  people,  p.  972. 


1318  Index. 

MUNICIPAL  CORPORATIONS— Continued. 

repeal  of  act  authorizing  certain  cities  to  ob- 
tain waterworks,  p.  1013. 

repeal  of  act  authorizing  indebtedness  by,  p. 
1013. 

franchise  for  railroad  to  paries  outside  city  lim- 
its, p.  1023. 

first  class,  legislative  department,  p.  621. 

first  class,  executive  department,  p.  672. 

first  class,  legislative  power,  how  vested,  p. 
621,  §  40. 

first  class,  general  powers  of  cities,  p.  612,  §  19. 

first  class,  names,  member  and  terms  of  office, 
p.  612,  §  20. 

second  class,  name  of,  p.  742,  §  288. 

second  class,  powers  of  generally,  p.  742,  §  288. 

second  class,  sale  of  property  in,  p.  751,  §  322. 

second  class,  bonded  indebtedness  of  cities  of, 
p.  754,  §  331. 

second  class,  debts  of  cities  of,  p.  753,  §§  328, 
329. 

second  class,  separate  funds  in  cities  of,  p.  754, 
§  330. 

second  class,  not  liable  for  injury  from  defec- 
tive streets,  p.  765,  §  376. 

third  class,  debts  of,  laws  relating  to  continued 
in  force,  p.  793,  §  534. 

third  class,  debts  of  and  demands  against,  pp. 
787,  788,  793. 

third  class,  officer's  of,  p.  779,  §  501  et  seq. 

third  class,  names  of  and  general  powers,  p. 
779,  §  500. 

third  class,  river  improvement,  p.  794,  §  535. 

third  class,  public  work  to  be  done  by  contract, 
p.  794,  §  536. 

fourth  class,  indebtedness  not  to  exceed  means, 
p.  814,  §  623. 

fourth  class,  contracts  for  work  and  labor,  p. 
817,  §  628. 

fourth  class,  demands  against,  p.  814,  §  624. 

fourth  class,  expenditures  of,  p.  814  et  seq. 

fourth  class,  name  of  and  powers  generally 
p.  803,  §  600. 


Index.  1319 

MUNICIPAL  CORPORATIONS— CoDtinued. 
fourth  class,  officers  of,  p.  803,  §  601. 
fourth  class,  elei'k  of  city  of,  p.  831,  §  676. 
fifth  class,  name  and  powers  of,  p.  845,  §  750, 
fifth  class,  public  work  to  be  contracted  for,  p. 

861,  §  777. 
fifth    class,    indebtedness    of,    and    demands 

against,  p.  854  et  seq. 
fifth  class,  officers  of,  p.  845,   §  751. 
fifth  class,  act  authorizing  obtaining  of  water- 
works by,  p.  939. 
school  bonds,  issuance  of    by  cities  of    fifth 

class,  p.  1064. 
sixth  class,  name  and  powers  of,  p.  876,  §  850. 
sixth  class,  officers  of,  cities  of,  p.  876.  §  851. 
act  to  enable  to  elect  officers,  p.  896. 
dislncorporation  of,  p.  899. 
reorganization  of  cities  of,  p.  903. 
ownership    of    property    and    winding    up    af- 
fairs, p.  903. 
indebtedness  of  and  demands  against,  p.  889. 

§   875. 
public  work,  p.  888,  §  874. 
officers   not  to  be  interested   in   contracts,   p. 
895,  §  886. 
MUSEUMS— acts    to    establish    and     perpetuate, 

pp.  304.  308. 
NAPA  COUNTY— act  to    define  northern  bound- 
ary of,  p.  76. 
references  to  special  and  local  acts  relating  to, 
p.  940. 
NATIONAL   GUARD— reference  to  acts  relating 

to.  p.  940. 
NAVAL  BATTALION— reference  to  acts  relating 

to,  p.  941. 
NEGLIGENCE— injuries   from   defects   in   street, 

liability  for,  p.  659,  subd.  87. 
NEVADA  COUNTY— references  to  special  and  lo- 
cal acts  relating  to,  p.  941. 
exemption  of  firemen  from  poll  tax,  p.  1217. 
NORMAL   SCHOOLS— reference  to  acts  relating 

to.  p.  941. 
NOTARIES— reference  to  acts  relating  to,  p.  941. 
officers  not  to  act  as,  p.  Ill,  §  65. 


1320  Index. 

NOTICE— what  includes,  p.  116,  §  88. 
fees  for  publication  of,  p.  109,  §  57. 
posting  of  notices  of  proceedings  of  supervis- 
ors, p.  106,  J  47. 
NUISANCES— how  abated,  p.  713,  §  193. 
what  are,  p.  789,  §  530. 

what  are,  in  cities  of  first  class,  p.  857.  §  770. 
what  are  in  cities  of  fifth  class,  p.  874,  §  812. 
what  are  in  cities  of  sixth  class,  p.  885,  §  868. 
OATHS— members  and  officers  of  board  of  health 

may  administer,  p.  714,  §  196. 
what  school  officers  may  administer,  p.  734,  § 

250. 
president  of  school  board  in  cities  of  second 

class  may  administer,  p.  774,  §  413. 
officers  and  deputies,  power  to  administer,  p. 

Ill,  §  63. 
who  may  administer,  p.  665,  §  95. 
OFFICERS— bureau  of  labor  statistics,  p.  551. 
bureau  of  labor  statistics,  powers  and  duties, 

p.  55]. 
preference  of   discharged   Union   soldiers   and 

sailors,  p.  989. 
county,  who  are,  p.  108,  §  55. 
township  officers,  Avho  are,  p.  109.  §  56. 
election  of,  time  of,  p.  110,  §  58, 
municipal  government   bill,   effect  on   officers, 

pp.  743,  744. 
duties   of  officers   to   report  Ix-eaches   of   con- 
tracts, p.  717,  §  204. 
eligibility  to  office,  p.  108,  §  54. 
certificate  of  election,  countv  clerk  to  issue,  p. 

102,  §  35. 
who  may  administer  oaths  and  take  testimony, 

p.  665,  §  95. 
examination  of  books  of  officers  having  funds, 

p.  668,  §  101. 
reference  to  acts  relating  to,  p.  941. 
aliens,  act  forbidding  aliens  to  hold  office,  p. 

14. 
books  of  officers,  right  of  inspection  of.  p.  665, 

§  95. 


Index.  1821 

OFFICERS— Continued. 

allowance  of  illegal  demand,  liability  for,  pp, 

G65,  6G6,  §§  95,  97. 
receipts  by  officers,  p.  666,  §  98. 
duties  of  officers  under  the  one-twelfth  act,  p, 

669,  §  103;  p.  670,  §  104. 
powers  are  expressly  enumerated,  p.  628,  §  62, 
absence  from  state,  p.  Ill,  §  64. 
who  not  to  practice  law,  p.  Ill,  §  65. 
notaries,  officers  not  to  act  as,  p.  Ill,  §  65. 
salaries  of  officers,  p.  140  et  seq. 
salaries,  how  and  when  payable,  p.  135,  §  156, 
salaries,  statement  of  fees  must  precede  war- 
rant for,  p.  249,  §  221. 
salaries,  how  paid,  p.  249,  §  220. 
salary  fund,  p.  248,  §  219. 
salary  to  be  in  full  payment,  p.  383. 
salaries  of,  effect  of  division  of  county,  p.  252, 

§  231. 
salaries  of  officers  in  cities  of  first  class,  p, 

615  et  seq,  §  26. 
refusal  to  perform  services  after  fees  tendered, 

p.  249,  §  222. 
receiving  illf^gal   fees,   declaring*  office  vacant. 

p.  250,  §  225. 
fees  and  compensation  of  officers,  p.  613,  §  23 1 

p.  615,  §  25. 
services  performed  by  successor,  pavment  for, 

p.  250,  §  226. 
duty  of  outgoing  officers,  p.  607,  §  6. 
vacancies,  how  filled,  p.  613,  §  22. 
keeping  open  of  offices,  p.  613,  §  21. 
opening  or  examining  bids  a  felonr,  p.  619,   § 

27. 
officers   not  to   be   interested   in   contracts,   p. 

619,  §  27. 
oflice  hours,  p.  110.  §  61. 
residence  of  officers,  p.  110.  §  61. 
office  includes  deputies,  p.  110,  §  60. 
deputies,  power  to  appoint,  p.  110,  §  .59. 
oaths,  officers,  and  deputies,  power  to  adminis- 
ter, p.  111.  §  63. 

.    Gen.  Laws— 111. 


1322  Index. 

OFFICERS— Continued. 

officers  not  to  be  interested  in  public  con- 
tracts, p.  874,  §  811. 

authorizing  claims  in  violation  of  statute  lia- 
ble, p.  79,  §  7. 

not  to  make  claims  against  county,  p.  103,  §  39. 

reports  of,  p.  618,  §  29. 

differences  between,  how  settled,  p.  620,  §  28. 

cities  of  first  class,  duty  to  pay  over  moneys, 
p.  874,  §  810. 

cities  of  second  class,   salaries  of  officers  in, 
p.  744,  §  307. 

city  of  second  class,  vacancy  in  office  in  and 
filling  of,  p.  744,  §  305. 

cities  of  second  class,  oath  of  officers  in,  p. 
744,  §  306. 

cities  of  second  class,  election  and  term  of  of- 
fice of  officers  in,  p.  743,  §  301. 

cities  of  second  class,  what  officers  to  be  elect- 
ed in,  p.  743,  §  301. 

cities  of  second  class,  reports  of  offifrers  in,  p. 
767,  §  379. 

cities  of  third  class,  officers  of,  p.  779,  §  501. 

cities  of  third  class,  officers  not  to  be  interest- 
ed in  contracts,  p.  802,  §  591. 

cities  of  third  class,  eligibility  to  office  in,  p. 
782,  §  508. 

cities  of  third  class,  vacancies  in  offices  in,  p. 
781,  §  505. 

cities  of  third  class,  compensation  of  officers  of, 
p.  781,  §  506. 

cities  of  third  class,  election  and  tenure  of  of- 
fice in,  p.  780,  §  502. 

cities  of  third  class,  appointment  of  officers  in, 
p.  780,  §  503. 

cities  of  third  class,  paying  moneys  into  treas- 
urer, p.  802,  §  590. 

cities  of  third  class,  compensation  of  officers  in, 
p.  796,  §  553. 

cities  of  fourth  class,  officers  of,  p.  803,  §  601. 

cities  of  fourth   class,   salaries  of  officers  of, 
p.  807. 


Index.  1323 

OFFICERS— Continued. 

cities  of  fourth  class,  vacancy  in  office  in,  p, 

806,  §§  605,  606. 
cities  of  fourth  class,  salaries  of  officers  of,  p 

838,  §  699. 
cities  of  fourth  class,  deputies  in,  p.  830,  §  672 
cities  of  fifth  class,  officers  of,  p.  845,  §  751. 
cities  of  fifth  class,  election  and  term  of  office 

p.  845,  §  752. 
cities  of    fifth    class,  eligibility  to  office  in,  p 

848,  §  757. 
cities  of  fifth  class,   supervisors  to  prescribe 

duties  and  compensation  in,  p.  867,  §  791. 
cities  of  fifth  class,  filling  of  vacancies  in  office 

in,  p.  846,  §  754. 
cities  of  fifth  class,  salaries  of  officers  in,  p. 

847,  §  755. 
cities  of  sixth  class,  officers  of,  p.  876,  §  851. 
cities  of  sixth  class,  election  and  tenure  of  of- 
fice in,  p.  876,  §  852. 
cities  of  sixth  class,  vacancies  in  office  in,  p. 

878,  §  854. 

cities  of  sixth  class,  eligibility  of  officers  in,  p. 

879,  §  857. 

cities  of  sixth  class,  act  enabling,  to  elect  of- 
ficers, p.  896. 
cities  of  sixth   class,  not  to  be  interested   in 
contracts  in,  p.  895,  §  886. 
cities  of  sixth  class,  trustees  to  fix  duties  and 

compensation  in,  p.  894,  §  881. 
cities  of  sixth  class,  payments  into  treasury  by 

officers  in,  p.  895,  §  885. 
cities  of  sixth  class,  salaries  of  officers  in,  p. 
878,  §  855. 
OLEOMARGARINE— reference  to    acts    relating 

to,  p.  942. 
OLIVE  OIL— reference  to  act  relating  to,  p.  942. 
ORANGE  COUNTY— creation  and  organization  of, 

p.  942. 
ORDINANCES— enacting  clause  of,  p.  99,  §  26;  p. 
628,  §  63. 
passage  of,  p.  625,  §  56. 
validity  of,  p.  625,  §  56. 


1324  ludex. 

ORDINANCES— Continued. 

reconsideration  of,  p.  626,  §  59. 

re-enactment  of,  p.  626,  §  58. 

amendment  of,  pp.  625,  626,  §§  56,  57,  58. 

signing  of,  p.  626,  §  60. 

signing  and  attesting  and  entry  of,  p.  99,  §  26. 

publication  of,  p.  99,  §  26;  p.  627,  §  61. 

veto  of,  p.  627,  §  61. 

manner  of  submission  to  people,  p.  82,  §  13. 

when  to  be  submitted  to  people,  p.  82,  §  13. 

taking  effect  of,  time  of,  p.  99,  §  26. 

appropriating  money,  p.  627,  §  61.   , 

appropriation  bills,  p.  627,  §  61. 

second  class,  ordinances  in  cities  of.  p.  751,  § 
324. 

violation  of  ordinances  of  cities  of  third  class 
a  misdemeanor,  p.  788,  §  529. 

In  cities  of  third  class,  p.  784,  §  523  et  seq.,  p. 
787,  §  525. 

In  cities  of  fourth  class,  pp.  819.  820. 

In  cities  of  fifth  class,  pp.  853,  subd.  16,  854, 
855,  857;  §§  768,  769. 

in  cities  of  sixth  class,  pp.  880,  882,  883.  , 

mayor  to  approve  of,  p.  942. 
ORPHANS— abandoned  child,  guardianship  of,  p. 

944. 
r:      appropriations  for  relief  of  asylums,  p.  944. 

appropriation  for  support  of  orphan  or  aban- 
doned child,  p.  944. 

care  of  orphan  and  abandoned  children,  p.  944. 
:     managers  of  asylum  may  consent  to  adoption 
of  child,  p.  944. 

reference  to  acts  relating  to,  p.  944. 
OYSTERS— encouraging  planting  and   cultivation 

of,  p.  945.  t 

PARASITES— importation  of,  p.  954. 
PARENT  AND  CHILD— abandoned  child,  guard- 
'         '  ianship  of,  p.  944. 

appropriation  for  support  of  orphan  or  aban- 
doned child,  p.  944. 

managers  of  asylum  may  consent  to  adoption 
of  child,  p.  944. 


Index.  1325 

PARK  COMMISSIONERS— appointment  and  du- 
ties, p.  715,  §  200. 
meetings  and  quorum,  p.  715,  §  200. 
PARKS — authorizing"  cities  to  acquire,  maintain, 
and  improve,  p.  986. 
authorizing  supervisors  to  levy  tax  to  support, 

p.  986. 
commissioners  authorized  to  accept  donations, 

p.  986. 
commissioners,   powers   and   duties,   p.   715,   § 

200. 
consent  of   state  to   reservation   by   Congress 

for  park,  p.  987. 
construction  of  roads  to  parks  outside  city  lim- 
its, pp.  987,  1023. 
employees  of  commissioners,  p.  716,  §  201. 
surveyor  ex  oflQcio  engineer,  p.  716,  §  201. 
taxes  for  improvement,  how  levied,  p.  716,  § 

202. 
reports  of  commissioners,  p.  717,  §  203. 
powers  of  commissioners,  p.  716,  §  201. 
prisoners  working  in,  p.  716,  §  201. 
jurisdiction  of  cities  over  parks  outside  limits 

and  streets  leading  thereto,  p.  987. 
maintenance  and  supi)ort  of,  p.  986. 
PARTITION  FENCES.    See  Fences. 
PAUPERS.    See  Agriculture;   Soldiers;   Veterans' 
Home, 
support  of,  a  county  charge,  p.  251,  §  228. 
acts  relating  to  county  infirmaries,  reference 
.     to,  p.  385. 
PAYMENT— legal  tender,  what  is,  p.  553. 
PENSIONS— no    fees  to  be  charged,  p.  333. 

teachers'  annuity  and  retirement  fund.  p.  1069. 

PESTS— predaceous  insects,  importation  of,  p.  954. 

PHARMACY— act  regulating  practice  of  in   San 

Francisco,  pp.  575,  948,  §  7. 

regulation  of  practice  of,  p.  945, 

PHYSICIANS.    See  Medicine;  Veterinary  Surgery. 

duty  to  report  c-ertain  diseases,  p.  71.5,  §  198. 
PIGEONS— homing,  act  for  protection  of,  p.  372. 


1326  Index. 

PILOTS— reference  to  acts  relating  to,  p.  951. 
of  vessel  subject  to  quarantine,  duty  of,  p.  707, 
§175. 
PLACER  COUNTY— exemption  of  firemen   from 
poll  tax,  p.  1217. 
references  to  special  and  local  acts  relating  to, 
p.  951. 
PLAINS— iudges  of,  p.  549. 

PLANS— of  public  buildings,  alteration  of,  p.  1012. 
PLUMAS  COUNTY— references  to  special  and  lo- 
cal acts  relating  to,  p.  952. 
PLUMBING— regulation  of  in  buildings,  pp.  978, 

979. 
POISONS— reference  to  acts  relating  to,  p.  952. 

regulating  sale  of,  p.  945, 
POLICE— reference  to  acts  relating  to,  p.  952. 

See  Police  Department. 

POLICE    COURTS.      See  Municipal  Corporation 

Bill— Judicial  Department. 

in  cities  between  30,000  and  100,000,  p.  953. 

in  cities  between  15,000  and  18,000,  p.  952. 

creation  of  police  court  two  in  San  Francisco, 

p.  953. 
creation  of  police  court  department  three  in 

San  Francisco,  p.  953. 
creation  of  department  4  in  San  Francisco,  p. 

953. 
Marysville,  police  court  in,  p.  952. 
establishment  of  in  Eureka,  p.  952. 
act  transferring  business  records  to  after  new 
constitution.     See  Code  of  Civil  Procedure, 
Appendix,  p.  865. 
assignment  to  departments,  p.  725,  §  229. 
distribution  of  business,  p.  725,  §  229. 
always  open  for  business,  p.  725,  §  229. 
office  hours,  p.  728,  §  239. 
departments  and  sessions  of,  p.  725,  §  229. 
not  a  court  of  record,  p.  725,  §  229. 
have  a  seal.  p.  725,  §  229. 
power  and  jurisdiction  of,  p.  725  et  seq. 
justice  may  act  as  police  judge,  p.  729,  §  241. 
fines,  payment  into  treasurer,  p.  729,  §  240. 


Index.  1327 

POLICE   COURTS— Continued. 

records  of  proceedings  and  flues,  county  clerk 

to  keep,  p.  728,  §  238. 
bailiffs  for,  p.  730,  §  244. 
abolition  of  courts  and  transfer  of  records,  p. 

730,  §  245. 
new  police  courts,  powers  of,  p.  730,  §  245. 
qualification  of  attorney  in,  p.  730,  §  243. 
sentencing  to  labor  on  public  works,  p.  727,  § 

236. 
in  cities  of  second  class,  pp.  767  et  seq. 
in  cities  of  third  class,  p.  796,  §  560  et  seq. 
in  cities  of  fourth  class,  p.  833  et  seq. 
POLICE  DEPARTMENT— reference  to  acts  relat- 
ing to,  p.  953. 
department  of,  what  consists,  p.  681,  §  140  et 

seq. 
police  commissioners,  how  appointed,  p.  681,  § 

140. 
police  commissioners,  powers  of,  p.  681  et  seq. 
officers  of     department,  appointment,    powers 

and  duties,  pp.  688  et  seq. 
police  commissioners,  qualifications  of,  p.  681, 

§  140. 
fire  alarm  and  police  telegraph,  p.  702,  §§  162, 

163  et  seq. 
in  cities  of  second  class,  p.  763,  §  358. 
chief,  duty  of  in  cities  of  second  class,  p.  764, 

§  372. 
in  cities  of  fourth  class,  p.  833  et  seq. 
salary  of    chief  of  police  in  cities  of    fourth 

class,  p.  830,  §  673. 
in  cities  of  fifth  class,  p.  866,  §  790. 
POOR  LAWS.     See  Paupers. 
POPULATION— authorizing  taking  of  census,  p. 

49. 
counties,  population  of,  p.  80.  §  10. 
PREDACEOUS  INSECTS— importation  of,  p.  954. 
PRE-EMPTION.    See  Public  Lands. 
PRISONS— expenses  of  prisoners  a  county  charge, 

p.  251,  §  228. 
police  commissioners  may  designate,  p.  685,  § 

16. 


1328  Index. 

PRIZE  FIGHTING— reference  to  acts  relating  to, 

p.  954. 
PROCESS— what  includes,  p.  116,  §  88. 

service  and  return  of,  p.  117,  §§  91-93, 

duty  of  sheriff  to  execute,  p.  116,  §  88  et  seq. 

direction  by  attorney  or  party  as  an  excuse, 
p.  118,  §  98. 

duty  of  sheriff  to  show,  p.  119,  §  101. 

service  of  where  sheriff'  a  party,  p.  119,  §  104. 

when  may  be  served  bv  elisor,  p.  119,  §  105. 
PROSTITUTION— reference  to  acts,  p.  954. 
PROTECTION  DISTRICTS— act  for,  p.  954. 

reference  to  acts  relating  to,  p.  966. 

organization  and  formation  of,  p.  954. 

dissolution  for  nonuser,  p.  1187. 
PUBLIC  ADMINISTRATOR— duties  of,  p.  134,  §§ 
151,  152;  p.  678,  §  134. 

compensation  of,  p.  145  et  seq. 

reference  to  act  relating  to,  p.  966. 

fees  of,  p.  332. 
PUBLIC  BUILDINGS— contract  for  lighting,  l?6w 

let,  p.  70. 
PUBLIC  DEBT— funding  of,  p.  346. 

payment  of  private  claims  allowed  at  31st  ses- 
sion, p.  967. 

redemption  and  payment  of  funded  debt  bonds, 
p.  966  et  seq. 

reference  to  acts  relating  to,  p.  346. 

state  funding  acts,  reference  to,  p.  346. 

county  indebtedness,  power  to    refund,  p.  90, 
§  25,  subd.  13. 

repeal  of  act  relating  to  refunding  of  indebted- 
ness and  issuance  of  bonds,  p.  969. 

state,  creation  of  debt  in  excess  of  appropria- 
tion, prohibition  of.  p.  975.  ■    ' 

incurring  of  for  watei'works,  sewers,  or  ^public 
improvements,  p.  1013. 

repeal  of  act  autliorizing  incurring  of  indeibte^- 
ness  by  cities,  p.  1013. 

destroying  unsold  city  bonds,  p.  39. 


Index.  1329 

PUBLIC  DEBT— Continued. 

funding  debts  of  counties  in  certain  cases,  p. 
38. 

redemption  and  payment  of  funded  debt  bonds 
of  state,  p.  966. 

payment  of  funded  indebtedness  of  state  and 
contracting  of  funded  debt,  p.  967. 

payment  of  certain  private  claims  allowed  by 
legislature,  p.  967. 

cities,   funding    indebtedness    and   issuing    of 
bonds  by.  p.  967. 

counties,    funding  of,   indebtedness   and   issu- 
ing of  bonds,  p.  969. 

counties,  refunding  funded  debt  at  less  inter- 
est, p.  971. 

issue  of  bonds,  submission  to  electors,  pp.  '972, 
973. 

counties,  creation  of  funded  debt  for  certain 
pui*poses,  p.  973. 

payment  of  debts  in  certain  cities,  submission 
to  people,  p.  974. 
PUBLIC  HEALTH.    See  Sanitary  Districts. 

reference  to  acts  relating  to.  p.  976. 

sanitary  condition  of  factories  and  workshops, 
p.  1048. 

removal  of  bodies  from  cemetery,  p.  46. 

attorney  for  board  of  health  in  San  Francisco, 
p.  976. 

appropriations  to  prevent  introduction  of  con- 
tagious diseases,  p.  976. 

prevention  of  introduction  of  contagious  dis- 
eases into  state,  p.  976. 

purchase  and  manufacture  of  diphtheria  anti- 
tOxine,  p.  977. 

board  of    health    granted    power  to    regulate 
plumbing  and  drainage,  pp.  978,  979. 
:   general  vaccination,  p.  981. 

quarantine  and  sanitary  laws  for  San  Francis- 
co, p.  1019. 

Sacramento,  dispensary  in,  p.  978. 

act  to  prevent  exhumation  and  removal  of  bod- 
ies, p.  46. 


1330  Index. 

PUBLIC  HEALTH— Continued. 

ordinances  and  iniles  to  govern  and  preserve,  p. 
95,  §  25,  subd.  20. 

appointment  and  powers  and  duties  of  health 
officer,  p.  95,  §  25,  subd.  20. 
PUBLIC  IMPROVEMENTS.    See  Public  Works; 

Sewers;  Water  Companies. 
PUBLIC  LANDS.    See  State  Lands. 

act  for  the  better  protection  of  settlers,  p.  983. 

penalty  foi*  interference  with  settlers,  p.  983. 

protection  of  bona  fide  settlers,  p.  1092. 

protection  of  pre-emption  and  homestead  claim- 
ants, p.  1082. 

reference  to  acts  relating  to,  p.  553. 
See  State  Lands. 
PUBLIC  LIBRARIES.    See  Libraries. 
PUBLIC  MARKET— formation  of    in  San    Fran- 
cisco, p.  984. 
PUBLIC  PARKS.    See  Parks. 

reference  to  acts  relating  to,  p.  986. 
PUBLIC  WORKS— act  authorizing  cities  of  first 
class  to  acquire  site  for,  p.  996. 

condemning  property  for,  p.  996. 

commissioner  of,  act  creating,  p.  987. 

commissioner  of.  auditing  board  to,  creation, 
powers  and  duties,  p.  989. 

plans  of,  alteration  of,  p.  1012. 

act  regulating  erection  of  public  buildings,  p. 
1000. 

act  regulating  contracts  on  behalf  of  state  in 
relation  to,  p.  1001. 

product  of  Chinese  labor  not  to  be  used  on. 
See  Pol.  Code,  §  3235. 

preference  of  ex-Union  soldiers  and  sailoi's,  p. 
989. 

limiting  hours  of  labor  on.  p.  989. 

preference  in  purchase  of  supplies  for.  See 
Pol.  Code,  §§  3247,  3249. 

act  authorizing  indebtedness  to  construct  sew- 
ers, waterworks,  and  public  Improvements, 
p.  1013. 


Index.  1331 

PUBLIC  WORKS— Continued. 

completion  of  unfinished  public  buildings,  pp. 

1010,  1012. 
securing    claims  of    materialmen,    mechanics, 

and  laborers,  p.  994. 
power  to  condemn  land  for  site,  p.  994. 
minimum   rate  of  compensation  for  labor,   p. 

994. 
felony,  being  interested  in  contract,  p.  993,  §  9. 
repeal  of  act  relating  to  incuiTing  public  debt, 

p.  1013. 
repeal  of  act  relating  to  waterworks  in  certain 

cities,  p.  1013. 
plans  of,  change  in,  pp.  102,  103,  §§  37,  38. 
QUARANTINE.    See  Health. 

act  establishing  for  San  Francisco,  p.  1019. 
against    animals    brought    from  infected    dis- 
tricts, p.  1019. 
RAILROADS— reference    to  acts    relating    to,  p. 
1022. 
franchises  to  public  parks  beyond  city  limits, 

p.  1023. 
right  of  way  to  Southern  Cal.  Ry.  Co.,  p.  1022. 
cars  to  be  inspected  by  board  of  health,  p.  976. 
equipment  of  cars  with  fenders  and  brakes,  p. 
1023. 
RAMIE— bounty  for  ramie  culture,  p.  1024. 
encouragement  of  cultivation  of,  p.  1024. 
READING  ROOMS.    See  Libraries. 
REAL  ESTATE.    See  Torrens  Land  Act. 
RECLAMATION  DISTRICT-appeals  from  orders 
forming  or  refusing  to  form,  p.  1029. 
appeals  from  orders  relating  to,  p.  1029. 
bonds,  issuance,  disposal,  and  payment  of,  p. 

1024. 
distributing  proceeds  of  sales  of  swamp  lands 

to,  p.  1029. 
districts  formed  before  code  subject  to,  p.  1029. 
facilitating    equalization    of    assessments,    p. 

1029. 
swamp  land  district  funds,  p.  557. 
dissolution  of  for  nonuser,  p.  1187. 


1332  Index. 

RECLAMATION   DI STRICT— Continued. 

petition  to  form  in  Yolo  and  Solano,  power  of 
supervisors,  p.  1029. 
RECORDER— county,    general    powers    and    du 
ties  of,  pp.  123,  128. 
eompeusation  of,  p.  141  et  seq. 
duties  of  generally,  p.  677,  §  131. 
fees  of,  p.  327. 
RECORDER'S  COURT— in  cities  of  fifth  class,  f 
873. 
recorder  When  disqualified,  p.  873,  §  808. 
in  cities  of  sixth  class,  p.  894,  §§  882  et  seq. 
recorder,  disqualification  of,  p.  895,  §  884. 
RECORDS— reference  to  acts  relating  to,  p.  1030. 
RED  BLUFFS— amendment  of  act  incoi-porating, 

p.  1217. 
RESOLUTIONS— mayor  to  approve  of,  p.  942. 
RIVERSIDE  COUNTY— reference  to  acts  relating 

to,  p.  1030. 
ROADS— enumeration  of  special  laws  relating  to, 

p.  1030. 
RODEOS— reference  to  acts  relating  to,  p.  1031. 
ROSTER.    See  Blue  Book. 

SACRAMENTO  CITY  AND  COUNTY— references 
to  special  and  local  acts  relating  to,  p.  1031. 
redemption  of  bonded  indebtedness,  p.  1031. 
amendment  of  act  incorporating  city,  p.  1031. 
state  highway  from  Sacramento  to  Folsom.  p. 

367. 
dispensary  in,  p.  978. 
SACRAMENTO  RIVER-  improvement  of  naviga- 
tion of,  p.  263. 
SAILORS.    See  Soldiers:  Veterans'  Home. 
SALINAS  CITY— amendment  of  act  to  reineoriDO- 

rate,  p.  600. 
SAN  BENITO  COUNTY"— reference  to  acts  relat- 
ing to,  p.  1031. 
creation  and  organization  of  county,  p.  1032. 
indebtedness  between  and  Monterey,  payment 

of.  p.  1032. 
transcription  of  records  from  Fresno  and  Mer- 
ced, p.  10.32. 


Index.  1333 

SAN    BERNARDINO      COUNTY —references    to 

special  and  local  acts  relating  to,  p.  1033. 
SAN  DIECiO  COUNTY— pilots  iu.     See  Pol.  Code, 

Appendix,  title  "Pilots." 
references  to  special  and  local  acts  relating  to, 

p.  1033. 
amendment  of  act  to  reincorporate  the  city,  p. 

1033. 
SAN  FRANCISCO  CITY    AND  COUNTY— board 

of  health,  attorney  for,  p.  976. 
coroners  in,  act  concerning.     See  Penal  Code, 

Appendix,  title  "Coroners." 
coroners  in,  assistants  to.    See  Penal  Code,  Ap- 
pendix, title  "Coroners." 
assistants    to    city  and    county   attorneys,   p. 

1034.  ffi 

county  clerk,  deputies  and  assistants  of  in  San 

Francisco,  p.  1034, 
fees,  how  paid  in,  p.  333. 
fire  d'epartment,  p.  1034. 
ferry  depot  in,  p.  339. 
free  mai-ket  in.  act  authorizing,  p.  984. 
gas,  contract  for  lighting  gas  in,  p.  352,  §  3. 
gas,  price  and  quality  of  in.  p.  347. 
gas  inspector  in,  p.  347. 
harbor    commissioners.      See    Appendix,     Pol. 

Code,  title,  "San  Francisco."' 
judgments,  how  paid.  p.  549. 
home  of  inebriates  of,  p.  371. 
home  of  inebriates— act  repealed,  p.  371. 
inebriates  in,  maintenance  and  care  of,  p.  371. 
hospital,  power  to  erect,  p.  383. 
normal  school  in,  p.  1033. 
disti-ict  attorney  in,  assistants  of.  p.  1034. 
house  of  correction,  p.  383. 
election  commissioners  and  secretary  in.     See 

Pol.  Code,   §§  1075,  1077.  1079. 
election  laws  in,  act    relating    to  violation  of. 

See  Penal  Code.  p.  543. 
elections,  special  in.     See  Pol.  Code,  Appendix, 

title  "Elections." 
fees,  how  paid  in  cities  over  100,000,  p.  333. 
Gen.  Laws— 112. 


1334  Index. 

SAN    FRANCISCO    CITY  AND    COUNTY— Con- 
tinued. 

firp  (Ipnnvtment,  act  to  increase  efficiency  of  in. 
See  Pol.  Code,  Appendix,  title  ''Fire  Depart- 
ment." 

fire  department,  salaries  of  otRcers  of.  See  Pol. 
Code,  title  "Fire  Department." 

interpreters  in,  p.  1028. 

judgments  against,  how  paid,  p.  549. 

law  library— act  providing  for,  p.  1034. 

morgue  in,  p.  600. 

municipal  hospital— power  to  build,  p.  1034. 

notary  in,  appointment  of  for  the  Presidio. 
See  Pol.  Code,  Appendix,  title,  "Notaries." 

park  commissioners,  authorized  to  accept  dona- 
tions, p.  263. 

public  works,  power  to  condemn  land  for,  p. 
996. 

pharmacy,  act  regulating  practice  of  in  San 
Francisco,  p.  575. 

quarantine  and  sanitary  laws  in,  p.  1019. 

public  buildings,  condemnation  of.  p.  1034. 

references  to  special  and  local  acts  relating  to, 
p.  1033. 

re^stration  of  voters  in.  See  Pol.  Code,  Ap- 
pendix, title  "Elections." 

tax,  collection  of  personal  property,  act  abolish- 
ed, p.  1034. 

training  ship  in,  p.  12.58. 

water  front  in,  amendments  of  act  relating,  p. 
1033. 

treasurer  in,  deputies  of,  p.  10.34. 
SANITARY  DrSTRICTS— formation,  government, 

operation,  and  dissolution  of,  p.  1035. 
SANITARY  LAWS.      See  Public  Health. 
SAN  JOAQUIN    COUNTY— references  to  special 

and  local  acts  relating  to,  p.  1049. 
SAN  .TOAQUIN  RIVER— improvement  of  naviga- 
tion of.  p.  263. 
SAN  LUIS  OBISPO  COUNTY— references  to  spec- 
ial and  local  acts  relating  to,  p.  1050. 

boundary  between  and  Kern.  p.  76. 


Index.  1335 

SAN  MATEO  COUNTY— references  to  special  and 
local  acts  relating  to,  p.  1050. 
grant  of  certain  tide  lands  to,  p.  1187. 
SAN   PEDKO— pilots  in.     See  Pol.   Code,  Appen- 
dix, title  "Pilots." 
SANTA  BARBARA  COUNTY— references  to  spec- 
ial and  local  acts  relating  to,  p.  1050. 
SANTA    CLARA    COUNTY— act   providing    addi- 
tional judge  for.    See  Code  of  Civil  Proced- 
ure, p.  811. 
references  to  special  and  local  acts  relating  to, 

p.  1050. 
amendment    of    act  to  reincorporate   city,   p. 
1050. 
SANTA    CRUZ    COUNTY— references  to  special 

and  local  acts  relating  to,  p.  1051. 
SCALES— scale  for  measurement  of  logs,  p.  563. 
SCHOOL  LANDS.     See  State  Lands. 
SCHOOL  OF  INDUSTRY— reference  to  acts  relat- 
ing to,  p.  1051. 
SCHOOL  OF  REFORM— reference  to  acts  relating 

to,  p.  1051. 
SCHOOLS— protection   of   state   school  books,    p. 
1051. 
safe  and  storekeeper    to  protect    state    school 

books,  p.  1051. 
compilation  and  publication  of  state  series  of 

text  books,  pp.  1052,  1055,  1061. 
compilation  and  publication  of  work  on  civil 

government,  p.  1055. 
revision  of  certain  books  of  state  series,  p.  1061. 
levy  and  collection  of  taxes  in  cities  of  first 

class,  p.  1063. 
bonds,  issuance  of  bv  cities  of  fifth  class,  p. 

1064. 
superintendent  of  public  instruction,  clerk  in 

office  of,  p.  1068. 
teacher's  annuity  and  retirement  fund,  p.  1069. 
disposal  of  moneys  remaining  after  debts  paid, 

p.  1077. 
educational  rights  of  children,  enforcement  of, 

p.  1077. 
discrimination  against  female  teachers,  p.  1080. 


1336  Index. 

SCHOOLS— Continued. 

certificates  and  diplomas,  continuing  in  force, 

p.  1080. 
certificates,  temporary  issuance  of,  p.  1081. 
protection  of  school  districts  during  year  1880, 

p.  1081. 
trusts  for  endowment  of,  p.  308. 
superintendent,  election  term  of  oflSce  and  pow- 
ers, p.  781,  §  248. 
superintendent,  powers  of,  p.  145  et  seq. 
superintendent,  duties  of,  p.  134.  §  150;  p.  736, 

§§  259,  260. 
superintendent,  a  member  of  board,  p.  736,  § 

257. 
superintendent,  cleric  of,  p.  736,  §  258. 
vacancy  in  office  of  director  or  siuperinftendent, 

p.  737,  §§  261,  262. 
board  of  education,  estimate  of  expenses  by,  p. 
;  739,  §  270. 

board  of  education,  how  constituted  and  term 

of  office,  p.  731,  §  247. 
board  of  education,  qualifications  of,  p.  731,  § 

247. 
board  of  education,  organization  and  meetings, 

p.  731,  §  247. 
board  of  education,  rules  and  quorum,  p.  731, 

§  247. 
board  of  education,  sessions  and  records  pub- 
lic, p.  731,  §  247. 
board  of  education,  powers  of,  p.  731,  §  249. 
oaths,  what  officers  may  administer,  p.  734,  § 

250. 
claims  and  demands,  p.  738,  §§  265,  266. 
rejection  of  claim,  remedy  for,  p.  667,  §  99. 
supplies,  bids,  and  contracts,  how  made  and 

awarded,  p.  734,  §§  252,  253. 
board  of  education,  supplies,  duty  to  furnish 

and  how  furnished,  p.  734,  §  252. 
director  not  to  be  intei'ested  in  contract,  p.  734, 

§  254. 
reports  of  directors,  p.  734.  §  251. 
board  of  education,  annual  report,  p.  735.  §  2.55. 
evening  schools,  p.   735.   §  256. 


Index.  1337 

SCHOOLS— Continued. 

fund  and  how  used,  p.  737  et  seq. 

no  sectarian  school  to  receive  money,  p.  740, 

§271. 
no  member  to  disburse  money  or  accept  gift,  p. 

740,  §  272. 
second  class,  board  of  examiners  in  cities  of,  p. 

774  et  seq. 
second  class,  certificates  in  cities  of,  p.  775. 
second  class,  superintendent  in  cities  of,  p.  775 

et  seq. 
second  class,  funds  in  cities  of,  p.  776  et  seq. 
second  class,  debts  and  demands  in  cities  of,  p. 

778,  §  423  et  seq. 
second  class,  boards  of  education  in  cities  of, 

p.  771  et  seq, 
second  class,  schools  in  cities  of,  p.  771  et  seq. 
third  class,  school  fund  in  cities  of,  p.  793,  § 

534. 
third  class,  board  of  education  in  cities  of,  p. 

798  et  seq. 
third  class,  schools  in  cities  of,  p.  798  et  seq. 
fourth  class,  boards  of  education  in  cities  of,  p. 

839.  §  711. 

fourth  class,  superintendent    in    cities    of,  p. 

840,  §  712. 

fourth  class,  boards  of  examination  and  certifi- 
cates in  cities  of,  p.  843. 
fourth  class,  fund  how  constituted  and  applied 

in  cities  of,  p.  843  et  seq. 
fourth  class,  schools  in  cities  of.  p.  839  et  seq. 
fourth  class,  cities  of,  vacancy  in  trustees,  p. 

806,  §  606. 
fifth  class,  treasurer  is  custodian  of  funds  in 

cities  of,  p.  871,  §  800. 
fifth  class,  demands       against  in  cities  of,  pp. 

871,  872. 
fifth  class,  president  may  compel  attendance  of 

witnesses  in  cities  of,  p.  871,  §  802. 
fifth  class,  school  directors  in  cities  of,  p.  867 

et  seq. 
fifth  class,  schools  in  cities  of,  p.  867  et  seq. 


1338  Index. 

SCHOOLS— Continued. 

fifth  class,  secretary,  duty  of  in  cities  of,  p. 

872,  §  804. 
fifth  class,  cities  of,  a  separate  school,  p.  8(37, 
§  795. 
SEALERS -act  establishing  standard  of  weights 

and  measures,  p.  1279. 
SCIENCES— act  to  encourage,  p.  304. 
SEDUCTION— reference  to  act  relating  to,  p.  1082. 
SENATORS— United  States  senators,  election  of. 

p.  1260. 
SEWERS— formation  of  sanitary  districts  and  con- 
struction of  sewers,  act  relating  to,  p.  1035. 
extending  and  completing  mains,  intercepting 

sewers,  p.  1083. 
act  of  1885  providing  for  work  on,  p.  1114. 
indebtedness  to  construct,  p.  1013. 
establishment  and  maintenance  of  sewer  dis- 
trict, p.  1083. 
SHASTA  COUNTY— reference  to  special  and  local 
acts  relating  to,  p.  1084. 
boundary  between  and  Lassen,  p.  76. 
SHEEP— reference  to  acts  relating  to,  p.  1084. 
restriction  on  in  Lake  county,  p.  354. 
sheep  or  goats,  liability  of  owner  of  dog  killing, 
p.  261. 
SHERIFFS— reference  to  acts  relating  to,  p.  1084. 
duties  of,  generally,  p.  677,  §  130. 
duty  of  while  attending  court,  p.  119,  §  102. 
duty  of  sheriff  to  show  process,  p.  119,  §  101. 
general  powers  and  duties  of,  pp.  116.  120,  §§ 

88,  105. 
fees  of,  p.  326. 

compensation  of,  p.  140  et  seq. 
failure  to  pay  over  money,  penalty  for.  p.  117, 

§  94. 
rescue,  liability  for,  p.  118,  §§  96,  97. 
escape,  liability  for,  p.  118,  §  95. 
direction  bv  partv  or  attorney  as  excuse,  p. 

118,  §  98.  ' 

vacancy  in  office,  what  creates,  p.  118,  §  99. 

duty  to  execute  process,  p.  119,  §  100. 

service  of  papers  upon,  how  may  be  made,  p. 

119,  §  103. 


Index.  1339 

SHERIFFS— Continued. 

who  to  execute  process  when  sheriff  a  party,  p. 
119,  §  104. 

not  to  practice  law,  p.  Ill,  §  65. 

subpoenaing  witnesses  for  supervisors,  p.  100, 
§§  28,  29. 

attendance  at  meeting  of  supervisors,  p.  100, 
§  27. 

service  of  papers  for  supervisors,  p.  100,  §  27. 

justice's  court,  duty  of  sheriff,  p.  720,  §  217. 

deputies  for  justices,  salaries  of,  p.  720,  §  217. 

outgoing,  duty  of  successor,  p.  119,  §  103. 
SHIPPING— duty  of  master  of  vessels  to  report 
to  quarantine  officer,  p.  708,  §§  176,  177. 

duty  of  ship  masters  to  report  to  quarantine 
officer,  p.  707,  §§  173,  174. 

master  not  to  permit  landing  without  permit, 
p.  709.  §  179. 

promotion  of  emigration,  duty  of  owners,   p. 
314. 
SIDEWALKS— act  providing  for  work  on,  p.  1114. 
SIERRA  COUNTY— references  to  special  and  local 

acts  relating  to,  p.  1084. 
SILK  CULTURE— board   of,  powers  and  duties, 
pp.  1084,  1085. 

creation  of  board,  pp.  1084,  1085. 
SISKIYOU  COUNTY— boundary  between  and  Las- 
sen, p.  76. 

act  to  prevent  propagation  of  thistle  in,  p.  1219. 

exemption  of  firemen  from  poll  tax,  p.  1217. 

marks  and  brands  in,  p.  567. 

references  to  special  and  local  acts  relating  to, 
p.  1085. 
SOLANO  COUNTY— petition  to  form  reclamation 
district,  power  of  supervisors,  p.  1029. 

reference  to  acts  relating  to,  p.  1085. 

countv  seat  of,  p.  1085. 
SOLDIERS  AND  SAILORS.    See  California  Vol- 
unteers; Grand  Army;  Veterans'  Home;  Wo- 
man's Relief  Coitus. 

burial  of  ex-Union  sailors  and  marines  who  are 
indigent,  p.  1086. 


1340  Index. 

SOl.DIEKS  AND  SAILORS— CoDtmued. 

claims  for  services  in  Indian  wars,  p.  385. 
widows,  orphans,  and  army  nurses,  home  for, 

p.  1086. 
training  ship  in  San  Francisco,  p.  1258 
SONOMA  COUNTY— herding  of  sheep  in,  p.  262. 
references  to  special  and  local  acts  relating  to, 
p.  1086. 
SPECIAL    LAWS— relating    to    various    counties. 

See  references  under  Various  Counties. 
SQUIRRELS— reference  to  local  and  special  laws 

relating  to,  p.  1086. 
STALLION'S— reference  to  acts  relating  to,  p.  1087. 
STAMPS— redemption  of  umised  and  uncanceled, 

p.  1087. 
STANISLAUS    COUNTY— references    to,   special 

and  local  acts  relating  to,  p.  1087. 
STATE.    See  Public  Debt. 

claims  against  for  service  in  Indian  wars,  p. 

385. 
commissioner    to    represent    state  at    Central 

American  exhibit,  p.  50. 
consent  of  state  to  reservation  by  Congress  for 

park,  p.  987. 
debt  of.    See  Public  Debt, 
donations  to,  power  to  receive,  p.  263. 
eastern  boundary  of,  correction  and  establish- 
ment of,  p.  40. 
index  to  statutes  of  state,  p.  45. 
insurance  of  property  of,  p.  435. 
inventoi-y  of  property  of,  p.  435. 
publication     of    volume  showing  resources  of 

California,  p.  1281. 
reference  to  acts  relating  to.  p.  1087. 
STATE  ANALYST— reference  to  acts  relating  to, 

p.  1088. 
STATE    CAPITAL— liquor  not    to  be  sold    at,  p. 
1088. 
acts  relating  to,  p.  1088. 
removal  of.  p.  1088. 
STATE  ENGINEER— creation,  appointment,  pow- 
ers, duties,  etc.,  p.  263. 


Index.  1341 

STATE  LANDS.    See  Public  Lands. 

ceding  jurisdiction  to  United  States  of  lands 
ceded  to,  p.  1091. 

ceding  jurisdiction  to  United  States  over  lands 
acquired  for  military  purposes,  p.  1091. 

ceding  title  to  lands  to  United  States  for  mili- 
tary purposes,  p.  1091. 

consent  to     reservation    of     lands     by     Con- 
gress for  park,  p.  987. 

reference  to  acts  relating  to,  p.  553. 

relinquishing  title  to  United  States  of  certain 
land,  p.  1091. 

act  autborizing  governor  and  surveyor  to  con- 
vey certain  land,  p.  1092. 

legalizing  applications   for  purchase  of  state 
lauds,  p.  1092. 

relief  of  purchasers  of  state  lands,  p.  1092, 

redemption  of  state  lands  sold  for  nonpayment 
of  interest,  p.  1092. 

examination  into  sale  and  disposal    of    state 
lands,  p.  1092. 

protection  of  bona  fide  settlers,  p.  1092. 

reservation  of  certain  section  from  sale,  p.  1092. 

reference  to  special  acts  relating  to  title  to,  p. 
553. 

payment  in  full  by  holders  of  certificates  of 
purchase,  p.  1090. 

presentation    and     cancellation    of     unlocated 
school-land  warrants,  p.  1088. 

school  lands,  application  for  purchase  and  de- 
posit, p.  1089. 
STATE    LIBRARY— removal   of   mineral   cabinet 

from,  p.  578. 
STATE  MINERAL  CABINET.    See  Mineral  Cab- 
inet. 
STATE  MINERALOGIST— creation    of    ofl?ice  of. 

p.  578. 
STATE  PRINTER— reference  to  acts  relating  to, 

p.  1092. 
STATE  PRISONS— reference  to  acts  relating  to.  p. 

1093. 
STATUTE  OF  LIMITATIONS-reference  to  acts 
relating  to,  p.  1093. 


1342  Index. 

STATUTES— California,  index  to,  p.  45. 

effect  of  municipal  government  bill  on  prior 

laws,  pp.  741,  742. 
STEVENSON,  JNO.  D.— act  for  the  relief  of,  p. 

1093. 
STOCKTON— construction  of  canal  along  N  street 

from  asylum  to  river,  p.  428. 
STREETS— trees  and  hedges  in,  act  providing  for, 

p.  1094. 
eradication  of  w^eeds,  p.  1094. 
laying     out,     opening,     extending,     widening, 

straightening,    or    closing  of  in  cities  under 

40,000,  p.  1101. 
laying     out,     opening,     extending,     widening, 

sti*aightening,     diverging,     curving,  contract- 
ing, or  closing  up  in  cities  over  40,000,  p.  1160. 
sitreet  improvement    bonds    for  cost  of  street 

work,  p.  1172. 
sale  and  redemption  of  property  for  delinquent 

assessments,  p.  1180. 
improvement  or  grading  of.  pp.  644  et  seq. 
improvement  of  streets  by  property  owners,  p. 

660,  snbd.  88. 
improvement,    repayment    to    owners,  p.  658, 

snbd.  84. 
improvement,  payment  to  contractor,  p.  657. 
act  of  1885  providing  for  woi*k  upon  streets,  p. 

1114. 
act  of  1885  providing  for  work  on  lanes,  alleys, 

courts,  and  sidewalks,  p.  1114. 
act  of  1885  providing  for  work  upon  sewers,  p. 

1114. 
improvement,  completion  of  contract,  p.   655, 

snbd.  80. 
improvements  assessment,  pp.  651,  652. 
improvement,  contract  for,  p.  649  et  seq. 
improvement,  manner  of,  p.  644  et  seq. 
improvements,  law  regulating,  p.  644  et  seq. 
district,  map  of,  pp.  648,  649. 
manner  of  compelling  certain  street  work  to  be 

done,  p.  647,  subd.  69. 
special  assessments,  proceedings    on,    p.    645, 
subd.  68. 


Index.  1343 

STREETS— Continued. 

special  assessments  for  work  on  private  prop- 
erty, p.  645,  subd.  68. 
appeal  by  owner,  pp.  655,  656. 
public,  definition  of,  p.  644,  subd.  66, 
superintendent  of  streets,  duties  of,  p.  679,  § 

136. 
kind  of  labor  on  accepted  streets,  p.  658,  subd. 

85. 
injury  from  defects   in,   liability   for,   p.   659, 

subd.  87. 
repairing  streets  in  case  of  urgency,  p.  658, 

subd.  86. 
sale  of  property  for  unpaid  taxes,  pp.  653,  654. 
opening  and  improving  streets  in  citiesr  of  first 

class,  p.  885,  §  869  et  seq. 
defects  in  cities  of  second  class  not  liable,  p. 

765,  §  376. 
improvements  and  opening  of  in  cities  of  sec- 
ond class,  pp.  755  et  seq. 
defects  in,  who  liable  in  cities  of  second  class, 

p.  765,  §  376. 
superintendents  in  cities  of  second  class,  p.  765, 

§  373  et  seq. 
improving  or  opening  streets  in  cities  of  third 

class,  p.  789  et  seq. 
street    commissioner,    duties    of    in    cities    of 

fourth  class,  p,  832,  §  678. 
improving  and  opening  in  cities  of  the  fourth 
class,  p.  818  et  seq. 
in  cities  of  fifth  class,  improvement,  laying  out 

and  repair  of,  pp.  857,  et  seq. 
notices,  who  may  serve,  p.  660,  sec.  90. 
contracts  for  lighting,  how  let,  p.  70. 
SUNDAYS— reference  to  acts  relating  to,  p.  1181. 
SUPERINTENDENT  OF  STREETS.    See  Streets. 
SUPERVISORS.    See  Parks. 

authorized  to  pay  salaries  of  license  collectors, 

p.  561. 
reference  to  acts  relating  to,  p.  1181. 
funding    indebtedness    and    issuing    bonds,  p. 

966. 


1344  Index. 

SUPERVISORS— Continued. 

county,  refunding  funded  debt,  p.  971. 

power  to  condemn  land  for  public  works,  p. 

996. 
franchise  for  railroad  to  park  beyond  city  lim- 
its, p.  1022. 
water  rates,  fixing  of,  p.  1268. 
granting  of  franchises,  p.  1274. 
declaring    innavigable    streams    highways  for 

floating  timber,  p.  1274. 
districts  to  be  equal  in  population,  p.  83,  §  16. 
supervisor  districts,  change  of  boundary,  p.  83, 

§  16. 
qualifications  of,  p.  83,  §  15,  p.  622,  §§  46-48. 
disqualification  of,  p.  622,  §  48. 
number  of,  p.  83,  §  14. 

division  of  county  into  townships,  p.  109,  §  56. 
classifying  supervisors,  p.  110,  §  58. 
two  boards  of,  p.  621,  §  40. 
assistant  aldermen,  p.  621,  §§  40,  43. 
assistant  aldermen,  clerk  of,  p.  622,  §  44. 
election  of,  manner  of,  p.  83,  §  15,  p.  621,  §  41. 
vacancy,  how  filled,  p.  S3,  §  17,  p.  622,  §  45. 
meetings  of,  p.  625,  §  55. 

meetings  to  be  public,  p.  85,  §  24,  p.  624,  §  51. 
special  meetings  of.  p.  85,  §  23. 
organization  and  rules,  p.  623,  §  49. 
quorum,  what  constitutes,  p.  83,  §  18.  p.  624.  § 

50 
chairman,  p.  624,  §  50. 

chairman,  election  and  duties  of,  p.  83,  §  18. 
secretary  of,  p.  621,  §  42. 
clerk  of  board,  duties  of,  p.  84.  §  20. 
county  clerk  is  ex  officio  clerk,  p.  84.  §  19, 
sheriff  to  serve  papers  for,  p.  100,  §  27. 
sheriff,  attendance  of  at  meetings,  p.  100,  §  27. 
reports  of  committees  of  conference,  p.  626,  § 

57. 
finance  committee,   appoinitment   and   powers, 

p.  625,  §  54. 
chairmen    of  committees,  powers  of,  p.  100,  § 

30. 


Index.  1345 

SUPERVISORS— Continued. 

jurisdiction  and  powers  of,  generally,  p.  86,  § 

26. 
powers  of,  generally,  ennmeration  of,  p.  628, 

§  64. 
powers  are  those  named,  p.  628,  §  62. 
power  of  supervisors  to  refund  county  indebt- 
edness, p.  90,  §  25,  subd.  13. 
bids  for  county  supplies,  p.  96,  §  25,  subd.  21. 
printing  and  supplies,  bow  provided,  p.  96,  §  25, 

subd.  21. 
water  rates,  fixing  of,  p.  1268. 
limitations  on  contracts,  p.  624,  §  53. 
ineligibility  to  other  ofilce  or  perform  certain 

duties,  p.  624,  §  52. 
official  bonds,  supervisors  must  fix  amount,  p. 

Ill,  §  m. 
witness  refusing  to  obey,  proc  (  dings  on,  p.  101, 

§§  31,  32. 
debts  in  excess  of  revenue  not  to  be  created,  p. 

102,  §  36. 
allowances  not  to  exceed  estimate  of  expenses, 

p.  102,  §  36. 
notice  of  proceedings,  posting  of,  p.  106,  §  47. 
contracts  for  public  lighting,  how  let,  p.  70. 
must  not  be  interested  in  contract,  p.  106,  §  45. 
claims  against  county  must  be  authorized,  p. 

107,  §  49. 
franchise  or  privilege,  how  granted  where  su- 
pervisors interested,  p.  106,  §  46. 
claimj?  of,  against  county,  presentation  and  al- 

lOAvance,  p.  107,  §  49. 
must  accept  donations,  p.  107.  §  51. 
misconduct  or  neglect  of,  penalty  for,  p.  108,  § 

53. 
watercourses,  control  over,  p.  107.  §  52. 
witnesses,  subpoenaing  and  examining,  p.  100, 

§§  28,  29. 
majority  must  concur  in  acts,  p.  84,  §  18. 
may  administer  oaths,  p.  83,  §  18. 
compensation  of,  p.  146  et  seq. 
book  to  be  kept  by,  p.  85,  §  21. 
Gen.  Laws— 113 


1346  Index. 

SUPERVISORS— Continued. 

books  and  records  to  be  open  to  inspection,  p. 

85,  §  24. 
records  of,  p.  623,  §  49. 

records  and  minutes,  liow  signed,  p.  84,  §  19. 
appropriation  bills,  p.  627,  §  61. 
second-class  vote  in  cities,  how  taken,  p.  753, 

§  326. 
in  cities  of  the  second  class,  rights,  powers  and 

duties,  p.  745,  §  319  et  seq. 
cities  of  second  class,  power  to  appoint  officers, 

p.  767.  §  380. 
rights,   powers,   and   duties  in   cities   of  third 

class,  p.  783  et  seq. 
clerk  of  in  cities  of  third  class,  duties  of,  p. 

795,  §  551. 
cities  of  fourth  class,  vacancy  in,  p.  806,  §  606. 
in  cities  of  fourth  class,  rights,  powers,  and  du- 
ties, p.  808  et  seq. 
change  of  wards  in  cities  of  fourth  class,  p. 

807,  §  611. 
cities  of  fourth  class,  who  to  preside  in  absence 

of  mayor,  p.  830,  §  671. 
powers  of  president  of  board  in  cities  of  fifth 

class,  p.  862,  §  778. 
cities  of  fifth  class,  trustees  of,  p.  849,  §  760,  et 

seq. 
trustees  in  cities  of  sixth  class,  p.  879,  et  seq. 
SUPREME  COURT  REPORTERS— deputy  for,  p. 

1181. 
SURETIES— official  bonds,  sureties  on.  p.  614,  §  24. 
official  bonds,  qualification  and  examination  of 

sureties,  p.  Ill,  §  66. 
city  officers  not  to  act  as  sureties,  p.  744,  §  304. 
SURGEONS.    See  Veterinary  Surgery. 
SURVEYOR-GE]NERAL— reference  to  acts  relat- 
ing to,  p.  1181. 
SURVEYORS-duties  of,  p.  1181. 
license  of,  p.  1181. 

is  ex  officio  engineer  of  parks,  p.  716,  §  201. 
county,  qreneral  rights,  powers,  and  duties,  pp. 

130-131. 


Index.  1347 

SURVEYORS Continued. 

county,  compensation  of,  p.  145  et  seq. 
county  fees  of,  p.  332. 
duties  of,  p.  680,  §  137. 
SUTTER  COUNTY-act  providing  separate  judge 

for,  see  Code  of  Civil  Procedure,  p.  811. 
boundaries  and  government    of    levee  district 

number  six  in,  p.  557. 
funding  indebtedness  of  levee  district  number 

six  in,  p.  556. 
government  and  boundary    of    levee    district 

number  two  in,  p.  555. 
references  to  special  and  local  acts  relating  to, 

p.  1185. 
SUTTER'S  FORT— guardian  of,  p.  1186. 

acquisition  of  Sutter's  Fort  property,  p.  1186. 
board  of  trustees  for,  p.  1186. 
completion  and  preservation  of,  p.  1186. 
preservation,  protection  and  improvement  of, 

p.  1186. 
SWAMP     AND     OVERFLOWED     LANDS.     See 
Levees;  Reclamation  Districts, 
distributing  proceeds  of  sales  of  swamp  land  to 

reclamation  districts,  p.  1029. 
references  to  special  acts  relating  to  levee  dis- 
tricts, p.  555  et  seq. 
system  of  drainage  for,  p.  263. 
character  of  lands  as,  detei-mination  of.  p.  1186. 
certain  tide  lands  declared  public  and  granted 

to  San  Mateo,  p.  1187. 
quit-claim  of  interest  of  state  in  certain  water 

lots,  p.  1187. 
sale  of  lands  uncovered  by  recession  of  lakes,  p. 

1188. 
unsegregated,  sale  of  and  validating  of  sale  of, 

p.  1188. 
tide  land  commissioners,  board  of,  abolished, 

p.  1190. 
salt  marsh  and  tide  land,  amendment  of  act 

for  survey  and  sale  of.  p.  1190. 
SWAMP  LAND  DISTRICTS.     See  Reclamation 

Districts. 


1348  Index. 

TAXATION— refereuce  to  acts  relating  to,  p.  1191. 

tax  on  issue  of  certificates  of  stocli,  p.  1200. 

collateral  inheritances,  tax  on,  p.  1191. 

levy  and  collection  in  cities  under  first  class, 
p.  1201. 

levy  and  collection  except  in  certain  cities,  p. 
1201. 

mayor  to  sign  tax  ordinance,  p.  942. 

reassessment  and  equalization  where  former 
assessment  or  proceedings  invalid,  p.  1207. 

compensation  to  persons  employed  to  collect  de- 
linquent taxes,  p.  1209. 

commissions  hv  state  for  assessment  and  col- 
lection of.   p".  1209. 

collection  of  taxes  on  personalty  in  San  Fran- 
cisco, statute  repealed,  p.  1210. 

animals,  assessment  of,  p.  1210. 

migratory  herds,  assessment  of,  pp.  1212  et  seq- 

disposition  of  moneys  derived  from  taxes  on 
mortgages,  p.  1215. 

complaint  in  actions  for  delinquent  taxes,  p. 
1216. 

act  exempting  firemen  in  certain  counties  from 
poll  tax,  p.  1217. 

assessors  in  certain  counties  to  deputies,  p. 
1217. 

supervisors  a  board  of  equalization,  p.  643,  sub. 
65. 

tax  collector,  duties  of.  p.  133,  §  149. 

tax  collector,  compensation  of,  p.  142  et  seq. 

tax  collector  chargeable  with  what  monevs.  p. 
676,  §  128. 

tax  collector  to  be  charged  with  moneys  com- 
ing into  his  hands,  p.  676,  §  128. 

levy  of,  p.  666,  subd.  90. 

assessor,  compensation  of,  p.  144,  et  seq. 

assessor,  duties  of,  p.  133,  §  148. 

report  of  assessor  to  board  of  equalization,  p. 
107,  §  48. 

duty  of  municipal  councils  in  relation  to  taxes, 
p.  742.  §  288. 


Index.  1349 

TAXATION— Continued. 

taxes  in  cities  of  second  class,  p.  751,  §  325. 
fixing  rate  of  in  cities  of  second  class,  p.  751, 

§  325. 
cities  of  third  class,  taxes  in,  p.  792  et  seq. 
taxes  in  cities  of  third  class,  p.  785. 
duty  of  city  collector  in  cities  of  fourth  class, 

p.  832,  §  678. 
assessor   in   cities   of  fourth   class,   duties   of, 

p.  831,  §  677. 
taxes  in  cities  of  fourth  class,  p.  820  et  seq. 
assessors  in  cities  of  fifth  class,  p.  863,  §  787. 
cities  of  fifth  class,  taxes  in,  p.  859  et  se<i. 
collection  of  taxes  in  cities  of  fifth  class,  p. 

866,  §  790. 
taxes  in  cities  of  fifth  class,  pp.  851,  8.52. 
in  cities  of  sixth  class,  pp.  881,  887  et  seq. 
assessor  in  cities  of  sixth  class,  p.  890,  §  877. 
TEHAMA  COUNTY— references  to  special  and  lo- 
cal acts  relating  to,  p.  1217. 
TELEGRAPH    COMPANIES— line   between  Asia 

and  America,  p.  1218. 
THEATERS— refusal  of  admission,  penalty  for.  p. 
1218. 
unlawful  to  refuse     admission    to    places  of 
amusement,  p.  1218. 
THISTLE— act  to  prevent  propagation  in  certain 

counties,  p.  1219. 
TIA    .TFANA    FLOOD— appropriation     for    relief 

of  sufferers,  p.  1219. 
TITLES.     See  Torrens  Land  Act. 
TORRENS  LAND  ACT— commission  for  framing 
law.  p.  1219. 
statute  providing  for  certification  of  titles,  etc., 
p.  1220. 
TOWNSHIPS— officers  of.  who  are.  p.  109.  §  56. 
TRADEMARKS— reference  to  acts  relating  to.  p, 

1258. 
TRAINING   SHIP— San   Francisco,  training  ship 

in.  p.  12.58. 
TREASURERS— duties  of,  genernllv.  p.  674.  §  122; 
p.  675,  §  123. 


1350  Index. 

TREASURERS— Continued. 

receipts  by  treasurer,  p.  mn,  §  98. 

county,  compensation  of,  p.  142,  et  seq. 

statement  by  county,  p.  122,  §  117. 

county,  general  powers  and  duties  of,  pp.  112, 

116,  §§  67,  87. 
state,    payment     to     treasurer     of      Veterans' 

Home,  p.  1264. 
state,  act  for  bettei-  protection  of,  p.  1258. 
state,  clerks  of,  p.  1258. 

paying-  demands  in  contravention  of  law,  lia- 
bility of,  p.  670,  §  104. 
examination  of  books  of  treasurer,  p.  668,  §  101. 
defaulting,  proceedings  against,  p.  668,  §  101. 
examining  books  and  counting  cash  in  treas- 
ury, p.  122,  §§  114,  115. 
in  cities  of  second  class,  p.  766,  §  378, 
in  cities  of  third  class,  p.  801,  §  575. 
in  cities  of  third  class,  powers  and  duties  of, 

p.  796,  §  552. 
cities  of  fourth  class,  duties  of  treasurer,  p. 

831,  §  675. 
salary  of  treasurer  in  cities  of  fourth  class,  p. 

830,  §  674. 
in  cities  of  fifth  class,  p.  863,  §  786. 
in  cities  of  sixth  class,  p.  889,  §  876. 
reference  to  acts  relating  to,  p.  1258. 
increasing  number  of  clerks  of,  p,  1258. 
act  for  better  protection  of  state  treasury,  p. 
125S. 
TREES.     See  Forestry;  Fruit  Trees. 

act  relating  to  shade  trees  in  street,  p.  1094. 
TRESPASS.     See  Animals. 
TRESPASSING  ANIMALS.     See    Goats;    Sheep; 

Animals. 
TRINITY  COUNTY— references  to  special  and  lo- 
cal acts  relating  to,  p.  1259. 
TRUSTEES— estates  of  missing  persons,  trustees 

of,  p.  597. 
TRUSTS— for  schools,  universities,  museums,  etc., 

pp.  304,  308. 
TULARE  COUNTY— hides  of  animals  in,  p.  355. 


Index.  1351 

TULARE  COUNTY— Continued. 

references  to  special  and  local  acts  relating-  to, 

p.  1259. 
boundary  between  and  Fresno,  p.  76. 
TUOLUMNE  COUNTY— references  to  special  and 

local  acts  relating  to,  p.  1259. 
UNINCORPORATED     SOCIETIES— reference   to 

acts  relating  to,  p.  1259. 
IGNITED  STATES  FLAG— desecration  of,  p.  1259. 
UNITED     STATES     SENATORS— expression     of 

opinion  as  to  election  of,  p.  1260. 
UNIVERSITIES.  See  Colleges. 

endowment  of,  p.  308. 
UNIVERSITY    OF    CALIFORNIA— tax  levy  for 
support  of,  p.  1262. 
interest  on  bonds  held  in  trust,  p.  1261, 
act  to  provide  for  support  of,  p.  1262. 
affiliated  colleges,  p.  1262. 
references  to  acts  relating  to,  p.  1262. 
congressional  grant  to,  assent  to,  p.  68. 
insurance  of  property  belonging  to,  p.  1262. 
VACCINATION— act  to  encourage  general,  p.  981. 
VENTURA   COUNTY— reference  to  acts  relating 
to,  p.  1262. 
creation  and  organization  of,  p.  1263. 
VENUE— of    criminal    action  on  removal,  p.  251, 
§  229. 
costs  on  removal  of  criminal  cause,  how  certi- 
fied and  paid,  p.  252,  §  230. 
VETERANS'  HOME.    See  Grand  Army;  Woman's 
Relief  Corps, 
act  authorizing  city  or  county  to  lease  property 

to,  p.  1263. 
act  authorizing  directors  to  exchange  or  lease, 

pp.  1263,  1264. 
act  providing  for  state  home  and  government 

of  by  state,  p.  1264. 
appropriation  for-  buildings    and    grounds,  p. 

126S. 
appropriation  for  support  of  aged  indigent  per- 
sons in,  p.  1263. 
building  and  furnishing  of  home,  p.  1085. 


1352  Index. 

VETERANS'   HOME— Continued. 

treasurer,  payment  to  by    state    treasurer,  p. 

1264. 
conveyance  by  to  state  and  making  of  state 

home,  p.  1264. 
management  of,  p.  1086. 
officer  to  receive  money  disbursed  by  United 

States,  p.  1085. 
recognition  of  Veterans'   Home  at  Yountville 

as  state  home,  p.  1085. 
support  of  indigent  persons  in,  p.  1263. 
Mexican  war  veterans,  exchange  of  land  by. 
p.  1264. 
VETEllINARIAN— state,  creation  of  office  of,  p.  16. 
VETERINARY   SURGERY— act  regulating  prac- 
tice of,  p.  1264. 
VINES— act  for  better  protection  of,  p.  343. 
pests  and  diseases,  p.  .344. 
predaceous  insects,  importation  of,  p.  9.54. 
VITICULTURE— reference  to  acts  relating  to,  p. 
1267. 
repeal  of  acts  and  transfers  to  State  University, 
p.  1267. 
VOLUNTEERS— California,  revision  of  records  of, 

p.  45. 
WAR— Indian.     See  Indians. 

Mexican.     See  Veterans'  Home. 
WAREHOUSES— reference  to  act  relating  to,  p. 

1267. 
WATER  COMPANIES— formation  and  organiza- 
tion of  protection  districts,  p.  9.54 
improvement  and  rectification  of,  formation  of 

protection  districts,  p.  954. 
prevention  of  overflow,  p.  9.54. 
irrigation.     See  IiTigation. 
reference  to  acts  relating  to.  p.  1268. 
water  commissioners     in  various     counties,  p. 

1268. 
act  authorizing  incurring  of    inde-btedness    to 

construct  waterworks,  p.  1013. 
repeal  of  act  authorizing  certain  cities  to  ob- 
tain waterworks,  p.  1013. 


Index.  1353 

WATER  COMPANIES— Continued. 

duty  to  make  statements,  p.  1269. 
supervisors  to  fix  rate,  p.  1268. 
pipes  in  cities  of  second  class,  p.  763,  §  359. 
excessive  rate,  p.  1268. 
WATERS— references  to    acts    declaring    certain 

waters  navigable,  p.  1271. 
location     of     tow     paths      along      navigable 

streams,  p.  1273. 
declaring  innavigable  for  floating  logs,  p.  1274. 
privileges  to  construct  booms,  p.  1274. 
examining  commission  on  rivers  and  harbors, 

appointment,  powers,  duties,  p.  I277. 
analyzing.     See  Political  Code,  Api^endix.  title 

State  Analyst,  p.  1062. 
improvement  of     rivers     and  water  front  Id 

cities  of  first  class,  p.  861,  §  776. 
improvement  of  streams    and    water  front  in 

cities  of  sixth  class,  p.  882,  subd.  11. 
control  of  supervisors  over,  p.  107,  §  52. 
river  improvement  in  cities  of  third  class,  p. 

794,  §  535. 
water  rates,  fixing  of,  p.  1268. 
protection  of  highways  from  waters  and  floods, 

p.  366. 
artesian  wells,  act  regulating  use  of.  p.  20. 
reference  to  acts  relating  to,  p.  1271. 
subterranean  waters,  preventing  waste  of,  p. 

20. 
recession  of  lake,  sale  of  land,  p.  1188. 
particular  rivers  and  streams,  acts  relating  to, 

pp.  1271  et  seq. 
WEIGHTS   AND    MEASURES— act    establishing 

standard  of,  p.  1279. 
scale  for  measurement  of  logs,  p.  563. 
WHARFINGERS- reference  to  acts  relating  to.  p. 

1279. 
WHARVES- public'  wharves,  p.   1279. 
WILMINGTON— acts  relating  to  incorporation  of, 

p.  1280. 
pilots  in.     See  Political  Code,  Appendix,  title, 

"Pilots." 


1354  Index. 

WITNESSES— expenses   of,  in    criminal    cases,  a 

county  charge,  p.  251,  §  228. 
refusal  of  to  obey  supervisors,  proceedings  on, 

p.  101,  §§  31,  32. 
fees  of,  where  summoned    by    supervisors,  p. 

101,  §  33. 
supervisors,  subpoenaing  and  serving,  p.  100,  §§ 

28,  29. 
fees  of,  p.  331. 
WOMAN'S  RELIEF  CORPS— appropriation  in  aid 

of,  home  of,  p.  1280. 
home  of,  aid  to  inmates  of,  p.  1280. 
home  of,  management  of,  p.  1280. 
provision   for  deficiency   in  appropriation   for 

home  of,  p.  1280. 
WORKSHOPS— sanitary  condition  of,  p.  1048. 
WORLD'S  FAIR.     See  Columbian  Exposition, 
appropriations  for,  p.  1281. 
volume  of  resources  of  California,  p.  1281. 
YOLO  COUNTY— boundary  between  and  Lake,  p. 

75. 
petition  to  form  reclamation  district,  power  of 

supervisors,  p.  1029. 
references  to  special  and  local  acts,  relating  to, 

p.  1282. 
YOSEMITE     VALLEY— free  wagon     road     from 

Mariposa  to,  p.  1282. 
purchase  of  roads  within    Yosemite   grant,    p. 

369. 
reference  to  acts  relating  to,  p.  1282. 
YUBA  COUNTY— boundary  between  and  Butte, 

p.  75. 
act  providing  separate  judge  for.     See  Code  of 

Civil  Procedure,  p.  811. 
references  to  special  and  local  acts  relating  to, 

p.  1282. 


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